Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-11-14

O--D.ip'. you dr'pp cnunt -' cali
thsJ you bad stclen from tlu yar..'
IA. p.1,,cutlon az e.cI Co thce
questions aud the objection was cue.
Q'-Arr you sutc you were no. car.
ryIuE anytnrgl
40 iy NY conis.
Q-DIdu't YOU tell your muihur.ins
law that you uidn't know who shot
you1
A.-Ycs. sir
q -whrn your molhrr.n-,ag uii
UA 90 foolish man, WHY .l"'. you
stuI9" Jiiu't YOU rvpiyi "l wau lgarcd
10 csulu uot."
h.-Nu, cir.
q DO YOU remember distinctly
nus unuy about what wa aJuu thft
mufuiup2
Tho witur.a, % the nmaa muai Of
those In court, said "Nu, HlE'
HuIuuf. at iuc r,uuttt % Attorney
Tat lock, barred his Lex auI showed lnv
mark Whole the buuet BE- alleged To-
havnttui, * him. lie niI tIt bullet
wns tuil there. lie could uHt tell
where, but the leg was stili PAINFUL
"HpV iuu since you HrvH .uy pay
/ ffou tine u. l.. company Hsn cog clean
e. qurtiui Attorney iEil1C..
Wines auhwuted last month, but
added amid fomc laughter "Wuil, 90
10 in thr uauds Of fccliyyga now, /
! rfr.umt %
Q.-Wry did you bring us prose.
Cuuuu2
Objected to hud oijeri,on .u,aincJ.
Q-Wuo advised you O. go ueiurc
the grand jury 10 pros, cute th.s ca.t'
The question wuHo. sctru g., whore.
upIn Attorney Tattoo sHIa uu wanted
| 10 sh w the witness was under the iu.
preston that tuia case was civil
| lioC,ulins Tor dumagts.
Tho uuea.Iuu was rcugliud aud the
Wines anew uTci-NU one advised
mp.
Q.-Wal asked you to-
N.-NU one asked me.
| q --unvu't you en- WuyUi an nttOr.
/ u.y huI paid hm more than 50 TO
bru, suit against somebody Tor Jam
ggos2
collected u an 4 objection sustained .
Alter some trw iutvTfugatat.vs by
! Attorney Richards In redirect tue
wltutss went down.
! Elhru bot, u light wntchmnu on
thr Uuion Pacific, was tuoa called.
| Hu testified, ia substance, thnt on tho
! morning uf tue huO1uug TIC Defendant
came b him and stated taHs 30 had
tUun rent down there by Cniuf Paul
| 60 watch Tor burglars around the Htotu.
/ Davis uitD informed HIN inst hu had
! pfsyi0usly seen mau gUiHE away
with something On his shoulder, on
| the opposite eide Of the street, that he
haIlsd him q stop, nus that be did
not, anu that hB (tho UiliCufl then fred
into the ground ~ rCsrr MINI that the
| man dropped bis uurdaI ami started
10 run; that hO thrl went over 10 SEQ
what Ii was and found it o. bt lump
OF coal. Davis added, "rhnt mnn
viii say Boo tho morning that he hls
been hold up, and We viii then See
who he IT,"
In cfUr"cz miuntlon 10y Attorney
Tglouk tho wltuets sald ne believed
tho electric lisht- were burning NJ the
time; but he was not sure % 70 that.
witness went 10 sCo the lump OF coal,
which lac should think weighed forty
or ii,ty pound.
The persecution hero Tes,ej, where
uu0n the defendants attorney asked
that the court Instruct the Jury,
on the evidence u tho prose
cutlOu, % return verdict
OF not gully. MI. ratlock ius,sie,
that there WIS., nothing Whatever IN Ia,
testimony tending 10 show that
Davis committed the crime charge,
IN the iudictm0ut 10 ostAbli.ned be,
yond doubt mat tho officer, IL
tne discharge ut his duty, WIS justified
Ia the performance Of any anu oil acu
alleged.
Attorney Richards was about to 70
ply, when tho court adjourned for IN,
noon r,cess.
When the court rtnssUmblod at p
m. Attorney Richards cOntcnded tina
the defendant was not Justified n
shooting when he did, or even IL
making an arrest.
Upon the matter being submitted &
Judge Bartch, his honor ruled that ia,
evidence hdduCod by the prosecution
war not sufficient 10 show even tina
the defendant fred the shot ~ all or,
which was the more important ia thii
case, that the shot was lred with Ia
tent 10 do bodily harm. He therefor,
Instructed the Jury 10 return verdlc
OF not guilty, which they nj once did
ami ~ the onso ended.
The Defendant WIS warmly congrRtu
lated by Chiet faul AMI number o
his brother officers, who we're la court
upon thp result VI the Trial.
CIVIL UUDEHs,
In the case OF ChsrIos O'Brien ct a
We Jamcs n. Walker Go. and the Chi
oago Title anu Trust Co., intervenorr
on motion Of plaintiffs the attachment
heretofore Issued aud levied ON =. T.
EygeTlsOn Sr., OF Provo, was by cOuHen
dismissed snd dissolved, 30 far as 1
affects tho property Of Eggertson only
First National Bank Of Park City Vi
Samuel S. GfDesbrck II pl. Default
entered anu decree Tor sale Of property
$50 attorneys Zee allowed.
Judge Zanes Occupation.
When fret called on, last Friday, II