The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-09-17
WHETSTONE'S TRIAL.
The Evidence Favorable for an
Acquittal.
The Court Record = Realty Transfers =
General Gieanings of the
Junction City.

General Gfeanings of the
Junction City.
The milestone trial was resumed as
usual before Judge Anderson yesterday
morning. The attendance of spectators
was as large as on previous days, who
elected much interest in Its progress.
Sergeant Smith, who testified the pre-
wious day, was recalled. In answer to an
interrogation of the defendants attorney
he stated that after taking the pistol from
Milestone he had it for about five minutes
and gave it to MIR. Keck.
Dr. w. d. Springer who was called to
attend to the wounds Of McLellen. was
sworn and testified When he arrived he
found the deceased lying on the floor with
the sleeve of his coat ripped open. He
found q bullet wound on the left arm,
about an inch and half from the shoulder.
The bullet passed through the arm, struck
the second rib, turned downward and
grszed the third rib and passed into the
chest cavity. The bullet then passed
upward through the upper portion
of the left lung and the middle
lobe of the right lung and lodged
in the plural cavity on the right SIDE VIII
ness attended Mcclellan until he died the
following Sunday morning. When he ar
rived at the scene Mcclellan was lying on
his back; he probed for the bullet, but the
probe would not enter tbs wound until the
arm was raised.
Re- cross-When Mcclellan was shot he
was standing with the arm raised.
DR.. j. :. GOrkon was next called. He
examined the wound on the night of
March 5.
James e. HoWocks was next called and
sworn. Knew both defendant and the de-
ceased. Saw defendant in Shurtliff's sa-
loon about 10 80 o'clock. When he entered
Milestone was talking to Henry Steele,
aud overheard him ask Steele TO so around
to Keck's saloon. Milestone also asked
him ana he and Steele went together. They
first went to the bar and then to the wine
room. which was occupied by Mcclellan,
Hlles and St John. About ten minutes
after he entered the room he beard a shot
tired. Before the shot was fred Mcclellan
left the room.
The deposition of George Stetson who is
nov in Oregon. was read, but nothing new
was brought out in il.
The deposition of Ogden lilies was also
taken.
Sheriff G. r. Beinap was put on the stand
and recognized the pistol which Milestone
used on the fatal night as being his own
and remembered loaning it to the defend
ant about four months previous TO the
shooting. When he recovered the gun after
the shooting there were two empty shells
in it.
Cross nined-Witness loaned the gun
to Milestone while he was acting as deputy
sheriff under him as they were both going
10 the depUt to make an arrest
AFTERNOON SESSION.
Upon converting in the afternoon the de-
position of H. H. Geiger, formerly police
officer of Ogden city, was read. Geiger was
by McLellan's side Immediately after he
fell and heard Mcclellan say: my God
My God Milestone has murdered mel''
Geiger rushed out of the front door of the
saloon to find Milestone, but was not pres
ent when MILESTONE was arrested.
When the reading of this deposition was
finished, the prosecution rested and The de-
Tense called Judge II. p. Henderson.
Judge Henderson testified that the de-
fendsnt was an officer of the First district
court when the witness was presiding
judge of the district. He testified to the
good character of Milestone, but when
asked regarding NlcLellan's reputation for
peace and quiet, District Attorney Allison
was on his feet in an instant, Directing to
the introduction of evidence tending to
show reputation bad in the community
and argued strongly against the introduc-
ton of such evidence, citing several decis-
ions 10 show that the character of the de-
ceased could not be brought into question
unless ii was TO show that the defendant
was attacked.
Attorney Evans for the defense replied
TO the arguments of the prosecution. He
was interrupted by the court who decided
that the evidence might be admitted.
Witness replied the deceased had had a
reputation for peace and quiet in the COM
munity. Witness had seen deceased show
how he would act If about TO encounter
feilow-man in deadly conflict. Had seen
the exhibition more than once and de-
scribed TO the jury how Mcclellan would
stand He would place his pistol in his
waist band under his pantalo0nS ready to
pull it, and place il on his left arm and use
his left arm as a rest TO steady his aim
Characterization dealt mainly on the
question OF the reputation of the deceased
and the witness was examined very closely
and also as to Whetstone's reputation
Testimony the same SIS on direct examlna-
tion-
Arthur Pratt called-Live in Salt Lake:
an territorial auditor; was formerly
United States deputy marshal in charge OF
Ogden district; was intimate with the de-
ceased and was acquainted with his repu-
tation for peace and quiet; reputation in
Ogden and Provo was uac; also acquainted
Intimately with MILESTONE: his reputation
was good; reputation for truth and verac-
ity OF deceased bad.
Cross-Whetstone ought to have known
McLellan's reputation for truth and YER
Rcity and peace and quiet; knew Mcclellan
for fourteen years; his reputation was also
that he was man OF bragAdocio and mean
ingsess bravado.
Bowman Cannon-Live in Salt Lake:
deputy United States marshal for sixteen
years; mostly in Salt Lake. Known Henry
milestone ever since 1856 quite intimately.
Never heard Whetstoneis reputation for
quiet and order questioned. Also knew
Mcclellan well; saw Mcclellan in Salt Lake
city and talked TO him prior TO last
years spring election: conversation was
on election; Whetstone's name came
up and Mcclellan said: ssWhetstone Is a
s. b., aud IL il he ever bats an eye at me-
I'll make him bite the dust" Don't know
about McLellan's reputation.
Cross-I sent word to MILESTONE about
this threat by Mr. Bassett.1 Afterwards
talked with Whetstcne aboat the matter
W. .. Norrel-Liye in Provo. Am dep
uty United States marshal. Acquainted
with Milestone since 1885, knew Mel ell
Ian well since 1887. Had conversation with
Mcclellan about Milestone in Salt Lake.
about in June, 1881. Mcclellan called
Milestone S. b.. Witness asked Mel.
what maze him talk that way about Whet-
stone. Mcclellan said that Whetstone was
no good snd if he ever crossed his path he
would do him up, or words to thar effect.
Cross-Nas well acquainted with Nc
Lellan. Was surprised to hear Mcclellan
talk about Milestone that way Trouble
sometime between May and August, 1891.
re .direct-Told MILESTONE Of this threat
Charles n. Redfeld-Live in Provo for
II