The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-18

dered man, Fred Niebergall, as had
been introduced at the previous trial
of KessIer, and the statement was in
troduced as follows:
DYING DECLARATIONS.
Fort Douglas, Utah, November 4,
1894, 9:46 p m. /, Frederick Niebergall,.
was born in New York city. l will be
25 years of age next June; have resided
at Fort Douglas, Utah, for more than
one year. l am conscious that l am
dying. /, therefore, make this, my
dying statement, of the shooting affair
on the night of the 22nd day of Novem-
Der, 1894, at Mrs. Binkley's house,
Salt Lake city, Utah territory: On
Tuesday night while pretty we'll under
the influence of liquor L went to her
house. went in the back door, being
the kitchen door. I met gray-bearded
man, the man L identified the other
night being with Chief Pratt, known
as DR.. Kessler. The doctor said, What
in hell do you want? 1 said, 1 am
going to take rest. He the doctor)
fired three shots at me- One shot took
effect in the stomach 1t was light in
the room. The shooting occurred in
the southwest room. l ran into the
kitchen and fell. / got up, fell against
the wall, punched the window out and
j
reason 1 jumped through the window.
The doctor ran out through the kitchen
door An old lady followed him out.
think it was Mrs. Binkley. She
screamed and I recognized her by her
voice. 1 knew her well. 1 am acquain-
ted with DR.. Kessler I met him twice
at Mrs Binkleys house and once at
the Salvation Army barracks.
(Signed.)
FREDERICK NIEBERGALL." ,
Mr.. Malin and Mr.. Squires were re-
called and both testified that soon after
the shooting, Niebergall said that it
was Doc who shot him. Il never
squeal, but Doc was the man that
did it, was his language. In regard
to the other name of Doc, NJ
Squires testified Niebergall said that it
was name that sounded like Wallace,
and that he was an old man.
DEFENSE OPENS.
This closed the case for the prosecu-
ton, and the defense called Dr. Mill
iron, who testified that he was called
to attend Niebergall directly after the
shooting and before the ambulance
from Fort Douglas arrived. Witness
did not notice any evidence of strug-
gle, from the appearance of Nieber-
gals clothing. fr
Dr. J. S. Sharp testified that NOR
phine, administered as it was to Me
bergaIl, would have the effect of dull
ing the mental faculties. Cumulative
effects were usually observed in cases
where the drug was administered IN
ternally and not hypodermically.
MRS. BINKLEY.
Mrs. Adeline Binkley vas called for
the defense and testified that she first
became acquainted with Kessler in
February, 1884 He called at her
house three times prior to the shoot
ing. Knew Niebergall, who came to
witness house to see a lady who was
staying with her daughter. "Nieber-
gall never met Kessler at my house,
continued the witness, land it was i'm
possible for the two to have met at the
house without my knowing it. On the
night of the shooting l was down town
and at the Ensign house, which l left
at nearly IL o'clock and took the car
for my home, which reached at about
a quarter to IL. 1 had not been home
for week prior to the evening on
which the tragedy occurred. / met
Niebergall at the Ensign house in the
early part of that evening and he was
in an intoxicated condition. Niebergali
was sufficiently well acquainted with
my premises to be able to gain an en-
trance WitlOuL dSSlSCdIlCS lrUIH Will
in" Mrs. Binkley also testified at
great length as TO her relations with
the defendant and described her house
in detail. Her relations with both men
had been strictly moral, she said.
Mrs. Binkley was cross-examined by
Mr.. Whittemore, who put some ques
tions touching her habits, ETC., and
during the questioning, while answer
ing the interrogations emphatically
and readily, the witness was a little
nervous and was disposed to make
lengthy explanations of her answers.
No new information particularly was
gained, however.
OTHER TESTIMONY.
Norton Curtis, who is now serving a
term in the penitentiary for burglary,
was called by the defense, and said N
reply to Attorney John Lu Taylor, that
NiebergaIl, two other soldiers and the
witness had been drinking and carous-
ing around and that all of them were
pretty drunk about the time the shoot
ing was done.
DIR. Colborn said he would put very
little faith in the statement of a
man under the influence of morphine,
as Niebergall was when he made his
dying statement Morphine acted very
quickly on the brain.
At this point court adjourned until
$3.50 o'clock on Monday morning, when
the hearing will be resumed.