The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-09-21

THE DEFENSE RESTS.
yyhetstone's Trial VIII Close
Today.
County Court Froceedings-Re Transfers
General Gleanings and
Other Notes.

Today will, in all probability, close the
Milestone trial, which has been pending
the past ten days before Judge Anderson,
IN the Fourth district court.
The defense closed the case as far as it is
concerned yesterday afternoon. and this
morning the prosecution will offer several
witnesses for the purpose Of rebutJal, and
the arguments of the legal talent who have
conducted the case, after which the case
will be submitted to the jury for verdict
In all due respect TO the attorneys for the
prosecution, who have made strong fight
no better could have been made under
the circumstances--the defense seem to
have the best of it, ard the general opinion
prevails that the jury viii in all probability
be out but short time to bring in verdict
OF acquittal Some of course are of the
opinion the defendant will not get entirely
free. but the jury will bring in verdict of
manslaughter and light sentence given.
Court began yesterday promptly AT 1925.
The court room was jammed with specta-
tors. among whom were q large number OF
ladies.
The prosecution placed on the stand Ed
ward G. Curry, who testified as TO the
truth and veracity of Winslow, the colored
porter. which he stated was bad He had
been sent here to testify ia the case by the
chief Of detectives in Denver
The defendant then took the stand and
testified IN his own behalf:
/ Quit The marshRls force on account of
Mcclellan; l feared him We were all sup
posed TO work in conjunction with each
other; went to the saloon on the evening OF
the difficulty between and O'clock: went
IL alone. was in very poor health at the
time; was suffering with rheumatism all
winter; my physical condition was weak.
Don't remember whom saw IN the saloon;
went in the front door and walked back to
the rear; stopped and saw the crowd that
was then playing cards; took my OVercoat
off and hung it up; took my overshoes of;
removed my pistol from my hip pocket TO
to my overcoat pocket; carried my pistol
ii a scabbsrd in my right pocket;
had been carrying il two or three
weeks; obtained it from Sheriff Belnap;
only let one party have il, MIR. LocKett II
was loaded when obtained it. Received
it back from MIR. Lockett l think about
two weeks after obtained it.
Mr.. Evans then produced the cartridges
that had been offered in evidence, and
asked the witness how the fluctuations on
them occurred.
Witness couldn't say how they occurred
Witness tired the pistol of at his house
couple Of days before the affray. Did not
reload the chamber Hung my overcoaJ
up 80 Is 10 EO W but GlCbCl. w 161 HlkueSS
came out did not take the pistol out of IL
Spoke 10 MIR. Hiles when | came out Hiles
wanted me to drink at the bar MIR. Nc
Lellsn wanted us TO go into the wine room
and sit down, which we did. We COM
menced talking. Mcclellan spoke of his
being discharged from the marshars force
and of having it in for someone, and he was
going TO get even with them. Mcclellan
would not mention any names. ST.
John came in after we had been
in the wine room for some time
Mcclellan die not talk IN that manner after
st. john came in. Later in the evening
MIR. Hiles directed his remarks TO me- l
said to him ! was glad we were better
friendt than we used to be; l had not
treated him right st one time, which did
unthoughtediy at the time The injury was
in regard TO going on note with him. l
told him he had hurt my feelings at one
time by asking luryman about me; | was
always anxious to know what he meant by
it, he replied that he didn't mean anything
by il. just then Mcclellan jumped up and
began abusing me and challenged me to
tight, and drew his gun. l prevailed upon
him to put his gun up; told him | didn't
think he ought 10 take advantage OF me in
that manner, as / wasn't heeled. He then
wanted to fight me in any manner wished
/ said, MAC, you know my condition; /
don't want TO fight. He brushed the
gun of the table, and Deputy Mar
shall ST John picked it up and
gave it back to him. ! went out and met
Hiles and he wanted me to go back: l said
no, ] didn't care TO go back. he prevailed
upon me 10 go back and / told him lao,
would see him again. The remarks were
not addressed TO Mcclellan, but to Hiles
Went out aud called for a cab; there was
none there and the cabman wanted TO know
il / could wait few minutes; went to
Shurtliff's saloon: left my overcoat in
a -
went of and left il. Inquired of the bar
tender in Shurtliff's il ne had gun; had
quite long way to &c and I always took
gun with me; had often inquired at the
place for gun. At this time l did not in
tend to go back TO Keck's, but when ] went
to the wine room in the rear of Shurtliff's
/ found Constable Steele. Knowing him
10 be an officer | asked him TO 20 around to
Keck's with me TO get my overcoat. | went
out Of the room and heard pistol shot; it
seemed &c me TO be in the vicinity of Corey's
shed: l did not fire the shot, had no pistol
at the time; the aileyway that led from the
bowling alley in the rear of Keck q Rabies
saloon led to the back entrance and was
often freQuented by people. Met Police
man Smith in the rear of the saloon, who
stated he had heard the shot and was
hunting for the one that fired it; / then
went into Keck K Rabies saloon; thought
! would 60 IN that way IS Mcclellan would
not be so ilHDle TO see me ana attack me.
got my overcoat out: put my gun in my
scabbard and went back TO the stove; the
porter was fixing the fire, and George
Stetson ard Mcclellan were standing near
by, aud Mcclellan says to Stetson, "You
bet your - life old Mac will not get the
worst Of it." Mcclellan then turned and
went down the hallway. Stetson then
turned and began talking 10 me. He and
were not on very good terms, and he said
to me, WHATS the matter, Whes'' [
replied. ''Nothing.'' / told Stetson didn't !
want 10 talk TO him. Keck then came
in and says, ssWhet. ! don't want any
sroable here.n told him l wasn't going
TO have any trouble. ] was surprised at
the way he talked, as ] had never caused
eny trouble Keck said l ought to go home;
IL was public house and / didn't think |
should 60 home, as / wasn't doing anything
out of the way.
Saw Policeman Smith looking IN at the
front window; presently he came in and
Mcclellan went out and talked with him
for q few moments; then turned and
looked at me and walked toward me:
told him TO stop: he reached for his gun
and j drew mine and fired. / did 1t TO
save my life. I had had no intentions of
shooting Mcclellan during the evening; it
never entered my mind. 1 remained
there until Mcclellan fell; be fell
little backwards. l was expecting Nc
Lellan 10 shoot the moment l fred. St
.5oLu and Officer Smith came in the front