The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-11-21

The trial OF David FrauSnton ana
Will Bowdidge for stealing 10 head of
steers and five head of cows the prop
erry of G., NJ. Pace & Sons Of Summit
county. was resumed before Judge
Hiles and a jury yesterday morning
and occupied the entire day, and at the
close was not concluded.
VIII Bowdidge was the first witness
called and in reply to Attorney ]. NJ.
Hamilton he testified for the defense
thar he was simply employed by Mr.
Mitchie to drive the cattle and that
Mftchie was the man who offered them
for sale.
The other defendant, Fraughton, gave
similar evidence and stated that he
and Bowdidge were hired by Mitchie
to drive the cattle to town for COM
pensation OF 81 a day each. He said the
arrangement was that Mitchde would
meet them in Emigration canyon, but
in case they failed to connect, their
Instructions We're TO take tne nerd TO
the church farm Strengthening place.
where MLtchie was TO sell them. Wiz
ness had no idea that the ca'Ule We're
stolen.
Cross-examined by Mr.. Whltl-emore
the witness said that he and Bowdidge
were about to take a vacation and re-
main away about four or five weeks
and was on the way home to Ashley
when he and Bowdidge concluded 20
turn back and go to Tay1orsvLle and
get some more money from Bowdfdge' S
father. They went to Park City on
the way but the witness was totally
unable to remember how he spent his
money there and was disposed to be 4
little ugly. saying fslat he didn't know
whether or not the subject matter of
some of Mr.. Whtatemore's questions
was "anybody's business. But the
court instructed him TO answer the
questions. II was then that the wit
ness could not remember how his
money had been laid out.
Prosecutor WhitreGnore read the fol-
lowing cony of a letter which it is
claimed by the p5osecutione Fraughton
wrote 70 Bowdidge while the former
was in the county jail. The letter was
as follows:
Salt Lake Co, Salt Lake cCty, Utah.
Dear Friend BILL have got d chance to
give them Ghe -sheriffs) the hotfoot L
fit My cell mate is going with me and
if you can spare your gun let them have
it too. If l get away, throw everything
on me and clear yourself. The fellow
that VIII give tHlSSt 10 you Will Captain
things to you more fully. Believe me as
ever your old friend. DAVE
Don't fail to Go this, Bill
Fraughton disclaimed the authorship
of the letter or any other containing
statements of that nature.
After short consultation between
the defendants and their attorneys,
Messrs. Hamilton and Murphy, Roy
Maxfield was recalled. The witness
had testified for the state yesterday
and in answer to Mr.. Hamilton said
this morning that on the 10Th or 10th
of August last he saw two men driving
a bunch of 25 or 80 cattle down Porcu-
pine canyon The men didn't look like
Fraughton and Bowdidge because they
rode different horses.
In an,wer to Judge Hiles, the wit
ness stated that he didn't know
whether they were the same cattle as
those driven by the defendants, as he
was not close enough to distinguish
either the cattle or the men.
Several Other witnesses were exam
ined, but their testimony was unim-
portant
The prosecution then opened in re-
buttal, but one very important witness,
DR.. Harron, failed to appear, although
he had been subpoenaed, and bench
warrant for his apprehension was is
sued and court adjourned until tbs
morning.
Later in the evening Harron was ar
rested by Deputy Sheriff Gibbs and
will have an opportunity of explaining
his absence to Judge Hiles this morn
ing.