The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-09-21

back way to look for an officer; met Po-
hceman Mitchell, who told me to stop;
gave him my gun. Told the officer it was
a bad affair. i hated it but it couldn't be
helped. Was taken to the city jail. My
wife told me of Mcclellan going to my
place at night and calling for me and firing
of his gun. Saw Mcclellan that day; we
had been playing three-handed game of
solo and Mac got stuck several games. We
went out and spoke to Mac; he said, stshnt
your G. d. mouth, l don't want TO talk
TO you"
Gross-examined-Thin | knew his dis
position thoroughly. Had played cards
come with him in saloons. Always had
a good feeling toward Mac: had heard
that Mac was jealous Of me prior to the Nor
ris affair; don't know why he felt so unless
ii was that MIR. Exum made me chief mar
shel on his force or that | made more ar
rests than be. Mac was very peculiar
man and I tried to cultivate him; played
cards some while this feeling existed; did
not like TO, but If refused was afraid that
he would get angry ana would have trou
BILE; don't remember OF ever drawing
gun on Mcclellan; don't remember OF hav-
ing q conversation with Mcclellan and
making an agreement with him to let the
Morris matter drop. Knew McLellan's
reputation as to truth AID veracity. He
made threats on me before the night of the
ARRAY. Mcclellan could have shot me at
the Logan House at Logan. No doubt he
would have done so had not other
parties been around; had no gun with me;
Mcclellan came up TO my room afterwards;
didn't know who he was until he came TO
the door; can't say that feared that he was
coming TO do me harm.
"Y GU was a stronger-man than Macln
II think | was when | had my health"
Can't say that | thought McLelland
would deliberately shoot me in the back;
made no calculations how long l would
stay in the saloon; took my coat of only
for the purpose OF gong to water closet;
had my gun with me because / was
deputy sheriff. Never saw the indenta--
tons on the cartridges until Mr.. Evans
showed them to me few moments;
heard the witness say so Ia the fore part OF
the Trial. Thought Mcclellan meant me
when he said he was gong to get even with
someone. owing 10 his former threats and
because he did not direct his remarks to
me.
1t would be naturally supposed that had l
gone home the trouble would have been
averted, be might nave followed me. how
ever. / brought up the conversation ABOUT
the note with Hiles; did not bring it up
for an apology: but wanted to know what
he meant by the remark he made to the
jury about me. DID not ask St John to
arrest Mcclellan when he raised the dis
turbance. 1 thought by prevailing upon
Mcclellan to put up his gun and telling
quiet down; when ] got up and went out
my intention was TO go home; Hiles
wanted me to drink: when | went out and
told him | would see him sgain / was
looking at Hiles; dun't think / made the
remark "Pll see YOU again" more than
once.
Think that when ] telephoned for hack
l decided TO go to Shirtliff's to get gun
and walk home. My intention was to go
home in hack or walk home and if did
the latter 10 have gun with me: knew
my overcoat was in keck & Rabe's saloon;
didn't want to 60 back there on account of
Mcclellan When l saw Steele and
couldn't get a gun l thought l
had better so back and get my
overcoat and gun before l went home;
didn't like to ask Mr.. Steele to go and get
them as | didn't like to explain to him
about any trouble we had had. | was
afraid trouble would occur and for that
reason wanted Steele TO go with me.
told Steele to go around to the saloon and
told him l would follow shortly.
/ thought Steele would hear of my trouble
with Mcclellan before followed him to the
saloon, and if any trouble occurred he
WOuIQ protect lie. / uau USCULuS COlQ WILL
out any coat on, and for that reason |
stopped at the stove at keck & Rabies
when returned there. Keck ordered me
out; thought by rights he ought to have
ordered Mcclellan out, as had raised no
disturbance. Only remember Of seeing
Stetson but once the night of the shooting.
When l cried stop, Mac stop l supposed
ne was coming back to have trouble. L
didn't think he would crowd me as much
as he did. / believe he got on the steps
before l fired at hun. He made kind a
rush at me. Did not see Keck or Steele
after the shooting. Saw Mcclellan fall.
Didn't stay there because | saw several
parties whom l thought would take some
interest in the trouble.
This ended the testimony for the defense
and they rested.
The prosecution asked that an adjourn
ment be taken until this morning in order
to consult with each other. The court
thought considerable time had been lost al-
ready by early adjournments and preferred
that the case proceed. The counsel stated
that they thought time could be saved by
adjourning then, as after consulting il
might be decided not to use more than one
half the witnesses that they would other
wise. Court then adjourned.