Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-10-16
NIEBERGALL MURDER
Tho Second Trial Of K.sltf Being Had
Before Judge Hllts.
EVIDENCE Is ALL CIRCuusNANTIAL
Dinltully In Goiiing a JurJ-1hi De.
feulaui l. about Sky
Years Old.

iAhAehi ~ fnnui NiAl
Years Old.
Daniel kesslsr was today on trial for
tho murder OF Ffoi Niebpfgali, n toll
tiot la the Sixteenth iuian;fy. sn.
toned al Fort Dluslas, on Nov. -,
1894 Tue killing was done by shoot.
ing with = revolver ani was tue result
OF quarrel over a wo.RB, Mt.
BincEluy, living ntat the corner u
Eighth East anu sixtn B5uth streets.
wheru The shooting occurred. Kpinlcr
was arrested ut tho Dua.ofd house on
Bsuih Tomi 10 slice, lust woit Of wsst
fenplr, - 4 o'clock IA tao m1fning
% Nov. 23ri, tho cline having been
cOtnmit;ul ~ a. n &c. ca at night Of
the 22nJ. Toe Jay alter tho shooting
kessltf was taken 10 Fsgi Douglas aud
10 the presence Of the uyihg soldier,
who fiNvd bis attention UPON the Do.
trnuant emu af'sivafi, IN dying
statement SAID tnht kuitltf vna tus
mau wny Hhot hiu, Ia = sNcusl Ia
kcsalei's 10 IN was igunu Afuv5iyor
shluh bore eviIeuc Of having been
terontly nruI. fhetu was nisO n rag
iound Ia tho room which had been
used In cleaning a revolver, together
win an vmpty shell IN tue BlIvo 70
whio1 tie bullet extracted irom Me.
boigal.'a body was iltsd.
1uED oacg nEroRE
Tue Defendant, kssdcf, wa, tried
In the lhnd district cOurt aud on ATfil
TO-, 1895, was fou "a gully VI man
slaughter uni nultenci Il 20 serve ten
ysAfs la The ponitunuaty. Latrra mB-
uon i0f nov trial wa made snd de.
niud AMI tnu casa appealed 20 the hu-
pfumv court, which granted a new
ifial, anu which T. now being had.
Aiosawh iu, kusiler, VINO Il about %
years oiu, LAS been confined ia the
nl"io PRISON,
rim JuRY.
Auer.'xpertDe.ug f0me difficulty
IN ttcuugg = Jury. tho process u
witch Wa carried ou very Caiefuliy
| ~ both sides, anu occupying oil VI
5sstSrIAy nud up u 1880 today tue
following were founu satisfactory:
Faux u. He's, Philip Neesh 81. }.
ktnnuUy, John a. hardir, Amass l..
0lsa.on, 4. w. Afmstrong, Hiram
Gleason, W. J. Horn, Ralph l.. hoAg,
y. l.. hutdgea, Matthew dlbDs asa
DANIEL Dame.
aksH orESED
County Attorney q. o. wblttemore
and Den Eiehnor ate conducting toe
pfutooution anu Meisfs. 6Oodwin unu
John Lu Taylor are associated In the
defense.
MI. whiitomore made the opening
statement tor tho government aud
Mt. GOODWIN stated the deiendanls
Gaze. Both were very short.
SAW SEInERoALL FIRST.
James Malin, who was tho first to
600 Neibsigall after tho shooting, was
| called Tor tue prosecution. Witness
testified that he lived on the corner OF
Eighth Eat ana Sixth south streets,
oata'cnfnetnd from tue house. Ia which
MTa. Blnokley lived. He was awak.
ened on tue night OF the tragedy by
hls daughter, vino had heard the shots.
/ witness continue. | went over 10
the Blnckiey house and found NsibsI-
Z gall on his handa ana kntos about sl1
/ iutt away from the south window. The
! soldier was shot Ia the stomach and ho
I was blecging very pfOiuaely. HIS
trousers were of only that they were
hanging on biz heels aud iouud a
piece VI his shirt hanging on tue win.
dow, whore II had evidently been
torn on, l searched the wOundod man
nut found no arms upon him; neither
did l nnd any upon the premises,
which also searched. | scot Down
/ 10 thu drug store to notify doctor And
alec the police. hfs. Binoklcy came
. II
! uhoftly after 1 nrst went into ths house
/ aud noticed then shat IL was II
/ o'clock ny my watch. There was NO
one Ia ths house whon fitst went
INTO u. The defendant was not ptes-
ent
Characterization brought out no
now iAets, but ON redirect o1aminA.
ton Tue witness testiflbd that lac found
bluOi on the wiulOuslll near the
window hnd In the room, where he
also found evidences Of a violent sttug-
gle.
Ran yoR qur POLICE.
Joan II. squlrss, "a LAD Of Abou. 20,
testified that ~ the tins OF the tragedy
/ he lived la the house Immediately
/ west OF Mrs. BiucKley's house, pgob..
/ bly, about i've rods away. / hsi lust
/ got 20 he'd with nY brother, said the
witness. whom hUstd thrge shols, the
mat two being mt m 81 ~ II they were
| nfUd ~ tho bOu.s, ,hen there was n
cratn A. u falling glass anu / heard
| tho third sh0i, when sounded louder,
as II Il were fired on thu outside OF thv
house.
CRIES or MURDER.
Then l heard man cali "Holp,"
"biutder," "lps oold.blooded mur.
del" etc. partially dressed myself
and ran TO the drug store on tho cOr-
ngr OF Seventh Eat aud Seventh
south streets 10 telephone for the
| police. l then ran TO Malin's aud
woke up the family, after which 1
went TO Mt. Mann's sJL's house. Thsn
1 went 10 Mrs. Blnckley'a house and
saw Ni.borgall lying near tue widow
nuu covered with biOOI. lac also had
o. cut Oh one VI his hands near tho
| numb.
a.. st.oxamined the witness said he
saw NitbuTgali's hat Ia tho house on
/ Tue naoli had not noticed any Hight in
lhs house that evening" previous 10 the
ahoouug.