Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-10-19

10. wilchtr ~ tue nrsi witness this
morning gave sKport testimony on tho
81 cts VI mltpAi..
Captain Donovan wts recalled by
lhu uulonse ami testlfeu that Oficsfs
Y cum aud Gillespie were on uuiy ~
the twV bcais which meet at the kuuls-
iOfd hotel en- what u known as ths
"altcfnoon sni 1" on the Jay OF the
shooting. Witness had on iudlsginct
recollection o. having h,afd some one
fay they saw DE- kUsslur at the X nuts-
ford that evening, tut could uoi say "
u WIS one VI the 0filcefs, who we're
nuiiher uuo now on TOO force.
Dr. Penf0sn was fcca led and teiii.
he'd that on tbe l6.h oi November
NiutefgAll was in'6fmed that ho could
not live. TOTS va, two days ansf me
ltcfascd's ante -moTlgm statement was
iakuu.
Witness rqulros vas aial recalled,
And lUr tho ~ uhso testified that Me.
bsrssll was under the iLnupHcs u
liquor ia antwtr 10 ctnss questions
BY cue pfost optiIu, witness -at1 the
wounu0d aoldisf undefstq0d what was
being taid 10 him aud Whist he was
himself ssying.
WAS NOT "DEAD DRuSK"
Mr.. Malin saiJ. upon question from
tho jciubsr, that tho s0luicf was very
dfunk VI tnu time he saw him after hu
wEB shot, hut IN answer to Mr..
NhittumUTo witness said NiebeTgall
was not wat he would call "deai
dtunk," and was conscious Of what
was uuing on around him Nhen he
tAid "Dlc.p did Il.
MTs. Marriott testified that the de-
icndant occupied a room IN her house
foT several months prior 10 the tragedy
anu that he always appeared TO her 10
he man OF very stVafy and peAeoAble
habits and u q uoi citizen.
DR.. Mclsalno gave oxl EFT testimony
on tho effects Of moTphia aud nis
OpinioD was tho came A. that Of tho
other physicians who have testifisd In
/ thr case.
onis,r si,giu., "Hones, Ben." ts.ti.
fivd tuaI he saw and spoke TO tn. do
iendant on tho streets aud also visited
nis room once. From conversations
hAd with the prisoner witness should
Judge him - be q peaeeable maB.
On Cross cxamination witness said
bic impf,tslons were the results Of
casual talhf; ho was not well aequaint-
I'd with tue defendant.
ouSr0w DER EXPERT.
NiT. Bfockbank was called by the
| defense anu testified that he was em-
I pluyud by Browning Bfos., AnI had
| considerable experience la handling
nleAfms anu IA tho use OF gunpowdeT.
Witness had recently made several
| tests with 3s'caliuer pistoi aud had
found that wnen ,uch q weapon had
been nfod apd laiJ In an open. ufy
/ place, tho burned powder could bv
! tmelled between tout anu fvs hours
alter " tho pistol were put In . clo,s
/ place or exposed 10 damp atmosphere
| evidences Of lie having been fred
could DO detecttd for rs long n twenty.
iouT hours afterwards.
w tness was here handed q pistol
/ ffgm which three shots had been
nfod within nh hour anu was asked ~
he could detect any smell upon this
weapon - indicating recent hrins.
Mr. BFockDank said no could ssIvll
gunpOw def. but ~ was not very strong
Onleer sheets was recalled but no
further evidence was obtained.
ANOTHER TX CONVICT.
Raymond Curtis, VINO last June
complete n one.yeaf sentence Ia the
State prison for burglary, was put IN
the box anu testified that no saw Me.
betgaii Ia company with two othel
soldiers on tue hateful night ami thai
they were all somewhat Intoxicated.
They were NJ Bakers boarding house
on Comuierclal street and withes,
afterwards Jaw them on Second south
street, saw the 1sieniant looking In .
winuow on Main street alter . O'Clock
70 night.