The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-09-18
WHETSONE'S TRIAL.
The Defense Produces Strong
Evidence.
The Court Record for the Day = Realty
Transfers and General Cleaning
of Ogden.

The usual throng of spectators filed the
court room yesterday TO witness the pro-
ceedings Of the Milestone trial Judge
Anderson took his seat on the bench
promptly at 10 o'clock and the trial began.
The first witness called was w. S. Hob
son. Witness lived Ia Pocatello; acted as
city marshal and deputy sheriff, and was
formerly deputy United States marshal;
knew deceased and defendant. In July
last year witness and Mcclellan had con-
versation about MILESTONE. During the
conversation the Charles Morris trouble
was referred TO, and Mcclellan said in con-
nection with 1t: II think MILESTONE gave
me little the worst of it, and if get the op-
portunity III kill the --." Two weeks
after be met MILESTONE and told him what
he said.
c. c. Goodwin, United States commits
sioner for Cache county, stated he had
known defendant about five years; had
been intimate and friendly with defendant
whose reputation was good. Witness was
acquainted with the deceased; had
known him about i've years. Me-
Lellan was known well in Logan
and Cache county; his reputation
was bad there. About two years ago
witness and Mcclellan had q conversation
about MILESTONE and in course Of the con-
versation he said al viii have to kill the
- yet.' he was angry when he said il.
About year ago they had another CONVEX
sation in which Mcclellan said then "Whet-
stone has done me dirt III the Morris case
anG q m him win get even with him. y
Mark Fletcher, United States commits
sioner st Logan, who corroborsted the tes-
timony of she former witness.
u. Rapp, an attorney OF Logan, was next
sworn. In 1889 be lived in Ogden and was
employed by Smith s. Smith, attorneys
He remembe the Morris case. After
the trial witness asked Mcclellan why he
didn't keep out of such scrapes and be re-
Piled 1t was MILESTONE that got him into it
and that HE is -, and Will do him up
yet.''
Cross-examined-W Witness and Mcclellan
had always been on the best OF terms.
Harry Reese Of Logan, testified as to
McLellan's character, which he said was
bad.
Thomas Grant of Wellsville, corrobo
rated.
William Brown, constable had acted as
policeman for about four years and had
been sheriff Of Weber county for eighteen
years, also city marshal. Had known
Wetstone twelve years and had always
known him TO be a quiet peaceable citizen
man and his opinion was the general rep
tatlOn OF the man.
examined-McLellan came here
with bad reputation. he came to Ogden
IS pngelest: Witness first saw him in
the old theatre in sparing exhibition.
Thomas D. Dee knew Milestone to be a
quiet, peaceable citizen and Mcclellan ss q
dangerous character.
Moroni Poulter and G. G. Richards test
ified as TO the good character Of Wetstoae
and the reverse of the deceased.
AFTERNOON SESSION.
George W Thatcher of Logan was first
called TO the stand. He is banker and
knows Henry Milestone as q man with
good reputation for peace and quiet.
Fred Turner-Llve at Logan. Am cash
Ter OF Thatcher Bros. bank. Knew McLel-
Ian. Had conversation with Mcclellan
about Milestone. Witness and Whetstone
had had business disagreement and had
sharp words over it. Witness talked with
Mcclellan afterward about the trouble. Nc
Lellan asked witness why he didn't kill
Milestone. Witness said he wouldn't
think Of such thing. Mcclellan said that
he would Kill Milestone some OF these
times. Witness told MILESTONE of the
threat. Knew Milestone and Mcclellan
both. MILESTONE bore a good character,
while Mcclellan had q bad reputation
Cross Witness testified about
general reputation from personal knowI-
edge.
n. w. Crookston-Was sheriff of Cache
county. Have lived there thirty five years.
Mcclellan had shown witness how he would
place himself in an encounter with his
fellow man. Deceased said he would al
ways put his pistol IL the front of his pants
when he expected trouble, and that he
would always turn his left side to the man
snd lay his gun over his left arm McLel-
Ian told witness that he had trouble with
Milestone and would do him up. Had no
use for Milestone. Could do Milestone
either in gun play or with his fist
Cross-Noihing new brought out, al
though the prosecution spent some time in
trying to break down force of evidence.
Re-ol 'act-knew McLellan's reputation
TO be bad while MILESTONE bore good repu-
tation for peace and quiet
Re-cross-Another effort to break down
testimony regarding reputation which
was unsuccessful. Tried TO establish repp-
tation as being that OF q braggadocia-a
hard-talking braggars
Second re-direct-McLellan was expert
with gun.
r. H Crannly-Live in Logan; member
OF the county court; was formerly on Lo-
gan police force; knew Mcclellan and
MILESTONE; heard Mcclellan talk about
MILESTONE: Mcclellan said he had no use
him for something he had done; tnat he
could whip MILESTONE in any way. WIT
ness told MILESTONE what Mcclellan had
said.
Cross-Whetstone when told of the cir
cumstance, said ho mad heard of it.
[ Sheriff Andrew Burt OF Salt Lake County
Been sheriff six years; knew Mcclellan
and MILESTONE; was present at a difficulty
between MILESTONE and Mcclellan a year
ago IN Madden's saloon; were playing
poker and trouble arose between Burt and
Mcclellan. Milestone WAS called to de-
eide question ana decided against McLel-
Ian. Mcclellan got hot and started for
Whetstone and tried 70 pull his gun. Nc
Lellan was stopped by witness ana finally
cooled down. Witness afterward spoke to
Mcclellan about it and Mel. said he had il
So for Milestone. Mcclellan had shown
witness how to stand when in danger or
shooting In close quarters.
Re-cross-Whetstone showed no agita-
ton when Mcclellan started for him: were
apparently friendly before the little fury.
W. b. Studer-Lived in Ogden twenty
four years; knew J. b. Mcclellan for years:
hau conversations with Mcclellan about
MILESTONE. Mcclellan said that he would
cook MILESTONE before he went over the
road (referrink to q little difficulty that
Mcclellan and Milestone were ia some
time before on official bnsiness). Had
heard Mcclellan speak OF Wholesome in a
rough way several times. McLellan's
reputation for peace and quiet was bad
Cross-Nothing new brought out. Some
time spent ir trying to confuse witness.
K. w. Exum-Llve in 9 gden. was deputy
United States marshal in charge here for