The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-28
THE HAYES CASE.
Testimony VIII Doubtless All BE in
BY This Evening.

BY This Eveniug-
PROVO, March 27.-The taking OF
evidence in the Hayes murder trial
was resumed at 10 o'clock this morn
ing. bv the defense putting ]. A. Pierce
on the stand. who testified-Live in
Eureka: was city recorder in February,
1895; remember reading letter in
February, which was handed to me by
the defendant.
Mrs Hayes was called to Tx the GATE
of receipt of letter in question. Inc
letter was shown the witness who said
she saw it first on February Is, 1895.
The letter is post marked at Provo,
February IA, 1895. The witness said it
was received on the 10th.
This is to show that Hayes was IN
Z, reka when the letter was received.
Cross-eXamined, and asked if she al
ways took receipts when she paid out
money. she said. yes.
Why did you get receipt nine
months after the payment of the
money in this case?'
Gould not get it sooner.
]. w. n. Whitecotton, attorney for
the defense, was sworn and stated that
lie wrote the letter in question and
mailed it the same day
Leo Armer testified-Live in Eureka;
was there in February, 1895. Am ac-
uuainted with the defendant, saw him
in Eureka on the 22nd Of February
and several days prior to that.
questioned, witness said he
was not positive how many days be-
fore the 22nd that he saw him. Was
not positive as to any other day. He
might have been gone a day or part
of a night, and witness not know it.
Charles Balch testified saw Hayes
in Eureka on the 23rd: that is the only
date / am positive about.
Mrs. Peterson was called to identify
q letter written by herself to Mr.
Hayes 1t was written on the after
noon of February Il, 1895 and mailed in
PaYson.
Mrs. Hayes was recalled and testi-
fed that the letter was received in
Eureka at the same time the one from
Whitecotton was received.
THE DEFENDANT HAYES
was recalled and stated that he did
not leave Eureka in cart on the 18th
Of February / did pass Lombard S
place on February s. l was in a cart
and as L passed, spoke to Lombard,
jocularly, Come on, now; let's go to
the lake hunting" l never said to
Albert, C d. you, / have a notion
TO kill you and will do it." nor did L
grab a broom 10 do it with. Johnson
did not say to me: IF you touch him,
1 VIII kill you" Johnson was not
there in December-it was February.
The witness here corrected himself
and said, November"
Thurman asked witness why he was
always making mistakes, and say
February for other months.
1T is Just a. slip of the tongue
A juror asked witness where Albert
was shot Hayes showed upon his
breast the position of the wounds.
Mrs. Kinney testified that she saw
the defendant at his home in Eureka
on February Is, 1895; saw him again
on the 18th, am again on the 18th.
On the 18th l was doing some scrub
bling and was on my knees when
Hayes said to me, Pray for me,
while you are at it.
Cross examined-Was married in
1862 to John d. Lee; have knocked
around the country a great deaf; have
been in Park City and Idaho.
Here the attorney for the defense
stated that there was only one other
witness 70 be examined and he would
not arrive till the afternoon and a
recess was taken till 3 o'clock
On reconvening. the defendant was
again put on the stand and recited the
circumstances of buying the bar of
steel or iron spoken of by previous
witness. Witness stated that the iron
was bought the last Of March: bought
it for crowbar. Had the crowbar
made in a blacksmith shop. Witness
also told of enquiring for shot shells
On the 18th / did see Mr.. Lombard and
did not tell him just got in. 1 never
said to him, shake hands with an old
criminal" In February. 1895. we never