The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-03-16
OGDEN.
WEDNESDAY. Marc,
THE MILESTONE HEARING.
Jumped From Moving Train-Desperado
Browns Futile EfFort-To La Plata.

Mcclellan. was begun shortly after 10 o'clock
yesterday morning before United States Com
missioner A. c. Bishop. District Attorney c.
S. Variap appeared for the prosecution and
Evans s. Rogers for the defendant. milestone
looked pale and distressed as ne sat beside his
attorneys during the proceedings. Mrs. Whet-
stone and number Of lady sympauhiZers sat
back OF the prosecuting attorney. She, too
looked pale and worried, and her devotion to
her husband is marked by the manner in which
she shares in his troubles. She surely is de-
serving of pity.
w. f. ST. John was the first witness called.
de was sworn, and said in substance: reside
in Ogden and am United States deputy mar
shall / knew Mcclellan and am acquainted
with Milestone, the defendant. 1 know OF the
saloon of Keck & Robe on Washington avenue
was in the saloon on the 5th of March. Went
in there first about twenty minutes of o'clock.
There are wine rooms in the rear OF the saloon.
was in one OF them on that evening, on the
south side of the passageway that leads be-
tween them. When went there l found Nc
Lellan, Ogden Hiles and Mr.. Milestone. They
were Ia king about various affairs and drinking
some. was in the saloon when the shooting
took place. i went to see Mcclellan, ana when
l went 10 the door they invited me in. They
were talking about politics principally. We
had a round of drinks. and Mr.. milestone
accused himself of doing H.les some injury
After little milestone charged Hiles of doing
him some injury al certain time in the First
district court room. McLGlldQ raised 10 MS
feet and hit the table with his fist in rage, and
said: Il be Cd ID if anyone can insult
Hiles.' as he had not done him (Whetstone),
any injury, and that he was his friend and at
tOrney. Milestone was very quiet and said
that he was not prepared TO quarrel McLel-
Ian pulled of his coat and threw ii down in the
corner OF the room. He threw his gun down
also and picked IL up. After little Whet-
stone said there was something wrong and said
he guessed he would 60 AS he went out OF the
room, he turned and addressed Mcclellan, and
and nj will ca Won in q az
gone, Mcclellan said, Il wonder If he will come
back" and Mr.. Hiles told him he thought he
would not and believe Mr.. Keck told him the
same. ] heard the pistol shot ana heard Nc
Lellan fall. 1 ran out and found him lying on
the floor with his head pointing to the east. did
not see Milestone, and kneeed by his side
and asked him what was the matter and he
said: milestone has murdered me-" and
what did he DO is for?n l called for assistance
TO carry hun into wine room. L felt for his
gun ana found II by MS stomach, beneath his
garments. 1 foundtwo chambers empty, and
examined it TO see if il had been fired shortly
previous. They were quite rusty showing that
they had been fired sometime before. After
the shooting saw Mr. keck and Mr.. Steele in
the room back of the store in the back part of
the room. Milestone was not there.
Mcclellan was kept in the wine room until
daylight. Drs. Gordon and Springer were
called in. ana about o'clock DR.. Adams was
called IN 10 consult. l was present during
portion Of the time in which the statement was
taken. Mr. Allison did the writing and IL was
signed in the presence Of several Witnesses.
OR s-eXaminaton-They lilies. Milestone
and McI4sllan) were more of less intoxicated. I
thought MI. Hiles was intoxicated the most of
any. and that Milestone was worse than Nc
LcIlan. ! was in the saloon for about two
hours chatting. but no one was playing cards.
The general course of the conversation
seemed 10 run on politics. Six or seven rounds
OF drinks and cigars were taken before the
tro lbIe began. Hiles denied any knowledge of
Milestone having done him some injury.
milestone persisted that he had and
was sorry Of it. Mcclellan said there
was no injury done and there was no
occasion for trouble, and the matter
was finally settled bp taking another round Of
drinks, and then IL was dropped altogether.
When milestone said he wasn't heeied
Mcclellan tossed his pistol TO the corner of the
room. When Mcclellan pulled his coat he told
MILESTONE he would give him any kind of a
game he wanted; he wanted to be fair with him.
