Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-02-07
CLYDE'S KILLING.
Resumption Of The ClyIOF Trial IL tue
Third District Court Today
TESTIMONY ronrnE PROSECUTION


This morning the taxing Of to5u.
nony began Ia Chief Justice Merrlips
court on tho part Of tho prosecution
against George uaylor, tho 10 yoar
old boy who stands Indicted lot com.
pllciiy In tho killing Of little Clyde
Robertson In June Of last year an
witnesses were directed TO remain cut
Of court.
Tho prosecution Ia represented by
Judge Howai, assistant prosecuting
attorney, with whoml Attorney
George l.. Nye Is associated. Judge
Powers anu Attorney &. o. White
more nte for the defense.
The frat witness examined was the
mother OF the deceased child, Mrs.
Margaret 3. Rlbsflson, whose tCs.l.
mony was briul aud formal anu IN all
respects this same 10 that given on the
trial Of Harry Hammond. She knew
nothing, however, us to tho shooting
Of her boy, having boe1 sb'ent from
home AZ tue tlmo chs tragedy occur.
fUl.
Mary Robertson, sister Of clyde, was
next called. Her evidence waa tub.
slautially the same AZ before. Sue
stated that rhe heard the threat used
by the boys that they would XIII her
brother before night, anu that they
threw rocks ~ him.
The testimony Of the father Of Clyde
was unimp0finut.
Dr. J. ~. Benedict proved that the
death Of little clyde resulted from gun.
shot wounds, Of which a number
penetrated the ohildS chest.
The photograph Of tue dead boy,
showing tho pcfioTallsns BY tho shots,
was introduced IA evidence, but Judge
Powers protested against iw being put
In, ON tue ground that II might bias
anu act periodically upon the Jury.
He failed ~ REQ what else would ue
gained by II. Counsel disEpprovcd OF
tucu theatrical displays on tue part VI
this prosecution, aud IA this instance
the proceeding was incompetent aud
immaterial The physician having
tstt fled AZ to the cause OF death, what
more, he asked, was necessarily
Judge H0wat replied that the dead
child's BODY was the primary evidence.
.As u could not be- nov produced here,
tue photograph was secondary evil.
dsncu aud therefore admissible. COuR-
tel offered 10 nuduce u stack OF Au-
thorities" ia support Of his cn1tsntion,
but Judge Powers rrspcnIed with
ono, please uou't uUubie." Judge
HowRt clnteEted himself win
citing n few In point.
There was n lot moro talk between
the two attorneys Ia the sans line.
Counsel for the prosecution once or
twice vontuTei 10 iute3pOse a word "
two while Judge Powou was speaking,
whefeupou thv latter sAfosstlcally To-
marked that he thought 1--WE nave n
Judge on the bench" THIS
brought from Chisi Justice Merit.
milu request that cJun.
sci would Ego ahead" with their
argument anu net interrupt each
/ other.
Judge Powers again called Ia, inslat.
Ing that tho photograph was not offered
for any legitimate purpose, anu OBJECT
/ cd ~ tbs Prosecution asserting that be
was "thfeshiug over old straw" 1.-The
/ hhd, he had done ~ In tue Interests vi
/ Justice. Judge H0wAt," he con.
tiuuyd, "SUulI like TO produce thu
dead aud bleeding corpse OF that inus.
cent little byJ no wOull ike 10 mold IL
up before the court ami Jury In oil II,
shocking distress Rud agony. Whyg
| That he, IA u sworn officer VI the law,
who ought 10 protect this defendant
just M much rs might win u case.'i
Judge HOwat did NOT dvign 10 reply
10 this lat tRuut.
Judge Meuitt ruled that the photo.
graph might DO admitted In svIdu nCt
anu Rs Judge Powers handed II over 4
Attorney Nye no observed, soto vOce
"Ahl take II; n makes me slcA; iIs hOr
riDltp
Mis-. Annie ". DAssonvllle mex
won't upon the stand and repeated
muoN Of the testimony which sue CAV,
on the Hammoui triH'. GA the morn
Ing pi the Tragedy, thu sAil, Hammond
and Gay lOT were "tOTmehung" n lot o
little children who were piaying neal
her house, HmOng them being littll
CLYDE. Sno heaTd Hammond uso tn,
words "ths whole QUILT vi YOU" Will,
the Two defendants wgta together G.
that UccasiOn.
Virgil Daaonyllle, the little son o
the last lwilnstf, ieltaltG hir ierme
testimOny.