The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-27

the TndlnS the harness III inc manu-
pile. 1t was the last of April, or 1t
might have been in June. The harness
he found buried was not the same
harness he saw IL the house in March
Mr.. Terrell was recalled for the pur-
pose of proving that the body had laid
on the bank for number of days.
Sheriff Brown was recalled to des-
cribe the harness found in the manure
pile. The harness was here produced
and put in evidence. A palr OF SHOES
was also produced and put in evil
dence.
Mrs. Peterson was recalled to iden-
tify the shoes. She stated that they
were Alfred Peterson's; he had no
other shoes that witness knew OF. she
saw one Of the shoes at the Hayes
ranch when she was there in March.
She found it on the pig pen.
An old black coat and hat were here
produced and identified by the wit
ness as belonging to Alfred Nelson.
Mrs. Anna Bennett testified-At one
time I lived at Pelican Point. l heard
Hayes call Ernstrum a G. d. son of
a b; I also heard Hayes say he
would kill him.
William Morris-I was at Hayes
ranch in December, 1894; saw Albert
Hayes there; also saw Hayes there
on that occasion Hayes told Albert
to go and get wagon cover to
MAKE A BED WITH.
Albert went and got the cover, and
laid it down outside of the door and
then went to bed in the cellar. The
next morning Hayes said to Albert:
You G. d son of a b., why didn
you bring that cover in as told your
HAYES then called Albert all the bad
names he could think of. Albert
turned to Hayes and said: You too
are every thing you have called me-"
of a b., 1 will kill you,' and at the
same time, Hayes grabbed an old
broom lying by. Andrew Johnson then
Jumped up and said: You old s OF
a b., YOU touch that boy, and L will
kill you"
On cross-eXamination. the witness
became very positive and when asked
il he believed in a hereafter, said yes
and that what he had testified to was
"as true as God made the earth, or
YOU are sitting there" This was SUI
ficient and the witness was excused.
Court adjourned till this morning at
$3.50.
OLAF CEDARSTROM.
On opening court at that time. Olaf
Cedarstrom was put on the stand.
Cedarstrom lives near Pelican Point.
He testified that about five years ago
he heard the defendant Hayes tell Al
bert Ernstrom: IF you allow them
fellows to move you off that land and
don't kill them, l will kill you" This
was in reference to the land in dispute
between Slade and Hayes.
w <. Henry, who was DEPUTY Unltec
States marshal in 1894 and 1885, testl-
fed that he served papers of restitu-
ton on Albert Hayes and Andrew
johnson. who We're in actual possession
of the land in dispute. Did not see
the defendant Hayes at the time
Sheriff Brown brought in an old and
bloody blanket, and an old quilt. A
piece of the quilt about eighteen by
twenty inches had been cut away.
Mrs. Peterson, being called to iden-
tify the Quilt and blanket, said she
saw them at the ranch when she was
there in March, 1888.
MRS. HAYES.
wife of the defendant, was called and
testified that the quilt was not cut
when he saw it there in February
but she did notice it on the SECOND
visit.
William Tyren testified that the
have lain in the lake a long time.
Sheriff Brown was recalled to des'
crihe the condition of certain things
found on the ranch. The quilt ano
blanket were introduced in evidence
and at this juncture the prosecution
rested their case. with the exception
of rebuttal evidence.
THE DEFENSE
went at once into their case and
stated. in effect that an alibi would BIZ
proved. and that it would be shown
that it was a physical impossibilitl
for HAYES to be the murderer
Attorney Whitecotton, on the par
of the defense. made the statement tC
the Jury TO the effect that the defens'
would prove that the defendant Haye:
was not at that ranch any time be
tween the 18th and 23d of teoruary
1895. Mrs. Hayes the mother of tn
murdered boy. for whose killing thi!
defendant is on trial, will testify tina
she was at the ranch on the 18th anC
returned to Eureka on that day, ant
that Hayes was there when she arrived
home and that she slept with the de
PENDANT every night between the It'll
and 23d. The proof will show that de
PENDANT was at Eureka on the 16t
and delivered a dress to custome
OF Mrs Hayes; It will also show tina
HAYES was in Eureka on the 18th ant
bought some goods which were charS
ed to him in the regular order. TIL
evidence to be introduced will SHOW
that the defendant was also in Flu
reka on til 21st The defense viii
attempt to prove that Hayes was il
Eureka every day and night between
the 18th and 23d of February. In fact
the defense will depend on an acquit
tai by proving an alibi. The defendan
Hayes will testify that he was in Eu
reka during all Of February, 1895.
Mrs Yates was the first witness 70
the defense and she testified that sh
SAW HAYES IN EUREKA
at about IL O'Clock on the 14th of Feb
ruary, 1895. Witness was present whel
the conversation related by Lombar
was had. Mrs. Hayes said in m
presence to Lombard, oh Lombard
they have killed my boy down there
they have murdered my boy She di
not say in my presence, oh, Lombard
Hayes killed my boy
On cross-examination by Prosecute
Thurman the witness related the con
versation in detail between herseli
Peterson, Hayes and Mrs. Hayes. Pc
terson said that he knew Albert Hayes
and knew that the body was his. The
Hayes said to witness, I'VE must kee
this thing quiet" / thought it yer
peculiar for him to say what he did.
Mrs. Hayes was next called live i
Eureka. Am the wife of the defendant
Albert Enstrom was my son. Durin
February, I was at Eureka part c
the time, and on the ranch a part c
the month / was at home i'm Eurek