IN the meantime W hetSlone was seated quietly.
A recess was taken here until 80 O'Clock in
the afternoon.
AFTERNOON SESSION.
The hearing was resumed promptly at the
appointed hour with St. John still on the stand.
a saw Mcclellan leave the wine room once be-
fore the shooting took place. about three-quar-
tiers of an hour before. When Mcclellan went
into the saloon and talked few moments and
then walked bhck into the passage way between
the wine rooms. He was walking rather fast
and l die not see him stop at the wine room
door. Almost Immediately after he had gone
backward the shot was fired. L did not hear
either McLell an or Milestone speak at that
tire or Immediately prior to it. The fatal trouble
occurred about thirty minutes after MILESTONE
had left the wine room. do not remember of
milestone saying TO Hiles, mo man can talk to
me as you have done" but the remark There
is no use making rev about this" was made
curing the quarrel. I think Hlles was the
party who said il. 1 did not hear milestone
say anything about Marshal Bowman, nor did
he tell Hiles, 81 will see you when we are alone
and settle this" Later the witness stated that
he did recOllect that he would see Hiles some
other time when Mcclellan said with consider
able rage, No, you'll see Hiles right here to
which milestone said, mo, I prefer not and
he said at the close of the quarrel that If he
was wrong he was willing TO apologize did
not say that McLellan's finger was worth all Of
Nhetstores body; have always been an equal
friend OF both. Mcclellan put his pistol in his
pocket before MILESTONE went out took seat
so that he could have O commanding view of
the doorway and saloon.
On re direct examination. the witness stated
Mcclellan was very forcible and profane man
and at the time of the shooting all were more
sober than al the time the quarrel occurred.
The next witness called to the stand was
JOHN KICK,
one Of the proprietors Of the saloon in which
the sad affair took place, who testified to the
scene between Mcclellan and MILESTONE and
then rroceeded: milestone told Mcclellan he
did not want to have any trouble. l then told
Mcclellan myself that didn't want any trouble
in my saloon. Matters quieted down then and
] went behind the bar. Shortly after Whet-
stone left the saloon Steele and Stetson came
in and ent into the wine room. 1 went back
through the hallway and saw MILESTONE and
Stetson standing by the stove back OF the wine
room. milestone had an oyercoat on and was
standing with his hands by his side. 1 went TO
MILESTONE and asked him to go home He re-
fused 10 90 and said he had been insulted and
that he could not stand il. / persisted in get
ting milestone to go home, but could not in
duce him 10 do So went back TO the bar only
remained a few moments and then went back
10 MILESTONE 1 told Steele Milestone and
Mcclellan had had some trouble and he (Steele)
tried to get MILESTONE to go home: then saw
Mcclellan come down the hall milestone was
standing almost between steele and myself. /
turned my head and saw Mcclellan standing at
the east end OF the hallway. He looked east
and then started wesL down the hallway. He
milestone SAID TO him: Mcclellan,
stop. The shot was fired almost i'm,
mediately after the words were uttered
was looking at Milestone when the gun was
pulled, but il was quick 1 hadn't time to
stop him. 1 heard Mcclellan say something
but could not understand what IL was helped
pick him up and carry him to the vest
corner o. the wine room. 1 heard on one
shot that night. Mcclellan seemed nix
at first but gradusllY sobered up. Int
WhetstoEe was quite under the j. of
liquor.
The cross examination was very extended.
and no new points Of special interest were
brought cut
DR.. ]. s. GORDON
was next called. was called to attend to Nc
Dellan shortly after the shooting. The bullet
entered the left arm about three inches below
the top of the shoulder. The ball ranged in
ward between the second and third ribs down.
ward through the upper lobe of the left lung
into the back bone at the fifth dorsal proiec-
ton. fracturing the fifth right rib.
Cross Examination-A probe would not enter
the wound when the arm was down, it had to
be raised to about 60 degrees.
DIR. W. d. SPRINGER
was called and testified, in substance. the same
as the preceding witness