The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-25

PROVO, March 24-The venire
for ten jurors issued yesterday by
Judge McCarty, returnable this
morning. brought in the following men
who were examined as to their quail
fication and accepted: f j. Salisbury,
Provo Bench; Louis S. Robinson, VIM.
NJ. Frampton, Pleasant Grove; Samuel
Greenwood ana Joseph Wild, Ameri-
can Fork; r. c. Kirk nod, and j. c.
Bishop, Provo; D. c. Huntington,
Springvilie; Samuel Cornaby, and John
Moore, Spanish Fork. Samuel Cornaby
and Samuel Greenwood were called to
the box and examined and passed for
cause. The state challenged Green
wood and the defense excused Corna-
by. Louis S. Robinson and Joseph
Wild were Their called and both of
these men were accepted and sworn.
This completed the panel OF twelve
and all the balance summoned were
excused
THE TWELVE MEN
constituting the jury to try this case
are; John D. Halliday, A j. johnson,
j. F. Woodward, Hanson Walker, jr.,
Joseph E. wilkins, George A. Finlay-
son, George Montague, John S Park,
J. J. Mcclellan, s. r. Cushing, Louis
S. Robinson and Joseph Wild
Associate attorney Wedgewood for
the prosecution made the opening
statement to the jury
Mr. Wedgewood described the prem
1ses Of Hayes at Pelican Point very
infinitely. They are situated on the
west shores of Utah lake; part is un-
der cultivation and part in meadow.
There is an entrance to the place on
the south side The house is about
twenty steps from the road and, fence:
1t is one story cabin of boards. con-
tanning only one room about IA by 16
or Is Ire door is on the east side
facing the lake. There is also a win
dow on the east side and one on the
south. A roof covers the entire west
end of the corral. West of the corral
is a haystack of lucerne; on the north
is another stack which is meadow
hay. This defendant, when he was
there in December made a potato pit;
some one also made beet pit. This,
Tn brief. is desert ,5tion of the place
in April, 1895, two days after the
body of Albert Ernstrun, alas Hayes,
was found. Coming to the place from
the north one would come to a fork
in the road, one road leads TO Camp
Floyd; the other passed Beck's springs
on down to Armsted's place, about one
and one hall miles south. South of
this still farther is Pelican Point.
Still on farther and beyond Hayes
ranch is the Cederstrom ranch. On
the 18th day of April a young man by
the name OF Barnes went over from
an adjoining ranch, on horseback, to
the Hayes place; tieing his horse to
the f5nce. he went inside: this was in
the middle of the forenoon. He was
there till towards evening. About 2
o'clock some wood teams passed the
place and all the young men in the
house looked out of the window at
them The drivers saw them. This
was the last time the three boys Ems
trum, Johnson and Nelson, were seen
alive. except by the man who murder
ed them About the 18th of February,
a nelghbor went to the place and
found the house locked and looking
through the window, saw that there
was no one around, and on the 18th
another person went there and found
the situation the same. From the 18th
to the 18th of February, it became
common report that these
BOYS WERE MISSING.
Mr.. Cederstrom visited the place on
the 4th Of March, and in company
with a Mr.. Rasmussen, looked over
the place. AS a result of that visit,
Mr.. Cederstrom wrote a letter to Hayes
telling him that the boys were miss
ing, or had been away some time, and
that the stock needed looking after
On receipt of this letter, Mrs Hayes
went to the ranch. Mrs. Rasmussen
stayed with Mrs. Hayes all night at
the ranch. After a light was lit and
before retiring Mrs. Hayes made
articles of wearing apparel belonging
to her son. The next day, Mrs. Hayes
sent Rasmussen to Eureka for Hayes.
Hayes would not go Rasmussen came
back on Saturday about dark. on
Tuesday following Mrs. Hayes went
home to Eureka, leaving Peterson in
charge of the ranch On building a
fire, Peterson found in the ashes two
clay pipes Finally, Hayes came to the.
ranch, afterwards going to Payson
and returning. He was there all the
time to April 18th, except on the day
he left with some posts, presumably
to 90 to Payson; but did not go there,
but went to Eureka. on that after
noon some sheep herders. while water
ing their sheep, found the
BODY OF ALBERT ERNsTRUM.
Marshal Kearns, of Lehi. was at
once notified, who sent word to coro-
ner Berg. who summoned a jury and
held an inquest. The jury found that
he had been murdered and adjourned
to get more evidence. 1t will be
shown that for many years back. there
has been trouble between this defend
ant and a man by the name of Slade
in relation to their land, resulting in
a lawsuit. in which Slade was the vic
tor and an order was made that Hayes
vacate a certain piece of ground. The
three boys were left on that ground.
and Hayes told them if they allowed
thems elves TO be removed, he
(Iayes)
WOULD KILL THEM.
An officer from the court removed
them, and on learning this Hayes was
very angry, saying, if he had been
there the officer would never have re-
moved them. On one occasion HAYES
picked up a club and told Ernstrum.
'G-d-you, will kill you" John
son said to him, IF you kill him, you
will have to kill me- too" Hayes re-
fused to go to the ranch when he was
told of the absence of the boys, say
ing: ID n the land; it is no good;'
it was not his, and the boys were no
good, any way. H maintained all the
time that the boys had packed up,
taken the chains, pillow and other
things and gone to Arizona, and when
suggested that they might have
been murdered, he would become very
angry and under all circumstances
Hayes had a ready excuse for the
boys absence. even to become very
angry If questioned. He insisted on
reading the telegram received by him
as from Pine Canyon point and only
gave up when the operator told him
was found by a Mr.. Peterson, and on
81 was human hair and blood and 1