The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-20


in Judge Hiles' division of the Third
district court. The feature of the day
was the examination of the defendant
who testified on his own behalf.
EXPERT TESTIMONY.
DR.. Witcher was the first witness of
the day. The doctor gave expert testi-
mony as to the effect of morphine on
the brain.
Captain Donovan was recalled, but
nothing new was elected from him.
DR.. ,Penrose was also recalled and
testified that Niebergall was told on
November &c, four days after the
shooting. that he could not recover.
The witness said he administered the
morphine to Niebergall hypodermically
and was quite positive death was
caused by the bullet wound and not
by the morphine.
Witness SquireS was recalled and
testified that Niebergall was under the
influence of liquor when he was shot,
but was not so drunk as to make him
oblivious as to what was being said.
Mr.. Malin also testified that Nieber-
gall was very drunk, but not what
witness would call dead drunk, and
that he knew what was going on
around him.
DR.. Mclean gave expert testimony
as to the action of morphine on the
brain.
Mrs. Marriott testified that the de-
PENDANT roomed at her house for sew =
eral months prior to the tragedy and
he always appeared to be steady and
respectable man.
Police Officer Siegfus said he had q.
casual acquaintance with Kessler and
nd 10 r. s1& II
person.
Mr.. Brockbank of Browning Bros.
was examined as an expert in gun
powder and firearms, and said that
when SO calibre pistol was dis
charged and laid in an open dry place
it would smell of powder for four or
five hours. If the weapon were put in
damp place it would retain the odor
for probably as long as "a hours.
Witness was shown a pistol from
which three shots had been fired
within an hour and he said he detected
the smell of gunpowder.
Raymond Curtis, who had served a
term in the penitentiary for burglary,
testified that he saw Niebergall with
two other soldiers on the night of the
killing and that they were all intoxi-
Gated.
DEFENDANT ON THE STAND.
The defendant was next put in the
witness box to testify for himself In
answer to Mr.. Taylor he said: I was
Sc years old last Friday; was born in
Hamilton county, Ohio, and lived
there for % years, when I moved to
Indiana and lived there several years,
1 can't say exactly how many. After
this / went to Oregon and Washing
ton. i first came to Utah seven years
L. i L. I
six weeks, when I went up into Idaho,
coming back to Utah in November,
1898. about a year previous to Nieber-
gals shooting, IND have been here
since. My business was formely that
of practicing physician until | be-
came unable to stand the exposure.
Then 1 sold books by subscription for
while and of late years have been
engaged in the manufacture and sale
of electric belts.
sold Mrs. Binkley SO belt, but to
my best knowledge l never saw her
but twice after making the sale
sold Mrs. Buckley the belt at Mrs.
Bakers, on Commercial street, and
delivered it to her there. The next
time I saw her was on the east side of
Commercial street, when 1 called to
give her instructions as to how to
clean the belt, which I had forgotten
to do when I sold it to her. That was
about 2 D. m
On the afternoon of the day On which
the shooting occurred. l went home
to my room at 1872 West South Temple
street, ate supper, and then went Il
the house of Mr.. Philip Adams, who
tended the furnace at the Galena block
After Mr. Adams had got his supper
somewhere near 6 o'clock. 1 accom-
panied him to the Galena block anC
stayed there with him till between
and 9 o'clock that night. Then 1 went
down to the Knutsford, and from there
to Main street along Third South
then UP Main street to GOdbe-Pitts
corner. and stood there till 1 heard tbs
city and county clock strike 10, anC
then went on First South to West
Temple, and l met a man near The
Herald Office, who stopped me. calling
me by name. 1 don't know who tbs
man was, be he seemed to know me.
/ talked with him there for probably
90 minutes, and then went north OF
West Temple street to South Temple
street, where 1 roomed. 1t was ther
between 1880 and II o'clock.
Will you say positively" asked Mr.
Taylor, that you We're not at the
house of Mrs. Buckley between 10 ane
II o'clock on the night of November
%. 1S94?''
Il was not" answered the prisoner
positively not; and call God to wit
ness it,"
The witness continued: The nearest
l was to Mrs. Binkley's on that nigh
was the Knutsford hotel. 1 had pre-
viously sold belts to people living cas-
of Mrs. Binckley's, and had passed Tn,
latter house several times in the trans
action of my business. | was called
in by Mrs. Buckley to see her ,daugh
ter, who was i'll. I called in OF my
own accord about a week later to Sc,
how the daughter was progressing.
staid there about five minutes, no
longer, each time. l have never beer
in Mrs. Binckley's house on any othel
occasion.
Did you ever meet Niebergall. Of
ever become acquainted with him?'
asked Mr.. Taylor.
Il never saw him in my life until
saw him at the fort
About noon on November %. the day
of the tragedy. continued Kessler, /
boarded the Liberty park street ca
and rode to Sixth South street. walked
up past Mrs Binckley's to Mrs. Well
house and back the same way walking
all the way down town. l had on the
particular boots" fitted into the track
by the officers, and my reason fol
going up that way on that dav wa:
that Mrs Wells had sent down to my
room saying that her belt was broker
and she desired me to repair it.
didn't know where Mrs. Buckley
stayed prior to or during that time.
am not night prowler and am usually
in bed about 10 or IL O'Clock.
Describing the circumstances sur
rounding his arrest. the prisoner ron
timed: I was in bed and sound asleeI