Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-11-27

The caso " the People W VIM.
Bunue, charged with assault with In.
tent 10 murder one Chas. ID. smith
with ArevUlver, was taken up anu the
following jurors called and accepted TO
tgy the eas,i
n. +. Rouuche, Milton Barrett, Jonas
Anderson, W. g. Cfagill, Calvin Rea-
s.ner, Joseph Wiley ,JOhn 8. Edwards,
w. I. Fowler, l.. h. Holmes, ssmusl
Barker, Isaac =. SHAW, James O'Han.
Ion.
J1dgs J. W. Judd prosecuted aud
Attorney john NJ, Zane defended.
ChAe. II. Smith was the frsl witness
called by the prosecution. Reside In
Salt Lake City. On the 26th OF Au.
gust, this year, he went out 10 get the
irfiEAung water on bic lot, whsn
BSnes called 70 him 10 leave tho water
Alone Ia The ditch, also using some I'M
gsstlsmsnly language anu threatening
~ put the witness In the ditch, ne soon
as he. Benee, got well. Some vile Ian.
Kuage was used towards Mis-. Chss. Is.
Smith by Mrs. Benee, who was present,
when Bsaee procured witness and
snapped u at the witness.
CToss-eKamined-Aitor Mrs. Benes
had uaed this vile language TO Mrs.
smith, witness told MTs. Bsnse TO W
into tho lot anu smack MIS-. Benee,
but she did not do Il as tho gate wa
fastened.
"a Remington navy revolver was
hof. intTsducsd, q formidable look Il
weapon, AID n fellow to the one ussu
by Mr.. Bense.)
Witness said Behee rred at him, III,
ball pasting close TO his head, sorns o.
tho powder entering his eye aud face
After being fired at no hurried hem,
Aad returned TO Bense's place, the lat
tor bting siill In his lot.
The witness wau here asked N he ID
not been indicted In Prev; when the
question was objected 10 By the prose
ouIlon, sud argued. The objection
was ovsrulsi.
Asked II he was not indicted fol
adultery vita young girl NJ Provo
And sent 10 the penitaniloTy, hs re-
Piled no, As he was psrdoAsd lwt
months bvfor HE time expired.
Mrs, Mary ID. Smith was mex
eallsa-Chsfles ID. Smith WAS her hus
band And they lived Ia the Elevsnt
ward VI this city. She related the con
Vefsatlan that tosk place between hai
huAbAnd aud Bonee, tue latter threat
ening 10 DO him up ~ soon ~ hs go
well enough todo 40. She also feilsT
ated Tao language used by BIN. Benet
10 the witness, enong other things la
timsling thst the witness was NOT %
moral character. This Mrs. smith No
MED and stated that she was TIL
mother Of seventeen children. Shl
also wAde other replies TO tho remark,
Of An. BsBes while the trouble wa
going on.
Ia otosf-tKaminAtion tho yiGnss
stated she saw the gun fired by Bsuel
And shat her husbend dodgod the bal
while she stood slIll on the aldeWGlk
ana also testified 10 her husband al
tempting 10 remove the obstruction
from the ditch.
hr Dluisl Kennedy, the nezt wit
noss called by tho prosecution, wa
asked ithe hAu heard Bsnes threaten
10 kill smith. Objection made 40,
oysrrulsd. Two weeks previous 10 tn
difficulty the witness ssid that bene
had told MIN that when he got we'll h
would use smith up. Ho repeated thl
about lHy TINES.
Recess was here taken III Q O'Clock
AFTERNOON SESSION.
This afternoon on the opening a
csurI the prosecution Tesled and
number Of witnesses called tor the de
fense, tue defendant himself beih
placed on tho stand. Some Of then
tosuaei that the character OF smlt
was bsi, he being Of quArrslsome dis
! position.
At3'l5 Judge Judd addressed III
jury, and was speaking when IN
! NEws went 10 press.