Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-09-19
NEARING THE END,
Ihs Trial Of EI-Dspuly Marshal
milestone Eay Finish Wednesday.
,ar .ReunrNrs TOMORROW
81. case Expected to Go TO the
Grand Jury o. on "'dn'''
day Night
THE aReusfNrs ro.nonRow.

The trial Of Henry Nho'H'pno wa
nm,d In the district court ut Ogden
~ saturday morning. Tue court room
.as again crowded
40 ! Hobson was the fret witness
III He said. live in Pocatelio
.ad have acted ~ city marshal NM
ssruty sheriff; was formerly, for iVe
s.,ts. a deputy United Smtes mnrshaii
Nv the dec Ased and defendants had
,soop them Tor . long time; In July,
,.syear. aud Mcclellan had q con
,.,.atlon about wheptouoi tho Norris
able was referred to, anu III oonnvo-
ri with e Mcclellan eaidi 81 thluk
vnststone gave me little the wors!
an. and n get the opportunity III
I'M the--;n two or three weeks
.e.,eard. met MILESTONE aud told
hln what Mcclellan said.
&C. Goodwin, United s,ates COM
ul.,lonor, Cache county, uuXs took
nssnnd. have known the defend
,,t,or about Ave years, and had been
ultimate and friendly with him; his
rpp,a.lon Ia good, 1 was also ao'
saaintei with deceased, and had
tpownhlm about Ave years; 10 Logan
and Cache county Mcclellan was
lnown, and there his reputation was
lad; about two years ago and Me-
Leliau had n conversation about Whet'
,iepe and In the cource OF this talk MO
Lellen said: al will have TO kill the
- yeti" he was angy when no
aid Il. the same day l communicated
tho threat TO Defendant; about a year
aeo We had another conversation In
witch Mcclellan said: "Whetsione
bas done me dirty IN tho Norris case,
and - him viii get even with
bltn.D the neXt limo / met defendant
Hold MIN what he said.
Cfosa.examinaiion-- Witness stated
that he had told tho truth whom no
AID MoI.ellAna reputation was bai,
buthe did not wish to speak har5hly Of
mo man because he was dead.
Mark Fletcher, United states com
missioner ut Logan, was then ewotn.
He said; About hve years ago be-
cane acquainted with tho defendant
and deceasel; two years ago this month
Mcclellan had q conversation with mt
regarding WhetstOne; that Day had
Teen out on business with defendant
and upon telling Mcclellan this, he
AID, If would not have gone with
the -;n deceased further used
abusive language towards defendant
and spoke about MILESTONE doing him
and remarked, III will ret him up
yri;,i on another occasion In tho old
count house In Ogden Mcclellan, In a
ft Of anger, drew out hts revolver and
placing Il on his arm, exclaimed 10 me,
referring 10 milestone, 81 will DO up
the - YETI" | told milestone OF
the threats Mcclellan had made.
V. Rapp, attorney, Logan, was next
sworn. lie Gaid; In 1850 | was Iesld.
iDg In Ogden and was employed 10y
the hrm oil Smith q smith, attorneys;
/ remember the trial OF what was
known as tho "Morrls blacEtnaillng
oaseyb after the trial had n
conversation with Mcclellan; IN the
course Of tho conversation 1 inciden'
tally nskad why he did not behave
himself and keep out Of such aoraper,
anu Mcclellan replied; at was
Milestone who got me into the scrape
and | will Kill the for II yet,
though have to 20 to h. the next
minute Tor it.D
Dr. Darlington, United States com.
missioner, OF Brigham City, testihed
hAt he had known Mcclellan since
1871. The Saturday prior 10 the shoot
lug had talk with Mcclellan; de.
ceased said, "Whats the matter with
Iulllng old snow this morning." upon
my inquiTing about MILESTONE, AIc,
Ltllan said, chs IL A., anu 1
vii do him up yet"
Henry Reose OF Logan had known
Mcclellan about Royon years, aud de-
lghdant lor about five years. In the
lAn Of 1880, ~ ! vas returning to
Logan from the races, | was driving n
hack and Mcclellan WIS riding In u
busy; Mcclellan whipped up his
hohe and tried to pass me;
whe,ttone grabbed the linos; MoLel.
AN struck him In the mouth and
MILESTONE struck back; in theevening
q The rear Of the Logan House | saw
Mcclellan throw his gun on Mhetstone
lid exclaim, 'Siou----, 1--we u mind to
doyou up right now;p Whetstono re-
lhed, "Algo, donit 10 that; put your
Nnup," defendant then left aud Me.
Lellan again remarked, M he twirled
gun In his hand, III would like 20
re - get the better Of me; | will
% him up yet" WhitstOno, when
aegun was thrown on him, was re-.
ueiIing from Mcclellan and motionng
gun.
Thomas Grant, welhslIe, Cnche
W%lnlyi knew both the deceased anu
NltAlone. Last year, In Ogden,
vsl lal6 with Mcclellan; be askod IL
nh'ulono had paid ms for the horse
Nv aud ugon my replying In the
assauve, Mcclellan sgid, &c.
u'm, III have 20 xiii him yet; IN do
!he ---i" When Mcclellan made
angfy.
~ illlam Brown, captain OF police Ia
gsuen, said ho had acted as policeman
ABOUT four years; had been Bherill
a, W,s county for eighteen years, also
~ mafshal; had known Nhc,stone
euOut Twelve years, and had always
ag"h MIN nsa quiet, pegceahlu ciil-
~ knew Mcclellan as dangerous,
uu's NTH, aud that was his
pnelhl reputation.
Al lua''e4Amined-McLellnu came 10
w country with n lad reputation; no
se 70 Ogden 20 q pugiiist and the
~, ume ! saw him WYa ia tho old
,rH,n,e parliclpating 10 sparring
dt.lsuiuoni | considered him a hull.
wto ~ An1 great buffer, ami man