The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-07

Sioner Morris Sommer yesterday after,
noon to answer TO the charge of roo
berry preferred against him by John
War;, of Hunters Point. j. NJ. Hamil-
ton was his attorney, while the peo-
pies interests were looked after by
Assistant County Attorney Harring-
ton.
Margaret War; was the first witness.
She did not speak English very fluent
1 ly, but she had some very strong
opinions and was positive in the ex-
IRENE about what She said. Now and
then she would have recourse to the
German language in which to express
herself, and all through her talk was
sprinkled with "war" "sei" ''verstehe"
and similar terms.
Her story was that on Saturday last
she came from her home at Hunters
Point with wagon to do some market
ing. Her two younger children We're
with her. On her return trip her horse
became stalled and she was obliged to
hire man to hitch his
horse to her wagon and help
| her out. The man she hired was
this man Gray and the price agreed
upon for the job was $3.50. On the
way home she struck up ~ bargain
with Gray for his horse, finally agree
ing to pay S12 for the animal They
could not make change as she had
only Sill in change and Gray could not
change $50 gold piece which she had
However, she promised to give him the
other dollar next day.
That night about II o'clock some one
Knocked at the door and she inquired
who was there. The answer came that
a man going to Salt Lake wanted to
stay all night. John War;, her hus-
band, who is between 70 and so years
OF age. got up and opened the door,
( Thereupon man pushed into the room
! saying, you have money; give it to me-
at the same time f1ourishing a pistol
He started to make a light and his
match went out. Then he approached
the bed and told her to get up and
make light. She said LAS mich first
mein petticoat on put" She threw
some clothing about her, got up and
got a light The man f1ourished his
pistol and told her he wanted money;
she replied that she had none and he
said he knew better. He picked up her
1 pocket therein. He told her to pro-
duce her money and stepping into the
next room she produced her pocket
/ book. He went through it, tossing
aside some papers and took out the
money, $40 in all. One of the papers
was bill of sale for the horse bought
OF Gray. Watching a favorable op-
portunity she had darted out and ran,
without clothing, to Mr.. Priests place
Cross-examined she stuck to her
story but sometimes had to request of
Mr.. Hamilton 10 Speak NIGHT so fast
as Ich kan NIGHT so quick English
verstehen." She said she had been in
bed i'll all day Sunday and had, on
Monday, come down to Brighton and
called at Gray's house to give him the
dollar She owed. Said she believed in
being honest even with a thief After
She saw the man this second time she
had no doubt about his being the rob-
Der. She described minutely the cloth
Ing and appearance Of the man, though
evidently with some lack of patience
as she knew it was the man and evil
IDENTIFY thought it was not necessary
/ to say how and why she knew. The
man had grey eyes, wore hat, blue
jumper, overalls and some kind Of
shoes and leggings which, after a con-
siderable amount of explanation, were
explained as German socks with over
| shoes. He wore a mask or black kerr
chief tied about the lower part of his
| face
| Mr.. Wars testimony corroborated
that of his wife in most respects. Re-
gardfng the mask, however, there
seemed to be a little discrepancy as
he said there were holes cut for the
eyes and he identified the man by his
eyes and nothing else, while his wife
said only the lower part of the face
/ was visible. He said the man was in
his house about fifteen minutes may
! be only ten. He missed Mrs. War;
and had inquired after her with an
! oath and had then rushed out of the
house. Previously he had examined
! the bed where the children were sleep
/ ing and had took the watch of the
witness but put it down again. He
/ said when the door opened his ewes
were about on a level with those OF
the visitor which fact was made much
of by the defense, as proving that the
man must have been taller than Graz,
as Gray and War; are about of a
height and the latter was raised a
foot or so above the ground by the
! floor of the house
The defense put ON no witnesses. If
was evident from the accuracy with
which they endeavored to fix the time
that an attempt will be made to prove
an abb.
Commissioner Sommer bound him
over to await the action of the grand
jury in the sum of $3.50 The bail was
not furnished.
Some of his friends intimate that
! spite growing out of the fact that the
horse sold to Mr.. War; was a bad one
is at the bottom of the proceedings.