Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-09-17

~ .,,reoua charge Of numbering
n,v Marshal Mcclellan, was re-
WI WI The same counsel appearing "a
,es previous days. There was
go crowd Of spectators present.
N. w. d. Springer, one Of inc
,,,iclaus who attended Mcclellan,
W called. lie said he was summoned
.,amine Mcclellan. When he mr.
Ia the deceased WIS lying on the
..,vilh the alcuvo Of. his cost ripped
=, He found a bullet wound on
~. l.f, arm, about an inch aud hall
-, tho shoulder. The bullet passed
.,,ngh the arm, struck the second
deaeoted downward and struck
~ ,pird rib, passing into the chest
.vity. It then passed through the
.,r,r norton OF the left lung, below
fourth dorsal through the middle
nse Of the right lung aud lodged IN
ne plural cavity on the right eide.
us attended Mcclellan until he died
an I'M, following Tuesday morning
The immediate cause Of death was
I'M the injuries received from inc
bullet.
Or. J. $. Gordon said on the. 9th
March he was rallei to attend McLeI-
ian. He found deceased lying on the
aoor Of the wine room in heoK q
Rabies saloon. Examined the BODY
and found wound on the lef- arm
three inches from tro top OF tue
shoulder. The bullet passed through
The muscle In the arm IA front OF TIC
bone, la his opinion Mcclellan ul.u
nom the effects Of tho wounds.
James Il. Horrocks knew both dc.
nndant and Mcclellan. On the night
Of the aillmy he saw the defendant IN
Bburtliii's saloon about hHli.past ten
o'clock. when he entered Whehtono
was talking TO Henry steele and he
overheard him ask Steele 10 no around
10 Kcck & Rabies saloon; Whotstone
also asked him to 30 around TO the
saloon; he and Steele went together.
They iirst went to the bar aud then TO
the wine room which was occupied by
Mcclellan, Hiles and 81. John. About
ten minutes after he entered the room
be heard shot hred. Shortly before
the shot WAS fired Mcclellan leit the
loom. During the time he was In the
vine room he heard no voices. After
hearing the shot he went out and on
entering the northwest wine room lac
found Mcclellan lying on the Moor,
while 81. John, Mr.. Keck and Steele
were attending to him.
Cross.examined-While he was In
the room Mcclellan cried; "Ogden
Hlles, Ogden Hiles, Whetstone shot
me, MILESTONE shot me-"
The deposition OF George Stetson, a
deputy constable, who Is now In the
State Of Oregon, was read to the court.
He went no TO MILESTONE and asked
him TO 20 home. He told him he was
full aud defendant replied; "Nee, l
guess am" AS he returned along
the hallway TO the front Of the saloon
he met Mcclellan standing at the door
Of tho wine room. Mcclellan asked
him 10 remain and 20 back with him,
a. there was likely to DO some trouble.
Slelson said, 81 would not have any
trouble II was In your place." aud
Mcclellan replied. al do not want any
trouble, but II 1t Is forced upon mt |
will not get the worst OF It," Shortly
after he heard pistol shot.
The deposition Of Ogden Hllos was
read. II outlined the alteration that
took place between defendant and Me-
Lsllsn In the wine room, also the
the shooting which followed.
Sheriff Belnap Identified the gun
MILESTONE used on the night OF the
Array IA his own; remembered lOaning
u TO The defendant about four month";
tei0fe the shooting. when he 70.
nHAU atHN Nk..W.
were two empty chambers md four
loaded ones. During the time the gun
VA In his pos essOn the cartridges
were In 10 way disturbed, anu were
exactly In the same condition nv when
BE- received them; could not tell what
he indeniures Ia the ahells had been
eluted by, hut wasgure that they had
hoI been caused by an attempt 10 dis
charge them.
The deposition Of IL. IL. Gelger
formerly police officer IN Ogden, wa,
RAD. HIS deposition was cOTrobOfg
we OF The evidence given by Ser
seant Smith and others.
Tbs closed the testimony OF the
Persecution.
meas Judge II. i. Henderson. II,
+ai" y - w AAAAN NklAt ANA lNHA INV
!,a's, 90 peaceful, quiet citizen. h,
As' Knew Mcclellan in his life time
any was more intimately acquainted
WIN him than with Milestone. "hil
ehghcicr WIS bad." On several oc
s,slons witness had seen the deceased
g,monsttnte how no wOu III conduct
ainseli and what position he woulu
axe up should he be Ina close quarter.
WIN an Antagonist.
REORGANIZATION 49, Mcclellan also
u mat The weglon should he placed
VA lhe hrm when shooting. 10 q
great extont McLellan's reputation
~ tucll that people paid no attention
nave "a lot Of braggadocioD and idl,
lAlk With him; was chanronble IN
a'uIe' Whvlhlono'l reputation wa
SHOWN genetally as being quiet and
NseiYod. Witness based hls opiuior
snolly On tho fact that he Ind novel
Toned. 'Ni"'"'iV" 9"'n
Arthur Pratt, Territorial auditor
suhed that in 1890 ho had ohargs q
we Ogden district as a deputv mar
sual; Wasvery Intimate with the de
uWAsedi knew his reputation botl, IA
oslen and Provo ana il was recog
nlleu Us bad. He also knew me de
bls a apu knew his reputation IL
ouIs, community ~ being that OF
tee,s1 snu peaceful citizen. The de
ye,'ai, reputation for truth an,
"rnoNy WEB known 40 had.
REORGANIZATION - Witnesq snI,
decs, "e placed cry little reliance II
Vens,oi n 'ot Veraclly. Mcclellan wn
man aI recognized rs courageou
bm~1as,'," uuth he was somewhat Of