The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-17
THE FIRST ON THE GROUND.


and Daniel Dunno.
THE FIRST ON THE GROUND.
James Malin. who was the first to see
Neibergall after the shooting, was
called for the prosecution. Witness tes-
titled that he lived on the corner OF
Eighth East and Sixth South streets
diagonally from the house in which
Mrs. Buckley lived. He was awakened
on the night Of the tragedy by his
daughter, who had heard the shots.
Witness continued: 1 went over to
the BinciSley house and found Neiber-
gall on his hands and knees about six
feet away from the south window. The
soldier was shot in the stomach and
he was bleeding very profusely. His
trousers were off only that they were
hanging at his heels and / found a
piece of his shirt hanging on the win
dow, where it had evidently been torn
off. l searched tie wounGed man but
found no arms upon him; neither did
] find any upon the premises, which
/ also searched. ] sent down to a drug
store to notify a doctor and also the
police. Mrs. Buckley came around from
the front of the house shortly after /
first went into the house and l noticed
then that it was II O'Clock by my
watch. There was no one in the house
when l first went into it. The defend
ant was not present.
Cross brought out no
new facts, but on redirect examina-
ton the witness testified that he found
blood On the window sill near the win
dow and in the room, where he also
found evidences of a violent struggle.
HEARD THREE SHOTS.
John R. Squires, Z. lad of about 20,
testified that at the time of the trag-
adx 20 hnIca
mediately west of Mrs. Binklely' S
house. probably about five rods away.
II had just got in bed with my bro
ther," said the witness, when /
heard three shots, the first
two being muffied as if they
were fired in the house; then there
was a crash as of falling glass and /
heard the third shot, which sounded
louder. as if it were fired on the out
side Of the house.
Then 1 heard a man call Help.
Murder It's a cold-blooded muir
der etc. 1 partially dressed myself
and ran to the drug store on the cor
ner Of Seventh East and Seventh
South street 20 telephone for the po-
lice. / then ran TO Mains and woke
Gp the family, after which went to
Mrs. Malin's sons house. Then ! went
TO Mrs. Binklsy's house and saw Mel
bergall lying near the window and
covered with blood. He also had a cut
on one of his hands near the thumb .
Cross-examined the witness said he
saw Neibergall's hat in the house on
The floor had not noticed any light in
the house that evening previous to the
shooting.
DR.. PENRosE.
Dr. George H. Penrose testified that
for some years uD to July. 1894. he
was a physician in the United States
army. He was living at Fort Douglas
in November of that year and saw
Neibergall on the 18th of that month
and examined the wound which had
been made by a pistol ball. The missive
had entered Neibergall's body at a
point very near the center line of the
belly just about four inches above the
navel. The wounded man was attended
by the post surgeon and witness rec
commended the continuance of the treat
ment given, which included the admin
istration of morphia in small doses and
a little brandy. Death occurred from
the effects of the wound. which had
superirduced peritonitis. Was present
at the post moctem examination and
assisted in extracting the bullets from
the body of Ne5bergall. The bullet was
found to have dropped down in the
body below The point of entrance. The
bullet was slightly hattened at the
point from striking the eleventh rib.
which had been broken by the contact.
In life Neibergah was a well-formed
healthy man.
DR.. Penrose identified the ball by
two marks which he had made on il
at the time Of extraction.
On REORGANIZATION Mr. Taylor, for
the defense tried 20 prove that the
death of Neibergall was the result of
the ministration Of morphine. DR.
by some medical authorities that the
administration of morphine was some
times attended with what is known as
cumulative effects, that is, there is no
effect on the first. second or third
doses but on some subsequent dose the
effect of all would be manifested. This
was very improbable, however. and in
this case death was not the result. az
The morphia. The drug would have an
effect on some minds.
CAPTAIN DONOVAN.
Captain Donovan said he assisted at
the arrest of Kessler, who had his
boots on when taken in custody, and
the officers took one of them off for
the purpose of comparing it with the
foOmarks seen around the house and
on the walk where the shooting took
place. The tracks correspondent in a
marked degree to the boot, which was
very unusual and peculiar shape
Under cross examination Captain
Donovan's testimony remained un-
shaken.
DETE CTTvE SHEETS.
Detective Shs cts, examined by Mr..
Whittemore, said he helped to arrest
Kessler at 132 West South Temple.
where he roomed. When arrested the
old man said he had no gun. but on
searching the rjom one IVES found in
a valise hidden under the bed. i smell
IF powder and had the appearance of
having been recently discharged.
shell was found by the officers among
the ashes in the stove. Witness was of
opinion that KesSler said when the
revolver was found that it had not been
shot off tor two or three weeks.
CHIEF PRATT.
Chief of Police Pratt testified that
he took Kessler TO Fort Douglas for the
purpose of identification by Neiber-
gall. Witness examined the tracks
about the house where the shooting
was done and compared them with the
boot worn by Kessler at the time he
was arrested. The boot made exactly
the same kind of track as those on the
walk
NeibergalTs dying s.eseuent was
taken by Mr.. Eichnor. Neioergall was
in very weak condition when the
dispositions were being taken, but he
appeared to be perfectly clear in his
pcind.
Police Officer Roberts went with De-
tective Sheets to hessier's rom and