Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-11-03


/ Of spectators thhn yetieriay
] the pr secutiOn wg'ptiii represented
/ By Jd1ge Hlwat, assistant district AZ
| toruey, ana Attorney J. y. FrUw, aud
the defense by Attorneys Written re
and Waite.
When court opened Judge Barlch
excused NIL jurors Ia waiting until
] mex. MOniayi which would seem 10
/ iulicaIu that the trial D. laoly 10 0c-
| cupy the balance OF the woHa.
The testimony Of Mrs. Blrfct, NJ
| given before tue Clmmittug msgis-
tntr, was now admitted iu evidence,
after which Mrs. 6hylOr, mother VI the
duiendaut Dayton wab recalled. She
said In answer TO Attorney Waite that
sho did not see anyone Ia Whung's
yard alter the shooting. Asked uy
Judge h1wat II yesterday she told tue
liulu boy GJrion Place not 10 testify
ugninst Harry Hammond, the witness
answered iu the Iegnuve.
Vim. Thomas Hansen, u carpenter
formerly VI Lexington, Nebraska, said
hu knew Harry II ,mmond while his
parents resided there. Hu iduutitlud
| tue gun produced ua onu which lac
formerly used frequently, ltbtl0nged
" HammUnd's father sui had buen
loaned 10 MIN, nul witness had zone
some effective shooting with IT, He
had Eiioi geese with 10 nt 100 yhfIa
distance, anu did not think 10 impOtsi.
ole tor the guu 10 Kill a bog 10 struck IN
the breast if0uI distance ui seventy.
i've yafua. This last answer was In
reply to the prosecution.
Mr.. Margotts. shsun Mcqueen, Mr..
Gaylor aud Mrs. Ryan (ismmOnd's
gfandmOtuvfl we're each recalled, but
there was n.u Ing very sew Or ma
toiinl Ia whg sAf elected from them.
The defense intended 10 call Dr..
saith, merely ~ testify ~ 10 tue
nature Of the guushOt wounds H.
ilictud upon the deceased chiil, but us
] The " ituesH was not now pfeseut-nUt
having burn SUBJ u IAed--thu p5usgcu-
ton consented 10 mis- being called At a
later stage.
TITO defense then rested, and the
prosecution hiduca1 TubItting tnsti.
mOny, leading oil with the recalling
Uf 5hurii MtQurun and MI Whipyle,
on the question OF location o. to tue
seems OF the tragedy.
Richard Robertson, father o. Clyde,
aud MTa. Sarah Jane Spencer were
next called. The latter was asked b.
Judge HOwat whether Nluniu Ross
uid not Inform her, about i've minutes
after tue tragedy, that snu taw Harry
Hammond fro the shot which killed
Clydu 10 uftson, but the defense In
tufpOiod un emphatic objection ~ the
questiOu.
Judge Howatt admitted that this limo
OF testimony was nu exception ~ the
general rule, but said that when the
defense sought 10 as,nil tbs girl Ninniu'a
! az aauNHmfuHss NuH q ola
that IL was recent fabrication, thereby
endeavotiug TO impeacn tue witness,
thoL, "a robuttAl, he hni n right 10 show
that Winnie, before any charge against
Hammond mad been even thought OF,
told her story 10 Mrs. Spencer right
after the shooting. Counsel also re-
marked that hu ouly aimed at thv cor.
r1b0rgtlOn OF tho gitps testimony.
Attorney Waite urged, while declar-
ing that he desired not 10 take any
uuiair advantage Of the witness, that
there was no rule Of law that
would allow tue statement 10 bu intro.
ductd as TO what the witness might
have said one way or another.
Judge Huwat then askod the witness
whether Ninnie Ross, at that lime,
said ahu Jaw some ono shoot Clyde
RlbuItsou.
The witness answered. that she told
her clyde was shot dead, aud that II
was Harry Hammond who shot him
that ht had the gun.
The defense objeoting 10 this, the
/ question aud answer were stricken
out and tue question was put Ia "a
modified FERN, when the witness re-
piled that Winnie said Clyde had been
shot dead, anu that she saw Harry
1 at.s.uN
Me. Jeanette Spencer was called
aud gave testimony similar 60 the last
witupss. Winnie was very much *.
, cited and said sno saw Elafy shoot
through the fence.
Mrs. Robertson, mother Of Clyde,
was recalled, but this question put to
her was ruled out and sne retired.
Attorney Whittemore then protested
against the prosecuting attorney intro.
, ducing "stAge effects" iot tho purpose
OF playing upon the jury; but Judge
Howatt Indignantly denied any such
thought or motive.
Mrs. Esther Place then took the
stand. Sue testified that she formerly
resided In the vicinity OF Major
: avenue.
Judge Howat-Do you know any
thing about the disposition 0i Harry
{ Hammoud--to b. quarTelsome, vlndic-
tive, Or o,horwlst2
Objected 10 by inc defense, but the
, court ruled that the witness might
answer.
. Witness saii-He was considered
. very quartuls1ma around there; that
was partly why / lett there.
d Judge H0wat-What IL his dispOsi-
= ton ~ to hitting aud striking oIher
I children
. Objected to, but witness was allowed
10 answer.
Mrs. Place then said that she knew
lac would, anu had, injured other aud
. smaller children, She had known
1 him throw rocks at her twO.yenr.oli
baby ON the door step, and he had ale
1 struck witness's eldest son, Gordon,
I aged 10, over the head with whip.
o stock, aud also called him - VI
: "a b..
Mrs. Maud RlhB, mother oi Winnie,
e was Rssei as 90 the deiendanps Toputa-
, zion In the locality In which he live O.,
o which uhe taid was bad.
4 Attorney Waite-Who have you
heard say no:
Wltness-You 20 TO the noighbors
= aud you viii hud out. She then
: enumerated several Of the noighhOfa
]. whom she HAD heard speak disparag'
j iugly OF the boy,
Attorney Waite-Dld thelIammond
y boys trouble you In any Way
Wituess-N1, viz, they dld not
Mra nn4auuyllln WTaa rullpd and