Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-09-22

.,med before Judge AhueisOh " W
Yesterday morning.
V. williams was callod. Hosmu
,Tye in Salt Lake; am IN the H. u NJ
lane to ogden whom l heard Of the
a,,ung; Mcclellan was my uncie;W"
@h Mcclellan part Of the time after
vss shot; rart Of the time deceased
s,sbty and part OF tbs timo I'M
-,.clo,s; witness believed deceased
=. no, Ia his right mind most OF the
ese after he waa shot.
r,hn G. Williams-I live IN Salt
nt,.am an engineer; Mcclellan mar
IA nv niece; after Mcclellan was
hi he mind seemed more or lees af'
l.,,j; during Monday night Mcclellan
,rsd unconscious Deceased died
T,s,iay morning at ~ o'clock part Of
a.une was taking 10 rambling sort
dvaJ.
lohu kook was looking In tho direc.
s.so, the back door just before the
ao,inq; DID not 500 anybody open the
,,es door at that tlme; would prob
,hly have seen 1t II Il had been opened.
wines. again described his poition
vben talking with Whs,aioue.
Jobn II. Hamner--I live IN Ostonj
i,ep club rooms; never knew Coos;
coE never dealt Ia my club rooms
n.iense moved 10 strike Out the eve
i.rce as being rebutinl ON collateral
-stere only. The motion wae denied
md ,xcupliOn noted.
Nh. Lizzie Mcclellan testified that
arWaa the wife Of J. -. Mcclellan; ON
Monday night at 1850 was with ue-
rased; slep, up to l;4l, then went into
h,fopm and sat bcrite hes husband
nil ln,m.; Mcclellan never biOke IA
vrtd uur!ug that time either 20 wit
te.s or Peter0u, the muse.
JudRo Mncmillcn opened the nrgu.
msntt In behalf OF the prosecution. he
aid In substance. l believe that thu
6rtthing that / ought 10 DO is 10 con-
.aiuintu You that this tFiul II now
dmwipg 10 a clorr. You VIII an rccOl.
rrtnat Il docs not mattel 10 you what
bss btrn said on TIT outside, nut that
yol Will Ice guided by Tie rvi-
Deuce under instructions OF the court.
me- eyes Of the whole Territory Of
U,ah nfu lufntu toward sou anu they
viii watch with earneHtnets tor the
yppllct YOU win render. First anu
lormsu Mr.. hrck was Ia the stand
whl gave yuu "a lucid description Of
the occurrence. We iiud that ON that
unfortunate night Mcclellan WAS iu
the wine room VI that saloon, Mr.
Wh,,stUne WIS there, Mt. Hiles ana
Mr.. 81. John were there. the deien.
dAnt WIS not afraid 90 Mcclellan.
During all The time Mcclellan was
throwing his pistol abouttne room, the
defendant pAid no attention 10 him.
He directed his remarks 10 Mr.. Hiic3.
McLelldn made no threats, but we
admit that challenges were made.
When Milestone said: "Mac, you
are a better man thnn am, 1 m mol
h,ulti,p Mcclellan, like big lool,
threw down his gun aud said 10 would
nol take advantage OF him, lsu't II iucl
hst had whetsione went homo when
he went out OF tue saloon no would
not have teen here to-day,
and you would not have hgd this un'
geatanI duty 10 periormg He claimt
he went out Tor that Iur 0St
w uA AAAhAAANh hEAAh W hAA' HANNNAAl
Mcclellan walked d wn the hallway
With his hsHdB hanging by his sidt
and when the defendant criud "Stop
Mac, stoIW he inetautaneOuaiy fired
Nov srli-deienHe n a necessity, hut Il
h not always necessary 10 take the NJ,
ola human being. Whom Mcclellan
Maie II ~ annoying 10 him 10y his %
noKlous language and conduct why
L.. 80
hin a. d put him under bonds ~ keel
The peace? He went into tho bRci
alley to secure gun. a shot wa
heard but whether no fired It or no
heand God Almighty only know. rh'
next plaza we mud him ~ 10 IN tn,
back room Of Kecl's. You have bn
one duty 10 perform aud that Ia I,
BRING In this defendant guilty OF muir
deE IN the first degree, Lot US analyzt
IL lie stood there Wrapped In his owl
moody thought and refused 20 ovei
peak 10 his irienda. Defendant say
INT ifstsel had asked him TO go HON,
ne would have gone. steele testihc,
mat no esked him twice TO 60 but al
iiused. We iind him m the rear allol
sfing for gun. lie sent Two friend
Iolnd 70 a saloon promising 4
4 ethtIe himself. We eau infer iron
Mrso iacts ana circumstances why Do
A ssn' there. Why ~ the name Of Get
eiu ne not go home after no had gOttsl
i na coat, shoes ana piston lie may b
yRamu mum as ever stood on God
oobiool physically, but morally he 10
eoNafi' He would rather be called
mltlefer than DO Calleu q coward. "
nhosi admits II IN his own testimony
hAa he not licked this courage Il
sggli new have been AT home happ
vita HIS wife.
mere counsel quoted certain test
Syuy relating 10 the story told by IN
dupellves.
me drien5e olJ ec'ei TO the testimou
uot being Ia the record. The coul
u'neied u transcribed, aud Judge Ma,
IIlan' turning 10 Mr. Rogers sale
never quote testimony thar Is not !
,oN9t' Hogers-'rIi It ia iu Tho recor
W guy you the prolilest silk hnt 10
Suuge Macmillan--"rhank you,
@ puy my own silk hats. [, how
NJ, appreciate your generosity"
M ~ iN1sefh-"l wish could say
wy Generous"
Nqesnt At lenst.D ~ "
lutLD '''Sh--l seek 10 I
,' S,lSunsel continued to analyze IL
dt',l '9ny TO show that Whetstnns M
hms .I On Tie trouble and prepare
h im,n,..9 meet ~ that his lie was n,
ma.. ulellaIe danger; that he shot a
a1lon simultaneously after calm
sNp Mac. - h,fpu. 81. t.t