The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-03-17
OGDEN.
WHETSToNE'S EXAMINATION.
More Testimony KIiclted Regarding the Kill
tpe of Deputy Mcclellan.

h1S " Dot'NNJ -ADA@OAAuH'
wearing of MILESTONE was resumed at
O'Clock yesterday morning with small attend
ance Of spectators present. The defense called
H. E. STEELE.
who stated he saw Mcclellan about 10 o. clock on
the morning of the day Of the shooting Mr.
Variau raised objection to the question as
being irrelevent. He supported his objection
by some very for3ible arguments, which was re-
piled to by David Evans by equally as forcbe
words. The court overruled the objection for
the time stating that il was hard TO ascertain
what the forthcoming evidence of the defense
would be, and until it was seen what the evil
oente would be- the witness allowed 10 an
sWer. The witness tated that Mcclellan had
come TO his office on the day after the shooting
ana wanted TO know II there was any chances
for r. celving the appointment of deputy con-
stable, stating that he had resigned the mar
Bha snip. Witness told him he mad all the
deputies he wanted. Mcclellan replied that he
wanted the commission. so as TO be allowed to
carry gun.
JOHN JOHNSON
was the next witness called. rode out to Five
Points with Mel Ian last fall, and he talked
TO me about MILESTONE he stated that on
several occasions Mcclellan had threatened to
do Nhejstuae and Milestone had told wit
ness what Mcclellan had said. He had talked with
Others and asked them TO warn MILESTONE to
be on ms guard Witness retold several of Nc
Lellan'S threat THAT had not been TO 10 Whet-
stone ob!ecteato by yarian, and long dis
cussion came up over the admissability. The
court took the matter under Amusement and
adjourned TO 80 p. N.
IN THE AFTERNOON
On the resumption of proceedings after din
ner Judge bishop ruled that the evidence %.
Jected 10 should be admitted.
COUNTY CORONER MARSHALL h. ALLEN,
first took the stand. He knew both defendant
and the deceased j. B. Mcclellan. Had talked
with Mcclellan on the day before the sh ooting
ana on former days, and knew he had resigned
his office deputy marshal. Mcclellan had
said that he expected TO resign or be discharged
and when free there WIS one s-of a b. in
town he would fix. On the day preceding he
tragedy Mcclellan came into McNultas drug
store, drew his revolver and asked witness for
q cigar, which he received. After that MoLel-
Ian had his gun out showing how he would per-
form with ii IL a shooting scrape. He slippedthe
weapon within his pantaloons in front his vest
being unbuttoned, ana with his side advanced
threw up his left arm. After discussion by
counsel this testimony was Admitted as show.
ing the habits Of the deceased.
Witness continued: McLel ans acts of gun
hourshing in the store seemed to be good
natured. He suggested TO Mcclellan that this
fool-use Of a gun would some time get him into
difficulty.
Varian insisted on striking out all this gun
talk; oyerru. ed.
After an hour of cross-examination Mr.. Var
ian failed z, TO materially weaken the testimony
OF MI Allen, who was LED TO remark that Nc
Lellan was regarded as a dangerous man
Much other testimony was ruled out.
W. R. DYKES
eX-deputy United States marshal was the
next witness. He said Whetstone's reputation
as quiet. peaceable man was good Mcclellan
had shown him how he would stand during
Shooting ARRAY, that is, his left arm raised to
shield the breast and left side advanced.
On re d rect, witness was asked to state what
hcLelan's reputation for truth was. Objection
by Narian and oYerruled. Witness asked to be
allowed not 10 answer, but was told TO do so.
He replied that the deceased did not have q
good reputation for veracliy and truth.
The next witness was Z. w. Exum, also an
ex-deputy United States marshal. He consid-
= cred Mhetstone's reputation for being peace
alb e. quiet citizen was good. Was well &C.
quainted vii Mcclellan, whom he knew had the
reputation Of beng a dangerous and vicious
man. Had talked with various men on the
matter ana gave number of names of men who
considered McLell8ns reputation bad as a
quiet peaceable man. He was FIRE ndly both
10 " milestone and Mel elan. When he became
satisfied of McLellans character he had him
removed him from his office.
CORONER ALLEN
was recalled and stated he ha6eknown Wbet
stone for three years and considered his repu-
tation to be good a quiet. peacable citizen
McLellan's reputation was that of dangerous
violent man.
R. b. CHAMBERS,
formerly on the Ogden police force testified
that the reputation of Whet-t tone for peace and
quiet was good, and McLellan's was the oppo-
This closed the testimony. and al 4:3O Varian
began 10 argue the case and closed the opening
address TO the court at O'Clock.
At the close Of Attorney Variants argument
for The prosecution an adjournment was taken
until 30 p. m.
AT the evening session Of court Attorney
Evans opened the argument for the defense
going over the testimony thoroughly and argu.
ing that Milestone should be admitted to bail
as the evidence cid not show him to be guilty of
murder IN the first degree as charged He was
followed by Attorney Rogers for the defense
who pursued the same line Of argument asking
The court TO fix the degree of the crime and to adj
NIT the defendant TO bail. AT the conclusion of
Rogers argument Attorney Allison was pre-
pairing to close the case when the defense oh
Jected on the ground that Allisoa had not heard
all the evidence. After discussing this subject
Tor few minutes the decision was left TO the
court. who adjourned the hear ng until 10
O clock this morning, taking the point under ad-
Tisement The arguments made were able and
thorough and far more exhaustive than is usual
in preliminary examinations.