The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-10-11
IRVINE ON TRIAL
For the Killing of C. 3. Mont
gOmery in May Last.
THE ARRAY or COUNSEL LARGE.
Judge Powers VIII Assist the Defsnss-ons
of the Prosecutions Attorneys Declared
Ineligible Examining Jurors.

LINCOLN, Neb., Oct. 1O--TSpecial teIe-
gram to TIE HERALD. The trial OF Will
liam H. Irvine for the killing Of G. E
Montgomery on May 26, in the Lincoln
hotel dining room, tragedy which shocked
the entire community more than any other
for years, began before Judge Hall, in the
criminal branch of the district court, this
morning. The prominence of the parties
connected with the tragedy. its many pecu-
liar circumstances, and the moral and So
cial questions involved, will all tend to
make one of the NEST
IMPORTANT CRIMINAL TRIALS
ever held in Lincoln
There was large crowd in the court
room at the opening this morning. Not
the ordinary hangers-on, but composed OF
tn best people Of Lincoln. Irvine, the
defendant. was brought In by an officer,
and took his seat with his attorney He
was dressed in neat blEck suit and his
demeanor was in marked contrast to that
at the preliminary examination, when be
was supported to and from tie carriage
and during which ne sat sobbing The
counsel, visits and cheering words Of his
looked more like
THE IRVINE OF OLD,
AS he walked quietly to his scat. The
array OF counsel is large and consists of
some of the best legal talent ever before in
the room. The state is represented by
County Prosecutor Smell, assisted by J. e.
Mccullough, of Indian apolis. and G. w.
hcr 10 he =
Quoted by Judge Powers. of Salt Lake, G.
o. Whedon, Stearns & Strobe, Abbot,
Selick, Lane, and L. w. Billingsly of Lin
coin.
Messrs. f. T. Hiatt, F. E. Gregg aud
Hon. E. b. Critchlow arrived from Salt Lake
this morning and will be present during
the trial.
C. o. Whead0n, of counsel in the de-
Tense, moved an objection to G. NJ Lam
bertson appearing in the prosecution, as H.
June last he was retained by Irvine and
had never been released. Mr.. Abbot tes.
titled that ne (AbbOt) was employed by
the defense on May 20. That he had special
directions from Irvine to employ Lambert
son; that ne met Lam0ertson q few days
after May %, in the court room and asked
him If he would not assist Irvine and he
said he would. MIR. Lambertson entered q
rather vigorous denial of Mr.. Abbots side
of the story. He admitted having q
conversation with Abbot relative
to appearing for the defense,
but made no pledge and received
no retaining fee. There was an elaborate
argument on both sides, when Judge Hall
sustained the objection of the defense, de-
claring Mr.. LambertsoH ineligible to ap-
pear for the prosecu ton.
The county attorney asked that in view
Of the turn of affairs, that an adjournment
be taken until morning. The defense was
willing, if the trial would be taken up, bus
MIR. Smell would not so state, and an obiec-
ton was made. The court sustained it and
ordered the Jury called, and Councilman H.
H. Meyers took the box.
''If your honor please said Mr. Lam
bertson rising to his feet, your decision
has been great surprise to me, and do
not think it is the law. l desire. to submit
authorities by tomorrow morning"
$50 far as the court is concerned re-
piled Judge Hall. ''you may do SO. but 1
desire to say that anticipating this, 1 have
looked up the matter and am convinced
that this is the law
The remainder of the session was occu-
ped in the examination of the prospective
iurymen.
Judge Halls decision denying Attorney
Lambertson the right to appear has Grip
pied the prosecution. 1t is thought posi-
BILE that he may produce authorities tomor-
row justifying a reversal.