Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-05-17
THEY'RE CLOSING UP
The Testimony 10 the Carter Con-
tempt Case All 10.
LEGAL ARGUMENTS ARE NOW on
Conflict OF Evidence The Decision MAJ
Not BE Given Till 10.
morrow.

ton Carter stated that lac went to
Provo 10 advise his men 20 submit
quietly tohuosL HehRd never al any
time bad any intention Of interfering
With tbs u aion PAoiio or nay other
railroad property.
NJ. jackson, Of American Forh, a
special oiiloer on Friday last, said he
Wa at tho notwithstanding about ten
O'Clock on that night lie heard Car
ter tell his officers to put on an extra
guard and not allow any Of tue mon to
leave camp.
James Cfookatou, another American
Fork special officer, slated thsl he d..
recicd Carter 10 tue American Fork
boarding house on the Friday night
This lanjlsdy'a sou also testified ~ 70
Carter having stayed there the cntire
night.
Henry Novel; said ho had been In
Utah sinco tue organization Of tue
army; went 10 Lehi with twenty other
men determined 10 steal train and
get the army out OF the Territory; upon
their arrival he took charge OF 10 aud the
men with II. After they secured the
engine and cars they stopped anu
picked up tho army, having notified
them that they had secured train.
rho men seized the train on thelr own
responsibility, and Carter knew moth.
ing about IT,
In REORGANIZATION Novel; ID.
mitted that he and the other men knew
they were acting Illegally when they
took tue train, Carter was In camp
when witness and nis colleagues left ~
when Day was sent back 10 notify the
army hn was instructed 90 direct tue
adIulant 10 wake the men up ami get
them over 10 the main lne Of tho
Rio Gmudo Western, where they
could be picked up. When thoy
reached the point where they were
10 pick the army up shout 500 mon got
on thu train. Witness had been a
waiter for several years, and was also
a conductor on a street railway line In
New York CITY. lie lett New York In
November, 1892, and finally reached
San FTancisc1, working as n waiter aud
sock NJ u number or ciiier gu route.
The army, he further stated, was not
supposed to know how the train had
been secured, but witness proposed 10
get IL tor them. He was Ia ICON.
mand" OF tho train. Tho army had
no knowledge OF his purpose In going
up there.
'"Maiot'' Lowry was the next wit.
ness. He stated that he left the camp
about 10 O'Clock Friday night with
two citizens Of American Fork. He
had become displcasoi ats roprimAnd
from Carter. and for tubs reason went
away with tho men ia a buggy. Later
hn heard that some OF the army were
out Of camp and he went up 10 tho
Junction. lie found Novel; and his
men there, but did not tender
thom any assistance. Replying 10
counsel for the prosecution, Lowry
said he thought the men were going 10
take train when he saw them Al the
Junction; but they did not tell him 10
ut first. After no learned OF their
intention he told them they had better
be- careful, but they said they would
take itany way. Alter that hs got
aboard and rode TO Provo with them.
Albert Davis gave testimony similar
TO Lowry, and court adjourned until
TO-DAY.
THIS MoRSiE0's HEARING.
Tho twonty.slI industriRllsts In the
keeping OF u. \. Marshal Brigham
were brought down from ths open. - In
a Rapid Transit car lust before ten
O'CLOCK this morning, IN the custody OF
several deputy mafahAls and guards,
af..N - .l.Ns
the courtroom, all the seals 10 which
devoted 10 the use OF the public were
eagerly taken Immediately upon the
opening Of the DOOR. Uuabaied Inter.
eat continues to bo manifested In the
proceedings,
Whom Chiei Justice Merritt took his
scat on tho bench NJ the usual hour the
inquiry WIS resumed, counsel for the
defense calling additional testimony.
General" Carter came up smiling.
and was the recipient VI many hand.
shakes when he put In an appearance.
The first witness today was Samuel
Gregory, an induslrialist, who said he
campsd with the army about three
miles from LVhi, between American
Fork aud Pleasant Grove, last Friday
night. Horemained there until o O'Clock
and then lott camp In company with
about twenty.iouT others.
Attorney H0uiz-What made you
10 sl2
Enthusiastically kicked me I'm
the ribs, told mo / was wanted aHd 1
went. lLaughtur) We got by tho
double guard went ON 10 Lehi June
ton aud got the train. word was
sent down to the camp through Day,
by Novel; (lho latter acting as com.
meudeTl, that train was ready for
them. There was some tslK In oamp
Two or three days before about certain
Of the citizens getting train for them.
10 carry them out. General Carter wns
not aware OF the plan 10 take the tain.
None OF tho defendants, except him.
self, Day and Novel; went out win
the tweuty,iOuf men that night, 30 far
IA ho knew. General Carter mad al.
ways advised tho mou not TO take a
tram forcibly but to act peacefully,
and moi break the law,
Crosb.uxamingI, witness said he
heard II stated jusI lol1Ie they started
Tor Murray thai O. Train might be Oh.
tained for them, but they did NOT
expect 20 get one NJ Bingham juno.
ton. Witness had read tho oath but
hau never aligned %.
Attorney Van Uo.t-whO was It
Kicked you2
Wltness-RogeH.
Attorney Van Colt--And he isn't
here now2