Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-10-29
SICHER ON TRIAL.
4 Jury EmpalsIsd and The Case For
The Prosecution Is Up ned.
TUE TRIAL WILL LAST SOME DAYS.
Prosecuting Attorney Judd Hard On
the Jurors-Plea, OF Defendants
Judge Merrtrs Division.

dhhNN hfNANANN hANANlNus
Judge B rich entered UPON his
weeks pro, ram by announcing his
decision 10 tbe case Of Fred G Lying.
berry, who was recently ilue1 So and
Gusts by Commissioner Pratt lor having
~ AIRED trout In his y secession. The
defendant appealed 10 the Third de-.
tfict court, and On the hearing shout
two weeks ago this jury utned =
verdict Of guilty. Mr. Lyngbprs's at
totueys, on Saturday last, argued a
motion Ia arrest Of judgment, bssing
their application on alleged unconstl.
tutionality OF the law, aud It was upon
THIS that the court now passed. After
scttiug forth bis view OF the matter In
come detail, Judge Barleh overu ed
the motion. While he did not, he said,
desire to oist the slightest reflection
upon the cOmmissioner. he certainly
thought that dus allowance should
have been made for the ~ distance
which the defendant gave In locating
the person from whom he purchased
the fish, aud hence this court regarded
the penalty imposed ~ excessive. II
was sometimes, however, a difficult
matter TO arrive nj lust what the pun.
i-hment should be- In certain oasss He
thought that IN this instan ce a nominal
fine Of $40 anu cot, would meet Ia,
case, anu 10 that amount the fine would
now be- reduced.
Attorney kfehs Uked for and Oh
tained n stay " fifteen days In winch
10 file statement ON motion for n new
trial.
When court resumed At . O'Clock the
defendant took HE seat Immediately
besiIo his counsel. Sicher ia an In.
acknowledging fellow, apparently
about thirty years Of a.e, speaks broken
English with uiiliuulty, and does not
appear 10 be muuh concerned over the
serious position In which he " placed.
Judging by the comparatively small
attendance II spectators IN court this
afternoon, the case II not now exciting
any considerable amount Of Iublic
Interest.
Deputy Clerk Loomia having read
the indictment, charging murder 10
tue first degree,
District Attorney Judd proceeded TO
make his opening address to the jury
ON the part OF the prosecution. He
tni1 ho proposed 90 show that the de-
cta. ed, who was known 40 zoe" Mu.
Tauo, anu his brother, n shoemaker,
who lives In this city, sent 5ichvr up u
the place near where the killing 90.
cnfIeI prospecting. This was not
many days before the murder OF
tiui.teppi Mufano. He was furnished
with gruu-stAte aud given n
Hper notice to post upon the
ciaim. He, however, failed 10
aflix the notice there and when the
knowledge 81 TINS reached tho
Murauos they went up anu did u
Themselves. on or about the Friia y
before tue killing the accused de.
manded from the brothers an Interest
IN the claim, but tnis was refused, tho
Muranoa saying that ho had no hight
thereto. The defendant was In n West
Temple street saloon after that, nnd
probably bang under the influence Of
liquor, used threats tow ards the
Mufano. Counsel spoke OF the visit OF
the deceased AMI anither II allan
named Figliulo, 10 the claim ON the
fatal Sut day morning, anu said the
defendant WIS also seen In the i'm
mediate vicinity Of the claim. After
Mufano anu Figliulu han eaten break
last on the GROUND Flglluo des cendvd
the hole by mutual arrangement 10
order TO get out some OF the rock TOT
thepufpose OF having It tested. While
Flgliu 10 was out OF sight Sicher adj
vanced TOW ard the claim, sirzrd holl
Of Guisseppl and shot at him three
times.
When Figluilo heard tho shots he
Jumped out Of the whole anu saw
sichyr running down this hill M fast q,
he could travel. Guisseppi staggered =
short distance Rnd fell, Hs we'd
rather less than two hours after thu
shooting, but before he died made q
statement which pointed TO Sicher NJ
ths mAu who caused his death.
The defense reserved their statement
for the present.
Dr. John s. witcher was the nrsl
witness. He testified 10 having beer
At the penitsntiAfy At tins time OF th'
ira. eJy and TO going 10 tho spot wher'
the deceased man lay, There was !
bullet wound nj the back Of the heaC
and two other wounds in tue region o
the ribs and spine. Death resulted
from both internal aud externa
hemorrnage. as the result OF the rhoot
Ing.
10 Attorney Stephens witness Hai,
when he reached the spot he found IN,
deceased lying about 1917 steps from th'
olaim.
DT.C. q. Plummer, who was presen
ut the p0stmUTtem examination upUI
the body Of the deceased, testified M
to the nature VI the wounds received
by MuTano.
The hearing was In progress whsi
the NEWS reporter left,
CALLED UP 10 PLEAD.
Several defendantz who were al
raigned ON Saturday We're this morn
lug brought into court to plead. TheJ
were Ms follows;
Willis C0chTane, q youth, plead no
guilty TO charge Of bufglariEing tn
baggage room M the Templtt IA MOTEL
on September l7lh. J. II. Murphy Il
his attorney.
Lena Carter, tho "goneral's'
daughter, plead not guilty to chaTg'
Of fornicRtlOn.
30 did Hugh MoKernsn ami VIM
LeAtham, an well as to "A charge OF rob
bing n Chinaman. The facts IN thsal
cases were stated In Saturdays NEWS
Nellie Davis, the young c0lort,
woman, plead not guilty 10 n charge o
stealing $751;, the mOuey Of Mark
Tobias. Attorney J. w. Cherry wa
appointed TO defend.
J. q. Williams plead not guilty to