The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-09-15
OGDEN.
THURSDAY,
WHETSTONE'S TRIAL.
The Taking of Evidence Has
Begun.
Court Record-Democrati County Convention
Real Estate Transfers and All
the News.

The Whetstone murder trial Is the
absorbing topic of the day in Ogden. Yes
terday morning by the time for the con-
vening of court the room was filed with
attentive spectators.
Marshal Baurnan's gayel fell promptly
at 10 O'Clock and court was in session.
Judge Anderson stated that A. c. Fairly,
one Of the jurors, informed him that his
business affairs in Logan were in such a
shape as to demand his constant attention
and had asked to be excused, he was will
ling he should be If it was satisfactory to
the counsel. The latter objected and the
juror was not excused.
David Evans one of the attorneys for the
defendant desired that the jury view the
interior of the saloon in which the shooting
of McLelland occurred and it's surround
ings.
Two deputies were sworn and they filed
out of the court room with the jurors, re-
turning in about ten minutes.
Attorney Allison opened the case for the
prosecution, aud John Keck was the first
witness called 10 the stand.
He stated he is one of the uroprietors of
the saloon in which the shooting occurred
and is IN partnership with Henry Rabe.
He has resided in Ogden about twelve years
and has been in the saloon business about
one year. He is acquainted with Henry
MILESTONE, has been acquainted with him
since he came to Ogden, and formed the
acquaintance OF Mcclellan about the same
time.
On the night of the tragedy Milestone
and Mcclellan were both in the saloon.
Ogden Riles and Marshal ST. John were
alsU there on the same evening.
Witness went on duty at the saloon at
O'clock in the evening The men were
there then. He did not sec them until
O'clock, but distinguished McLellan's voice
above the others. He was called to the
wine room about S O'clock TO serve drinks.
ST. John came into the saloon ABOUT one
hour later and inquired for Mcclellan.
Witness told him him be was in the wine
room and remained there and witness
thought Henry Steele and MIR. Harricks
went in afteryard. Witness served drinks
and cigars 8 number OF times. Witness
heard MILESTONE tell Ogden Hiles that '.he
(Rilesl had no use for him. or words to
that effect, but did not hear the answer
made by Hiles. Soon after Mcclellan
Jumped up and said sHiles was friend of
his and be did not propose to see him
abused" MILESTONE told him TO sit down
Is be didn't want to have any trouble with
him. that he was better man than he was
and was beeled. Mcclellan then took his
gun out of his pocket and threw it down
and told Milestone he would fight him
anywhere he would suggest but Whet-
stone replied he didn't want to have any
trouble with him. Witness went to the
bar and returned and Mcclellan had his
cost of
Milestone went out of the wine room
and Mcclellan wanted him to come back
and sit down and have another drink but
MILESTONE in sisted they 90 up TO the bar
nd d-ir " with oil
men pretty well under the influence of
liquor excepting st. John. Witness served
more drinks at the wine room and when he
came out WDetstone was standing near the
stove IN the back part of the room. Wit
ness feared more trouble and went back 10
him and insisted Oh milestone going home,
which be refused 10 do stating that he had
taken more than be could stand, or words
to that effect He repeatedly made the
request hut MILESTONE would not go.
While witness was talking to Milestone
Mcclellan came out of the wine room and
walked toward where he was stumbling.
When he was about half way down the
hallway Milestone commanded him to
stop. Witness was looking at Mcclellan
when Milestone spoke. He then turned
around to Milestone AID saw him pull his
gun, as he old this witness jumped out of
the way into wine room and immediately
after the shots were fired. Witness did
not see MILESTONE take his pistol from any
pocket. The next witness saw of Nc
LellRn he was lying down in the hallway
with his head resting on the south parti-
ton. Witness helped St John, Still and
Police Officer Smith carry Mcclellan to the
northeast wine room. Milestone made
his exit through the back door. Witness
did not see any weapon taken from Whet-
stones clutches.
AFTERNOON SESSION.
Mr.. Keck's testimony for the prosecu-
ton closed and the attorneys for the de-
fendsnt began q rigid cross-examination,
but nothing new was brought out
Deputy Marshal St. John was next put
on the stand and his testimony was prac-
ideally the same as that given by the first
witness, only it was not so explicit.
He was undergoing q ross-examinatlon
when the court adjourned last evening
The trial will be continued at 10 o'clock