Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-10-30
SICHER'S DEFENSE.
ATTORNEY srErnESs's STATEMENT
The Jury Have Gone Out with Counscl
This Afternoon 10 View the scene
Of the Tragedy.

The further hearing Of the charge
agalnst Modesto Sichef Of wiliully
numbering Gusseppi Murano, 10 Par.
ley'a canyon, on SUNDAY, Sept. 18th,
was resumed before Judge Battch anu
jury, IN tho Third district court
room, this morning, the same counsel
appearing as on yesterday Drtriot
Attorney Ju d and Assistant Rich.
ards for the prosecution; Attorney
Frank u. Stephens aud Beunur X.
Smith for the defense. The Attendance
Of the general public was again lin.
tied.
A tier the NEWS report closed yesief.
day afternoon, 1ui'feY pi FigliulJ was
Caiied. rhis mau was the eye wines
t. the tragedy. He testified that he
anu Mufsno went up TO the mine on
the morning OF the killing. When
within a short dis,an Of the mine he
saw Sichsr coming away from an OLD
prospect near by and going toward the
place where the shooting occurred.
Tho witness aud MuranO then went up
TO the claim, aud Mutano told him 10
40 down Ia the shaft aud get some rock
to bring to the city Tor Rssa,ing pur.
poses. After he entered the shat he
heard MufauO speak 10 some one about
having seut him down the shaft. Figii.
uls then looked up and saw Siohef, but
did not hear him say anything until
he called Mufano AZ u n b., grahhei
him with his lett hand aud began
shooting. Three shots were fred.
When Figliulo got out Of the shalt
sicher was running away. He then
helped Mumno down toward the road
Aud left him there, while he ran down
toa camp near the watvrwofks TO get a
conveyance to bring Mufano TO the
city. Mufano iiel about an hour anu
thfse.qusrlots alter he was shot.
Cross-eKAmined witness said that
while he was In the shat he could sec
Mufano ami sichef standing near thu
edge Of tho shaft abOv. Tue ntt
thing Slcher sid was, "You So Of a
b." Then ho began shooting and
fired three shots.
(which shot struck MuranO ON the
top Of the heau7" asked Attorney
Stevens.
"Tne second" answered Flgliulo,
81 saw the bullet n.y."
Joseph Pitt tesulsi that he learned
Of the shooting ut 1880 O'Clock on the
day of tho occurrence, from Figlluio,
aud went up TO where Murano was
lying near the roadside. Mufano said
he was going To die soon and wanted
TO mako a statement 10 him. Mufauo
then said that Bioher caught hold Of
him, told him he had no business there,
called him A. OF b. aud began
shooting.
Charles Murano, a brother Of the de.
ceased, testified that he aud deceased
put up grub stake for SicheT, aud
told him 10 put up a notice OF location,
Sioher failed TO put up the notice and
witness anu his brother put u
up themselves. Three days before
the killing Sicher wanted half inter.
Get In the claim, and they refused TO
give n to him gnd told him that he
could take up another claim II he
wanted TO. Tue witness also testified
that he saw Siober In RudelAps saloon
three days before the killing anu he
raised n row about the matter. In cross
examination witness stated that Sichsr
hal n third Interest Ia the old claim,
but was not interested In the new one,
Dominica Rudolat stated that SiuhVr
was In his saloon tow days prior 10
the killing, aud started ~ "faise hell"
with Charles Muano, Witness com.
PEELED him 10 stop by telling him that
ns would put him Uut unless no de-
sisted.
Sheriff Mcqueen was briefly ex.
aminel anu court adjourned until this
morning.
Joseph PIT was recalled by the
prosecution this morning anu asked
onr or two formal questions.
John Schwartz then testified that he
was a bartender ut Rulelau'u salUOu
on West Temple street anu was ac'
uuainltd with tho Mutanos, Charlie
aud tue deceased. o. the Friday
night before tue killing sIcher was IA
tue saloon anu witness walked win
MIN on the way home. Hioher tnou
threaten d that II the two Mufano.
vent up TO tho claim agaiu he would
hahOOt them down like Jack rabbits
Ctoss.rxAmIned witness SAID he
never told this 20 ChArlea MuTano un'
III last night, but ha informed hi,
(SchwarlE'r) bJss aud other petons.
Murano then came up 10 witness anu
said he had heard people talk about
Hiohef'a thteAlr. Wituess was moi
present IN the saloon during the row
on the Friday night, but got there
after II WAS over.
WWhy didn't you tell Charley about
this threat" Atked Attorney Stephen,
"when you saw him every da %
Judge Judd objected To the question,
but the court ruled that the witnes'
might answer
"Wrll, | DOM know" replied
Schwartz; ~ didn't want ~ cay any
thinE.n
"Did any one else walk home with
youanl Sicber that nigh,2"
"Nu, sir."
A diucussion here ensued between
counsel 10 10 the Jury being tskeh GU
IN Wis and inspect the scene Of ia,
tragedy.
Prosecuting Attorney Judd wanted
the Jurors To 10 there at tnis TINS, be
fore ,ne case Tor the prosecution closed
but Attorney Stephens insisted tina
inA-muoh ns tno prosecution hau put IL
their testimony, II was only right tha
the de euse should DO allowed ~ stat,
their case first.
Judge Bartoh questioned whether Il
would be necessary for the jury 10 20 NJ
nil. NJ the same time TemRfking thu
their dong 40 would delay the cuuT
considerably,
Hut Attorney Stephens, while hd
hitting that tue pressure OF business
upon the court was great, argued tina
where the life Of feilow-being was al
stake that question should cut NJ