The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-03-16

was in the saloon the night of the shooting,
saw that Milestone was full and tried to get
him to go home. Mcclellan told me to stay in
the saloon as there was likely to be trouble.
He told me he had resigned the marshalship
that day.
Cross examination-when first saw Whet-
stone he was standing at the northwest of the
stove.
H E. STEELE.
constable, was next called and testified: 1
know all the parties concerned. Went into the
saloon with James E. Horrocks about II o'clock
and heard talking in the wine rooms. heard
Mr.. keck talking to Mr.. Milestone and tell
him to 60 home.
Cross examination-Atter Mcclellan fell he
called for Hfles. McClellan's pistol was found
IN front beneath his pants. jumped behind
the stove when the shot was fired, as expected
return from Mcclellan.
JAMES E. HoRRocKs
testified he saw Mcclellan in the wine room
ABOUT nVe minutes before the affair took place.
SHERIFF BELNAP
next took the stand and identified the pistol
nsed by the defendant as belonging to him.
Milestone was deputy sheriff and had Dor
rowed it about two months previous.
REUBEN EGGLEsToN
was next called. Am night bartender at Shurt-
lifts saloon. milestone came IL about twenty
minutes before the shooting and ASKED for a
gun. told him hadn't any. MILESTONE went
into a side room, stayed few minutes and came
out again. Heard shot about i've minutes
after milestone went out.
POLICEMAN SMITH
was next called. / was on duty the night of the
shooting. Heard report like pistol shot
while standing on the corner of Twenty-fourth
street anc Washington avenue. l ran back TO
the alley in rear Of Shurtlif's saloon and saw
five or six persons standing there. 1 saw
another man farther south, and when l ap-
preached him. found it to be MILESTONE. l said
N hats fln11a hro nd hot n
he replied: $50 dbl am looking to see who
fired it, That was six or eight minutes pre-
vious to the shooting. L went into the saloon
and saw Mcclellan in the wine room and asked
of the trouble, but said it was all over and
he didn't want any trouble. When
left the alley MILESTONE walked to
the rear door of keck's saloon. | walked
around to Washington avenue and into the sa-
LOGON and talked with Mcclellan again. Heard
no remarks from either until after the shot,
when Mcclellan said, MY God, he's shot me. .
McLellan's vest was unbottoned, except be-
lieve, the last button, and his pistol was stuck
in his pants in 'front.'
L. W. ToCKET,
patrolman, recognized the revolver used by
Milestone. @
POLICE OFFICER FRANK MITCHELL
was next called. Was looking through the
window of the saloon when the shooting took
place. Officer Geiger and myself ran though
the saloon after MILESTONE milestone said,
This is bad affair." We arrested him and
when asked he (Whetstone) gave up his gun.
Patrolman Turner was thers at the time
Went to the city jail with Milestone.
A recess was taken at this juncture until z 80
o'clock
Evening session. Shortly after O'Clock the
milestone hearing was resumed with a small
attendance of spectators present. The prose-
cution presented the dying statement of Nc
Lellan ana offered 1t as evidence. Attorneys
defense raised OhlpntiOnS In IL d.
mitted at this time, After considerable wran-
Cling 1t was admitted as evidence, Mr.. Allison
was present: stated he wrote the statement as
given by Mcclellan after the shooting
Officer II. 81. Giger was called and testified
Heard a shot in the alley behind X ck's saloon
heard Mcclellan speak when he fell He said:
My GOD! my God! my wife, my wife" "Whet-
stone shot me for nothing" st John. =
"Hiles." Geiger's testimony coincided with
that given by smith and Mitchell.
Ogden Hiles was next sworn. He was in the
wine room OF heckS saloon on the night OF
March ), with Mcclellan, and St. John. Whet-
stone came in about 10 o'clock. The CONVEX
sation was pleasant until Milestone made re-
mark that he (Hiles) had insulted him in court
MILESTONE talked about it for some time and
he seemed to grow more excited over it; paid
no particular attention to Milestone until Nc
Lellan took up the matter and pulled his coat;
succeeded in Quieting matters and supposed no
further trouble would happen; saw Mcclellan
carried into the wine room after the shooting,
Witness could not state clearly some OF the
talk that took place.
The p osecution rested here and the defense
called Alfred Peterson, the nurse who attended
Mcclellan until mis- death. His evidence was
brought to contradict the dying statement OF
deceased.
j. b. Winslow was next called He stated
he Is porter at heck's saloon; was there the
night of the shooting; heard Mcclellan say,
THAT s-Of b. (meaning Whetstone) lis az
ter me. Pll get him or give him chance TO
get me" Winslow is colored.
Attorney Narlan gave him q critical cross
examination but was unable to get him con-
fused. 1t was all the court and attorneys could
do at times TO keep from laughing as lie gave his
teftimony in a humorous manner. Night Pa
trolmen Turner and Burton each testified and
an adjournment until 10 o'clock this mornin g
was taken