Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-09-16
THE OGDEN MURDER TRIAL,
Taking Of Further Testimony on Be.
half Of tho Prosecution.
WITNESSES DESCRIBE THE
SHOOTING.
Whe,stone's wife Was Present During
The Progress Of the Case Yes.
ter,lay Afternoon.

NJ ORltn was Ft1uNltl lfAlcTuhl
morning, the further crogs.oxamina
ton Of Deputy Marahal II. John tool
place. Witness deserted the mauuei
in which Mcclellan arranged HE pistol
Mcclellan was sitting Ia such posi-
ton he had full view Of the hallway
and while 10 that petition talked wifi
Hilos. Mcclellan got up and went Il
the bar and shortly returned toward
the back room and almost Immediately
witness heard Inc report Of pistol
Witness was the first at Mcclellan.
side after h. W as shot and assisted ~
carrylng him intoa room. Ho did moi
examine the wound, but scsrched tot
his pistol and found It IN the front Of
his pantaloOus, near his leit eide.
Gu redirect examination witness
said that McLelland exclaimed after
no was shot, "Who tatouo has mur.
dorud nue., why dill he 10 2"
The noxt witness was Conttablo IL.
T.. Steele. lie said he SAW Mcclellan
on tho night VI March 9th last, ~
Shur,lih's saiOou on Qwoniy-iourth
street; witness wa playing sevon.up
AZ the time, but Milestone did not Join
in the gumc. Milestone came In but
presently returned aud said, "llenry,
| want 10 SEQ you a minute" Wit.
noas wont out 10 the bar aud Whelstone
wanted him TO " around TO lNeok's
saloon; at that time James Horrocks
came Ia ami defendant alio asked him
10 goMith them. Defendant said no
would be- around shortly and wltuusa
and HOfrocks went around to the place.
When they went In they saw MIR.
kcck behind the bat, they spoke
TO him and then went back ~ the wine
room, here they found Mcclellan, ST.
John aud Hlles. Witness remained
there rbout ten minutes and .thun
went out to "a back room, who're he
found Mr, kcGk aud the defendant.
BIT. keci wac endeavOring 10 getWhct.
stone 10 10 home, and hu refused.
kock told witness that Mcclellan and
Whutst0ne had had some trouble.
While they were talking McLsllan
came out ~ tho room AMI went
toward the bIr. Shortly after lac hcArd
someone walking ami then saw Nc.
Lellan standing In the center Of the
hallway. Witness huard the de'en.
daut tny, "5top there, Mcclellan,
stop!| Almost Immediately the hring
busau. Witness tried 10 get Wh,t.
stones gun, but was too late. Witness
did not see where Whnlstone went.
CrUss exnmined-5aw no prepaTa.
lions tor the shooting. There was no
light In the room, except from the front
Of the saloon.
Rs.direct-Wn also friend Of Nc.
Lellan. Did no, know latter was In
the saloon when he went In.
Reuben Egglostou-On night Of
March was tending bar for IA. w.
3hurtlin on rwenly.iourlh street.
MILESTONE came into lar afGcg II
O'Clock, about ten minutes before the
shooting occurred. Asked witness II
no had gun and witness said no.
Defendant said nothing Ia reply but
went into card room. Saw Steele come
out VI card room after MILESTONE had
come out, steele went out OF front
door and MILESTONE out Of side door
Immediately. Heard shot Ia roar
about 1vo minutes after WhetltOnt
went out. Witness went out Of side
door and looked up and down tho alley
10 SEE whore shot came ifUm. Saw "A
man standing back OF hcck and Rghe's
saloon. Hmelled powder, but could
not SEQ smoke. Oniger smith went
from front Of alley 10 rear. Figure oi
man went west away ifom rear OF
Ksck's saloon.
Frank Mitchell lived In Ogden three
years; was here In March last and was
police officer on duty the night Of
March 6th. Knew Mcclellan and
MILESTONE; hal seen neither Of them
that night; did not hear shot In rear Of
saloon; heard shot firei In saloon;
was IN front at time. lie and Geiger
went TO back door through his saloon;
turned around, went out Of front en-
trance and around TO alley on Twenty
fourth street; reached McLellan's
body In ten seconds after snOt was
fired. Mcclellan said; "Did you get
Whel! ho did t." (Obleoled ~; OBJ
lection overulod,) Went 10 front ot
alley on FWenty'foufth street; saw
milestone and nnktd for Whet-
stones gun. Got II anu Whct.
stone said: "Ihis Is bad busl.
nes- and I'm sorry for IT," Took
Whctstone 10 the city Jail. Examined
pistol, There were lUnf loaded shells
and two empty ones. All caps had
marks as II the caps had been snapped.
Gave pistol 20 Joe Baxter, city ialiof,
Prosecution offered shells In evidence.
objected 10. Ovefruled. Exception
noted.
Cross oxamined-Witnuas said the
statement of MILESTONE thRt the shoot.
ing was forced on him was made at
the police headquarters. The defense
then tried TO snow continuity OF the
conversation between Whelst0ne aud
tho witness from the time Of tbs arrest
up TO the conversation at the lall. |
Judge Anderson also asked some cues,
lions OF the witnees TO help him de. |
eide. Tho prosecution objected TO all |
evidence showing conversation at the |
iail, and the court sustained the ObJeg- |
tlOn. Exception noted.
a. NJ. Smith, police officer, whs
next examined, ana IN ss.eNRmins. |
tlOn said he heard Mcclellan eAclaitn,
"My God, WhetstOuc has shot me. Ms |
poor wife and children. | wouldn't |
have done HIM In this why.n Don't 70. |
member that the deceased said "Whot. |
stone has murdered me-" The last |
witness saw OF Mcclellan after he turn.
ed away aicr The oonyof6atiOn In the |
main saloon was Mcclellan Just at the
curtains, with one hand raising the |
curtain,
Couft adjourned until this morning. |
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