The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-06-19
Was Aired in the Police Court
Yesterday.
TWO MEN AND WOMAN in IT
JACK DAVIS FEARED JIM LEE
WOULD MURDER HIM.
Tells How He Made n Talk For His
Life A DISTINGUISHED Witness
Saws That Lee is MadIy in Love
with His Divorced Wife and is
Crazed With Jealousy.

The monotony of melting out Jusfice
to Migrants and drunks in Judge Wen
gers court was broken yesterday py
a case against Jim Lee for threaten
ing to kill John Davis, bunk-mate In
wears gone by at Fort Douglas. There
was a woman at the bottom of the |
trouble, and she was formerly the de-
PENDANTS wife, but now bears her mai
den name Miss Mary Birkenstock, and
resides at 917 West North Ieanpie
street.
about a wear ago 1t was a somewhat
racy suit, and it is said that the wo-
man introduced evidence TO show that
at a point of a pistol he had attempted
to force her to kiss him. This has
nothing to do with the case yeSter-
day, except to- show something OF che
peculiar nature of the man who was
on trial threatening to Kill another
who was paying attention to wo-
man from whom the accused had turn
ed away
John Davis, a soldier at Fort Doug
las. and the man who believes Lee
ought to be behind the bars, was the
first witness called by Assistant Coun-
ty Attorney Pratt. Davis is nearly
twice as big as Lee, but indicated very
plainly that he did not desire to run
across the latter's tracks. He told his
story on the stand in about the follow
ing words: .
last Saturday in company with
William Pinnell, another soldier,
went to call upon Miss Birkenstock-
We met Lee at the house, and the lat
ter called me outside and said: You
s. b., you are going to see my wo-
man. He put his hand on his hip
pocket and l thought he was going to
shoot, so l lied to him and told him
l was there to call upon Miss Birken-
stocks daughter.
But now I want your honor to I'M
| derstand' continued Mr.. Davis, that
/ was talking for my life when told
| him | was going to see the daughter.
He said he was going to kill me. and
was not going to die that way. When
! j die ] want to do it in a natural way.
Was Lee angry?" interposed the
| judge.
well. I should say he was. He said
'D-n the law, I'll kill you anyway. y
Davis further stated that Lee had
asked him to call on the woman and
fry to readjusl. the differences between
her and her former husband as he
wanted to take her back to live with
him. In conclusion Mr.. Davis said he
was in fear of his own life. and was
certain that Lee would blow tnis brains
out if allowed to be at large.
Lee. who conducted his own defense,
cross-questioned Davis, and asked him
If 1T was not q, fact that he had made
a boast that he would ruin the daugh-
ter in the family, but Davis denied it.
Was it not a fact" said Lee that
when you came out and l asked you
about that story you denied it, and 1
slapped you on the chops and told
you I would defend the girls honor?"
No, SIR
William Pinnel1,i who accompanied
Davis on his visit to the former Mrs.
Lee, was next called, and corroborat-
ed the preceding witness on the points
of the threats, but saw no pistol.
The woman in the case was called.
She is tall, slender and not very hand
some. She began her story by saying
she was divorced about a year ago.
Messrs. Davis and Pinnell called at the
house last Saturday and there met Lee
who at once invited Jack out. She
did not hear any threats then, but Lee
had often warned her that he would
XIII any man who dared to call upon
her.
The defendant couldn't stand this
sort of testimony any longer, anc
broke in, You honor, 1 object to this
woman testifying against me. She il
treanherous and would do anything tx
) get me in jail
The prosecution ceased to question
and Lee took up the cross-examina
: ton.
, Now, madame, did l not meet yol
last Sunday night and talk nice anC
sociably to you?''
r Yes, you came and got down OF
2 your knees, cried like a baby ant
: wanted me to come back and live witt
t you-to marry you again. That's wha
: you did,
: Now, Marian, remember to tell tn
f truth. There is q God in heaven VIII
S hears all you say. Now, did you no
hug and kiss me for several moment
y and tell me that you loved me still?"
n why, / wouldn't think of such
- thing. Your honor, he looks like
; murderer, and l wouldn't think of kiss
n ing him.
n Minnie Birkenstock, the 14-year-ol
lie daughter of the former Mrs. Lee, wa
Y. next called, and stated she had ofte
s. heard Lee threaten to kill anyone the
Of would come near her mothers home
of Then the defense had it's inning Mr.
- Putnam, a neighbor of Miss Birker
4, =, stock, was called. She did not relis
IF the idea, and as she walked towar
a the witness stand she shook her fis
lg in Lees face and said, "Oh, I'd like I
lg slap your face for getting me int
he this"
10 She was asked by Lee if it was NJ
IL true Davis had told her he would Civ
$40 to Seduce Minnie Birkenstock.
mo, sir; and further, 1 don't kno'
anything about this case
W. B. Lowrey created consternatio
70 IN the prosecutions camp by testif!
= ing to overhearing a. conversation b.
- tween 1.-The women folks" who ha
~ previously testified to the effect tn:
,. Mrs. Putnam stated she had heal
Davis say he would give $40 for sedu
ing Minnie.
Mrs. Morris, an elderly lady, ar
hard of hearing, with whom Lee hi
been stopping for the past ten month
said she had never seen Lee in pc
d session of a gun. THE whole thing
just an Irish quarrel" she said "a
there is to it, is that Lee loves
former wife. and Is so jealous of h
that he is crazy. That's the whole stol
Ie in a nutshell"
-. The defendant then took the star
~ and told his side of the affair, denyi1
making any threats.
Il tell you what is the matter TIL
man (pointing to Davis) is a cowa
and a cur. He won't fight like a ma
but tries to sneak out of it,
III But, Mr.. Lee" rejoined the juds
Up you are now divorced from your wi
re and have no control over her actions
II THAT'S true, but can't forget a W
he man in a day or month. Davis pro-
~ ised me when we were soldering /
70 gether that he would never go wi
=, Marian, and see how he has kept ii
is After further war OF words /
lie tween Lee and his former spouse, t
judge announced he would take t
- loo el.-t-