The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-04-30


Albert Barnard in July. 1892. began
Yesterday before Commissioner Pratt.
Owing to limited accommodations in
the Office of the commissioner the hear
ing was had in the Office of County
Attorney Whittemore in the joint
building
Nearly all the population of North
Point were present.
Judge Dey appeared for Rudy. At
torney Hurd for Englebretzen. while
Whittemore and Harrington prose
cuted.
The evidence was of conflicting.
vague and unsatisfactory character.
most of the witnesses having very poor
memories.
The following is a synopsis of the
testimony:
Gus Hogleson of Lake View. the first
witness. said that in the summer of
1892. he met Englebretzen at Taylors-
Vile. He wanted to hire a man and
asked this defendant to go to work
but Englebretzen said he was afraid to
work in that vicinity as he had had
row with an Englishman Che and Rudy
and had nearly killed him and was
afraid of the officers coming after him.
George Henry Winters Of this city,
knows Englebretzen and in March,
1894. was herding with him. Engle-
bretzen had trouble with Frank Rudy
over some sheep. Young Rudy came
up next morning and he (Englebretzen)
and Rudy had fight. After it was
over Englebretzen came up with his
hand bleeding and witness asked him
why he didn't have Rudy arrested.
Englebretzen said he could do better.
HE could burn them up" They had
a quarrel and young Rudy had beaten
Barnard into insensibility and then
jumped on him until he was SILLY"
The witness said that Frank Rudy and
his son afterwards went out in the
night and disposed of him. Englebret-
zen afterward said that he had heard
that Barnard was in Idaho. Engle-
bretzen said that Rudy and son had
Englebretzen afterward told witness
he must not believe the reports that
he was a bad man.
William Naylor of this city. who
owns a ranch in Mountain Dell, knew
Barnard and saw him in 1892. He came
over one day and complained Of being
badly beaten. He had a lump on his
back. This was July "a. 1892, He went
away after the wound was dressed and
afterward two young men came over
and asked for him. The witness did
not see them to recognize them. AL
though Barnard came very frequently
before tins event he never came after
ward.
George F. Naylor. a son Of the pre-
ceding witness, was next examined.
He was at the ranch when Barnard
came over. Barnard was known by
the name Of England" Barnard said
he had a fight with some boys. After
ward Willis Rudy came with another
young man and asked for Barnard. |
Never saw Barnard afterward.
Ira R. Allen, of North Point, said he
knew Englebretzen and Rudy and a
year ago had a conversation with the
former in the presence of Leon INLAY. !
said If he knew where to
go he would give himself up. as he and |
Rudy had beaten Barnard shamefully:
said he was kind o. |
fraid.' 1 asked him why and he said |
it was on account Of the way he and /
Rudy had beaten Barnard in Emigra- |
ton canyon and if he knew who to go |
to he would surrender. I advised him /
to see Sheriff Mcqueen.
This witness was a very reticent one |
and beyond this naked statement moth
ing was developed until Judge Dey got |
him on cross-examination. Then it |
was brought out that Frank Rudy had |
had the matter up before the council /
Of the church to tell what he knew, and /
that the witness was also present.
'Englebretzen, said the witness,
told me that he believed he would /
go to the sheriff and 1 advised him to
consult his parents first. 1 afterwards I
met Sheriff Mcqueen on his way to |
Rudy's camp and 1 told him about it."
The witness said that he and Rudy /
were not on good terms.
Leon Inlay, of Grantsville, who was
present at the conversation narrated
by Reed, said that Englebretzen
wanted to give himself up but didn't
know how. Reed advised him to go to
Sheriff Mcqueen. Englebretzen told
Reed that he would be glad if he NSed
would communicate with the sheriff
the case.
John Halford. of Bountiful. who
lived next to Rudy's ranch. testified
that Willis Rudy told him that "OId
Albert would never trouble North
Point any more" Barnard lived with
Rudy. Witness was not sure of the
date
H. W. Spencer, of this crty, said he
was at William MAYORS ranch in
July, 1892, and had seen Barnard.
They called him England" The last
time he was at the ranch, he c1o
tended that he had been beaten by
some boys. Later in the day, three
boys came and inquired for Eng
Iand." Said they would Fix him. IF
they could find him. The witness re-
with them, saying that
England was of a weak mind and
what he might say ought not to be
noticed.
The witness then identified young
Rudy and Englebretzen as two of the
boys. They took Barnard's trail.
Never SAW or heard of Barnard
again. The boys said that ''they
would fix the son of a b-h."
. On cross-examinaltion, the witness
said that Englebretzen and Rudy
used very abusive language when
they were at the ranch. The pair de-
,lared that they had visited the camp
put could not find Barnard and they
wanted to get him This remark
was made three or four times.
Joseph McCrae, of Mountain Dell,
WAS herding sheep in 1892 and saw
8arnard's camp in Emigration cam
ron in July or August The sheep
and the camp were there, but Bar
lard was gone. The tent flaps were
'pen and the interior disarranged
The witness shouted but no one re-
sponded. The dog came and witness
waited for a time, thinking Barnard
would come. but he did not. He went
back week later and the camp was
n the same condition. The dog was
still there. but no man.
On cross-examination witness said
week later he saw Willis Rudy at
he camp Was only. with him a min
lite and nothing was said about Bar
lard.
John Edward Barnard, a. brother of