Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-09-15
Was He JUSTIFIED?
Tss MILESTONE Murder Case on Trial
at Ogden.
WITNESSES EXAMINED YESTERDAY.
Tho Testimony Thus Far Tends In
Favor Of the Accused.

nsButy Aiarshal MoLelland attracted
slsrrc concours Of spectators In tho
voutlh District court at Ogden ysster-
J.v. judges Anderson prssldea at the
inyeftIgaiion.
Attorney Evans asked that the jurors
4. allowed 10 examine The saloon in
which the shooting was done and the
spund surrounding 1t. This request
vas accedcd TO. ON their return,
Tie hrst witness called was John
yeck, one OF the proprietos OF the
,loon in which the tragedy occurred.
Ne testified. / have livoi in Ogden
,lout twelve years and am In tho
nloon business with Horny Rabe;
arr place Of business 10 2ii3
Washington Avenue; Rm acquainted
with the defendant, Henry Whetslone,
and have known him ever since |
came to the city; knew Mcclellan
about the same time; am acquainted
with Ogden Hiles anu w. +. 81. John;
milestone aud Mcclellan were In the
,aloon on the night OF the shooting;
went on duty ut O'Clock and they
were there then; distinguished Nc
Lelan's voice In one OF the wine
fooms; had occasion TO go TO the wine
room about s O'Clock; they rang the
bell and | responded 10 II about .
O'Clock; Mcclellan, Whatstone and
Hlles were In the room; they called for
drinks and they were served; was In
the room fivo or Hix times aud each
time drinks were served; about 0
O'clock 81. John came in ana asked
for Mcclellan; told him that he was
there: think that afterwards Henry T..
Steele and Mr.. Horrocke went into
the wine room; | heard no dis.
eussion OF an unusual character
until about 1880 or II O'Clock;
shout this time | was called
again 10 serve tho drinks;
when took them in the drinks, the
frst heard was that MILESTONE said
to Hilcs, "you have no uso for me-" or
words TO that effect; could not under,
stand the reply made by Hilts; the
nary was citing around the table In
The wine room; dldn't pay very much
attention to tie conversation uutil Me-
Lelan jumped up and said Mr.. Hiles
was q ffiend Of his aud he wouldn't zoe
him abused; Whotftonc told him 90 sit
down A. no didn't want any trouble; |
went out 10 the bhr and returned ana II
| Tec0llcct, Mcclellan had hia coat off;
MILESTONE told him that lac was bet.
ter man than he and he didn't want
any trouble; Mcclellan then took his
gun out Of his pocket and threw 1t
onto the table and told Milestone
he didn't want n tnho advantage
Of him, hut would fight him In
any manner he desired; Whetslone
said 10 him, you are heated nm
1 am not; he seemed to be- In n pacify.
Ing mood all the time stating he
DIDN'T want any trouble; Hheistone
went out aud they had some discussion
about taking drink; Mcclellan want.
ed MILESTONE to 20 and at do9n
againRnu take drink, but MILESTONE
invited them to step up 10 the bar and
drink; ! went out VI the saloon, aud
when | returned MILESTONE was
gone; don't see where he went 70;
when went back was called back in
10 the wine room to sorve drinks or
cigar, DOM remember which; /
should Judge that they were more or
lea under the influence Of liquor, 10
was not 20 noticeable ON 81. john rs ON
The ieil; when / caWe out Mhets,One
was standing ncat the stove In the back
part Of the saloon; believe George
Sletson was with him; / feared there
might be more trouble and told him
he had better 10 home; lie said
he would not no 10, that no
COULDN'T stand what had been
a0ne; l nsked him to 90 home two
OF Three times; went out to wait
on someone aud went back anu met
hlelson coming out into the main body
0t Tie saloon and found Wheletans
alone near the stove and again / told
nm he Ind better gu home; Steele
cams up 10 him about this time and
asked him TO 30 home; don't recollcc,
whether he made a reply or not: | left
Mcclellan Ia the wine room and while
l was talking 10 Wheistone Mcclellan
lnale his appearance and r saw him
sanding near the wine room door; |
Wllu not zee all the way down the
uhl from where | was standing, hut
NV MsLellan start and come down
me hhll towards us; he had his hands
hanging down by his side; looked at
Pltn until MILESTONE spoke TO him; Nc
Leiian was probably half way down the
nnhI MILESTONE said TO him. "StOp,
Mae!" was looking at Mcclellan
shtn ne spokei turned around to look
a. milestone anu saw him pulling |
I've gun and ~ soon "a I saw it |
JUMPED back and INN odiately after the |
sno's were fired; | didn't soa Whet- |
,pue take his pistol from any pocket; |
ne next saw Of Mcclellan Eo was |
2ing GOWN in tho hull; his head was |
Hmg against the south partition and |
vi, loot was on the step; | went |
~, ~ asslsled In carrying McLs ilan into
W., northwest wine room; st. John,
'e anu Policeman Smith nssisted
~ WhetstOne did not remain hut
ssaapieared out the back door; didn't
soNve any weapon on Mcclellan whom
picked him up; Mcclellan was laid
". ana | lett several with him and
'eul out into the saloon,
,At the afternoon spssIon this taking
rssn o testimony Of John liock was
m, sed' He was asked a question OF
'NS by the prosecution.
Il, ,9as'eShmlned-A man standing
balne saloon could sec through ths
wnNAy into tile back room
sw NY" was located the ftove; 4
WIT. "hels'one and Stetson there
b,s.. caused me to 20 back
an bdn, went on duty At 7 pm;
,S% a Mcclellan and Hiles in one of
tber'. ~. 'oo.msi about 1880 went in
s,yir, hhe nist heard was MILESTONE
would do v nnu no use for Ii Hes, but he
Esuid w. 'uoIe Tor Hiles than lille,
wv w IOI him; nnIhIn, ahnunh