The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-29

Mrs Kinney was recalled and stated
that Mr.. Terrell was with the defend
ant when she saw him on the 18th.
Mrs Hayes recalled took a horse
weionging to Terrell to the ranch in
February. It was ON the ID 1 took
some ammunition with me for the boys.
Cross-examined by Thurman, witness
said she went to the ranch on March
Z The door was locked when / got
there. Rasmussen unlocked the door
in my presence. There were two coats
hanging on the wall. One was Albert's.
Don't know who the other coat be-
longed to. There was a pair of rubber
boots there. They belonged to Albert.
1 saw some guns there. L thought at
first the boys were killed. Rasmussen
and his wife told me not to worry;
they were all right.
Q.-On the 18th or 18th did you say
to Miss Ferguson and others that Hayes
was down to the ranch and you were
uneasy about him, and you had
mind to go and see what was the mat
ter?
A.-No; I did not
A witness for the defense, Mr.. Nor
ley, was not present to testify, but the
prosecution was
WILLING TO ADMIT
that he would testify that he made an
entry in his books against Hayes on
February H.
Mrs. Hayes was recalled and said
Hayes bought a piece of steel after he
had been to the ranch in March.
The defendant Hayes was recalled
1 conversed with the clerks in the
store about the steel They told me
they had none, and sent me up to the
old McCrystal mine, where / got the
bar of steel That was the same day
I talked with Shoutz-the latter part OF
March.
IN REBUTTAL.
The defense here rested their case
and the prosecution called Mrs. Yates
for rebuttal She said-I remember
seeing the defendant the day after the
body vas found. He said to me that
he had a dream that someone was
murdered, and he was uneasy about
Caroline, and that was what brought
him home
William Terrell remember the 18th
of February, 1895. / was not at the
house of the defendant on that day.
never saw Mrs. Kinney on the 18th. I
never told R. G. Wilson that 1 had
been on Mrs Hayes track and was to
receive pay for it.
Re-direct-Mrs. Hayes asked me at
one time to sign a paper that l saw
Hayes in Eureka on the 18th and 18th,
and that she would help me in my
livery stable if l would do 50. 1 am
aware that it was rumored at the
time that I was implicated, and on that
account I have taken an interest in
getting at the truth. One of the MUIR
dered boys
WAS A RELATIVE,
and on that account, too I took an
interest in it.
Miss Maggie erguson-Resided in
Eureka in February, 1885, 1 was at
Mrs. Hayes house in Eureka between
the 14th and 18th, and she said to me:
Il want to get a horse. Mr.. Hayes is
at the ranch, and 1 am uneasy about
him. I fix the date as between the
l4th and 18th, because there was a Val
entine dance on the 14th and my father
died on the 18th.
Mrs. Hayes was recalled and asked
If she had a conversation with Miss
Ferguson short time ago, and in
that conversation you said to her, Did
YOU see Mr. Hayes here on February
1872 And she said, No And you said,
Think over it; you will be paid for it.
There will be lies sworn to on both
sides?'
Answer-No.
Miss Ferguson was called and asked
L
her as above. The answer was: Yes;
she did say, There will be lies told on
both Sides and she told me 1 would be
paid for testMying."
Miss Ella Jacl1man was with Miss
Ferguson at Mrs. Hayes between the
14th and 18th. when Mrs. Hayes asked
for horse to go to the Point. This
witness was subjected to a rigid cross
examination, but her testimony was
not shaken. She said that Mrs. Hayes
got her mothers horse to go to the
Point, and the horse came back alone
Mrs. Field testified to having had
conversation with Mrs. Hayes on the
18th of February, 1895, wherein Mrs
HAYES said she was getting ready to
go to the Point. When it was men
toned that it was cold for her to travel
she said maybe Hayes would 60
Tom Fowler know where the Hayes
ranch is Ii would take about three or
three and one-half hours to travel from
Eureka to the Hayes ranch; unless it
was extra bad it could be made in four
hours easy.
John Hanson was recalled to show
the time it would take to travel the
distance.
Objected to by the defense, and long
argument on this point was made.
Overruled, and witness said it would
take four hours going up and three
and One-half hours coming OOWn
Olof Holmstead testified-I knew Al
bert Hayes in his lifetime. Have
known him all his life. live near the
HAYES ranch. Never had any difficulty
with him.
Objected to and sustained.
jackson McCrystal-Hayes got
piece of steel from me about the 2Sth
of February or LIST OF March.
Mont Roberts, the court stenographer.
was called and stated that he made
stenographic report Of the proceedings
of the coroner's inquest on the body of
Albert Ernstrom. 1 heard the testi-
mony of the defendant. He said that
Guilt was made for him. He said 1t
was at the ranch when he was there in
February.
This transcript was offered in evil
dence and objected to by the defense.
Overruled, and the prosecution rested.
Mrs. HAYES was again called by the
defense and said: 81 had a conversation
with Mrs Field about the I'd and 21st
of February in relation to getting some
groceries and going 10 Pelican Point"
THE DEFENSE THEN RESTED.
Prosecutor Cash and Associate
Wedgewood made the opening argu-
snent
The arguments will rot be concluded
before Tuesday evening, and perhaps
not so soon as that.
OTHER NOTES.