Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-05-16

H'"N w." AAAANA "AHN HNHN 40
animation. Thu isucccsdiug g. g..
mony went TO show inst noe. u
the defendants Engaged In the disturb.
ance; that threats were used and clubs
bfahdishol alo't when tho deputies
appeared on the scene. Nearly Hll the
twtuiy.suyun men now charged were
idohtifUd ~ having been present.
The crowd was excited aud tho MOI
declared they would not submit 70 ar.
rest
TODAY's tNQuRY.
when court convened at 10 O'Clock
this morning the prosecution called
Sheriff Brown, OF Utah county, who
shid ho had n convrfsatl0n with
General Carter on the street yes.
terdHy with reference 20 the tax
Ing Of the train vt Lohi Junction.
Carter then declaiod b him that he
knew nothing beforehand OF the plan
10 steal the train, ami further, that he
had previously oOunrclod his men not
10 resort 10 any act of that kind. lie
wns also about % say something ~ 70
the uitlzona OF Lehi having somehow
arraggei Tor this train 20 take the army
on; but they were interrupted In the
conversation, and II was brokon OIL
before Carter had finished. Witness
identified from among the defendants
Gregory, Keen, Novel;, MCRau aud
Day % having been ut Provo; and he
presumed" all the others were there
alec.
In REORGANIZATION the sheriff said
Carter told him he was not NJ Lohi ut
the time OF the taking Of the train anu
did not know anything about Il
till next morning. Before leav.
ing Lrhi on Friday night he
hat directed his men 10 stay In
camp aud had placed guards around
there. Garter might have saii he
went 10 American Fork on the Friday
night; but certainly stated that the
first lac heard Of the train stealing was
On Saturday morning.
The prosecution here rosled-Al
1915.
TIE DEFEssR OPENS.
Attorney Houtz then said that a. all
tho dc endants, with the exception Of
Carter, had boen In custody, confined
la the poniteutiary, since tue time OF
their arrest on Saturday afternoon,
their counsel had no opportunity oil
talking with them, Ia order ~ prepare
the defense. hB therefore asked Der.
mission OF the court 20 consult with
them all In private for few moments
before proceeding 10 Hdduce evidence.
Judge Notwithstanding.
TheruupOn Messts. HouIz, Warner
ami Colonel Allen Miller, with "Gen.
rTa" Carter aud tbs other twenty.six
defendants, repaired 10 the grand Jury
room and returned after an absence OF
twenty minutes.
Attorney Warner Immediately moved
tnu court 10 diaohargo General Carter,
Ed. Moore. Chus. Burlt, William
Andrews, Michael sullivan and Jas.
CAssady, on the ground that there was
absolutely no testimony whatever u
connect them with any acts con plain
oil OF In Mr.. G0ung's affidavit. COuu
sci likewise moved that tue defendant
Charles Mitchell, f.. Glldivu, n.
Taught, ami w. A. Lowry be released
| for the reason that they had
not been sufficiently Identified.
Judge Mafshall, ON the part Of the
prosecution, ia opposing the motion
first dealt with the defendant Carter
anu commented upon tbs public state,
ments OF his intentioB,as shown by Ia,
newspaper reporters In their evidence
TO ride with hts men, by some means oil
other out Of the Territory. Carer, he
said, had formed an Organization o
these men, was elected their command
or, aud parEded IN advance Of them
wherever they went. He was theil
rec iguiIed leader and COMMANDER,
spoke ~ them In public, announced
I IL 4.
tended 10 do-to ride peace,
ably II they could; but tt
Tide ia any event, He denOuncei
the railroad companies, and asserted
that all the forces Of this court and OF
the United States could not prevent
them going by train. Every move.
ment Of this kind, remarked counsel
wss prompted by knayes aud fools, but
Carter did not belong - the lAltsi
/ category, and waa not going 10 yOlun.
thfily place himself where eyi1enc,
could bu easily obtained against him
Naturally enough, he was absent whut
the train was stolen at Lohi; Tor when
ever 10 came 10 any actual struggle,
| those men who were ~ active m
melting others usually kept convenient
Iy iu the rear, A 10 the re-
manning defendants, there weT,
certain " them who had not beer
identified NJ having taken part ia ID,
| actual stealing OF the train; still, there
could be- little doubt that they all rod,
upon II 10 Provo; ana the riding on
that train was Just as much "a breach oil
| the order Of the court ~ the actual In
reference with or handling OF IN,
| same. Counsel referred NJ some lenV tb
10 certain acts OF the mun on tho coca
sion OF the train steal ami urged thai
all had subjected themselves to punish
ment
Attorney Van Colt spoke OF Genera
Carter as the planuoL In,
schemer, the director VI th,su
meu aud said the question here WA
whether when he hal got them rlgn
to the point whore they committed ~
overt act, because he heallated eithul
from prudence or wa NJ nerve 10 K
| further with them, he was now 10 ~
| unpunlshed. Counsel dwelt upon IN,
| preparations which had been made fol
breaking up the camp OF men between
LBhianl Provo iuOrlet that they nigh
get upon the train ON route, anu Tidi
culed the idea that Carter was ignOfau
OF that proceeding. These men, II
taking the trim, SIMPLY carried on
the very thing that no had directed
them 10 no IN his public Hpeeuhes
| Then. for goma reason best known {,