The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-09-11


tracted the bullet from near his spine.
Cross-examined, the doctor said in
jury TO the spinal cord would be apt
to produce paralysis of the lower limbs.
Mrs z. NJ. Staunton of Vernal, a
small woman clad in black, was called
She is the wife Of the Staunton who
testified yesterday and who was shot in
the melee. She testified to seeing Rich
ard Stanton when he was dying ana
after he was dead. She was then with
drawn for a time by Mr.. Evans.
Mrs Orilla Hatch was next put on.
Witness said she lived at Vernal and
was "a years of age. She went part way
up TO the camp where the shooting oc-
CURED. She accompanied Mr.. Staun-
ton TO Vernal from Dry Fork settle
ment. Staunton told her several times
on the way down that he was dying.
She nursed HIM at his own home
through till his death, and he often
repeated that he was dying. Staunton
had made a statement to her about the
shooting.
Judge Powers objected to the witness
stating what the conversation was, be-
cause no proper foundation had. been
laid for it. There had been no showing
that the man had given up hope. lie
quoted numerous authorities and rails
ed the further point that it had not
been ascertained whether a statement
had been reduced to writing or not.
Mr.. Evans said he would ask d few
more questions before he asked for a
ruling.
Witness said that Staunton said: Il
am dying, and cannot live; fan me-
When she tried to encourage him that
he might live, he shook ahlS head. she
took memorandum at the time. Be
fore she finished she had to so to him
and some one took up her memorandum
before she had time to resume it.
Witness had said to her: Tell them
that L. B. Coleman of Salt Lake city
was in the deal" He was not quite
sure of his initials. She asked him if
he had fired any, and he said yes. They
had rushed down upon them firing and
calling them to come out, you sons OF
BIS. He had got his gun and fired
once. Thought he killed the horse.
1 r. M. Davis of Vernal, a brother-in-
+ law of Richard Staunton, had been pres
ent with Mrs. Hatch when his brother
in-law was dying. Staunton had said
several times that he was dying. At
the time when Mrs. Hatch was present
and about which she testified he heard
Staunton say that Il. B. Coleman was IN
the deal, but that he did not know
whether Matt Warner or Wall fired
the first shot. He had got his gun and
he thought he had killed the horse
3
know whether Coleman or Swift had
shot them in the back.
He described the position OF the main
wound in Staunton's body.
He had seen Mrs! Hatch write the
dying statement down, and HAD kepi
it for her because she had had no peck
cts in her dress.
Judge Powers moved that the testi-
m0ny be excluded, because of tht
! aSyi S-fk Of Mr
Evans produced the paper with
the explanat ton that it was moi
/ signed, and would be offered simply as
a memorandum. Later Judge Powers
introduced the tattered sheet as a par
of the croSs-eXaminatio of the witness
Davis.
The memorandum written by Mrs
Hatch was in pencil and was finally put
in evidence, as follows:
Tell them E B. Coleman is in the
deal. City is in the deal. He believes
his name is E. B. Coleman says he
does not know who shot him but knows
it was either Mat Warner or Will Wall
that they was all together. Did no
know whether shot at our backs or not
that is Bob Swift and Coleman. Says
they come in and fired the first sho
and said come out of here you sun:
Of bitches, and says he killed the horse
After they opened fire he got his CUR
and fired one shot and killed the horse.
MRS. STAUNTON
was recalled and said she was present
when Mrs. Hatch was writing dowI
something Witness was withdrawn be
cause she could not say whether this
was the particular time about which
she testified
Mr.. Searles, a resident of Dry Fork
Uintah county, was the next witness
He recognized the map. Was there or
May s with Iowa Hall and Orson Hal
to make measurements and examine
the ground. His testimony was corrob
orative of that of Iowa Hall, relating
to the position of the dead horse and tht
showing made by the tracks as tt
whether the Coleman party had gal
loped up or not.
He was cross-eXamined by Mr.. Straul
particularly about the size of the horse
especially as to its height.
Mr.. Staunton was recalled and Elk
planned on the map the position of tn,
tent and the bed of the two men whi
were killed. The head of the bed wa,
toward the trees from which the firing
was done. The point Of this question
ing was to show that the men wer,
killed in bed.
PROSECUTION RESTS.
The prosecution here rested its case
Judge Powers asked if Swift would no
be put on and Mr.. Evans said no, nc
by the prosecution.
Mr.. Straup opened the case, explaining
the line of defense proposed.
E. B. Coleman and James Burton O
Salt Lake had become interested il
mining property in which Robert Swif
had, or claimed to have, discovered III
Dry Fork canyon.
Swift and Coleman were Investigate
ing, looking about for the best place
to make a location. Melton had tried
to hire out TO Coleman, who had de-
clined to hire him, saying that he ha6
all the help he wanted. Melton con
tinued his opportunities, and was ar
rogant in the extreme. Melton haC
said that Coleman would be sorry tina
he had not hired him.
Coleman had tried to get Melton tt
go away and not bother him Cole
man had said that Melton might &c
and make a location where he pleased
and Coleman would not bother him OF
interfere with him in any way. Mel
ton had continued to dog Coleman anC
watch his movements. Finally Mr.
Melton and the Stauntons had appear
ed at the Coleman camp and had beer
more arrogant than ever. Had de
manded first 81 ,000 and then $500 a:
pay for letting Coleman alone. Mel
ton and the Stauntons camped nea1
Coleman, and demanded that Coleman
go down and raise the money. Swif
was to stay at the camp, as Melton
objected to his leaving with Coleman
Coleman went to town, secured $125
Melton had directed Dick Staunton t
follow Coleman and see what he did.