Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-10-17
WOMAN IN The CASE.
Ms. Buckley T,sul.s IN The Trial
Of doc " Rtssl,r.
MORE MEDICAL rxrgRrs TESTIFY.
Nab rssll's Dying staten nj Admitted
Ia Evdesce-Ailruipt In Dis.
CT. dlt It, Btl4b Ivy.

luuhy WIS tAo lcsilmuuy OF Mff.
Blnckley, thu much.talksd.of woman
IA the case. In tho Introduction by
the defense OF expert medical tell.
mony II will DO esen that an effort 10
being made either to iisotoiit Nolbef.
gnl.'s dying statement or u Indicate
that his death wac tue possible result
Of morphine.
Captain Donovan, Detective Sheets,
Chief Pratt and O1iost Roberts wsre
put In the late yea ofiay anu testified
tnat tho tracks arouni the house were
rompsrcd withlIsstlei's boots and they
were found to tally; tbat the pistol
was found Ia the satenel aud An empty
shell In tho stove, etc.
W. q. Young, stem gfapher. testified
that he look the testimony In fvgAfI 10
NiebeTgnlPs dylug statement nj the
former trial, and tho statement was
rut Ia evidence In tint ttial. Since
then he allowed A. Is. Elder, attorney
tor koslsT, 10 take II aud witness had
not seen " sincp.
Mt. Dtnnia Eichnor tcatifioI that he
took tue dying mans statement, AMI
that NisboTsnll was iu u perfectly ecu.
Hcluus statr when he did 10.
Niubefgall'a accusation OF kotslet
was while tho latter was siandiug at
tho foot OF Tue jealh bed. Chief Pratt
hshcd the Wounued mAu n hs aul1
pick gut Ito man who shot him. ME-
bolgalIs eyes went from ole 10 tue
other u the groups until they tsschud
kusslor anu rested there. kessler
s1uok hi head a. tue dying man And
1 NHaU a.
/ be- quiet, when Niebofgali said.
"rhefe's The man ihst shot me Gown
like u rabbit The prosecution Oh ted
tuTut tht transcript VI this dorlau.tion
In evidence, tut Mr. Gt 9dwin Ter the
defense objscied aud bis houor took
/ he matter under ndviretnoui. Tho
adnission % thisuiatement IN evidence
10 the former lfiai was ruled upon by
tho Huptomo o4uft ns Icing au error
tutiicient 10 cot aside tue TRIAL courts
| ruling, Tor tho reason thst by tho
action Of Chief Pratt In compelling
| kcirler TO keen quiet tina ptlapuer was
placed uuJvr autes,, HId suufegusut
statements o! the dying nan iuld LOT
DO competont vvids nco b. cause ksssisf
MAS tustfAinsi ttom MAILING any
cuuuter abatement nttbe TINS VI anI
10 answer 10 tue accusation.
Judge Hiies this morning oveffuled
The objection n tho defense 10 the adj.
mlsslon Of the transcript O. the Tying
declaration Of NirbersAll And Mt.
GOODWIN saved an exception. This
utionso then moved g. strike out GER
tain portions u thu statement fi0m
ono evidences aud the mellon was over.
| ruled.
Ma. 4 chnoT was ofSss.txaminsd by
1 L. 90 -.
taxing NSiUeIgalp4 dyiAg statement
anu tho NAME conuiliDn with refer
UuUu O. mental CONSCIOUSNESS At thAt
uult; slsI ~ 10 the soldiers bellei Is-
gafsiug Tho hereafter
SirugRoALL's DYING STATEMENT.
Toe Gyinf staiemsnl OF Nicboggall
vas Irau 10 the jury ~ follows by Mr.
Mhii,em0ft;
"Fort Douglas, utsh, November "a,
1894, s;fB y. IN. |, frederick Nieb0f-
gall, waH born Ia New Y.fk cay. 1
val 10 70 yesrr ~ sgu ntEs Juue.
Have resided q. FJfl Doug Lac, Utab,
Tor more than one year. | am con-
sriunn that | am dying. thefsfaro
make this my dyiIg statement OF tue
shooting etisit gu the night OF the 22nd
day Of November, 1894. II Mrs Binek-
ley'- house, Salt Lake City, Utah
Territory, On Tuesday nigDt white
pretty we'll under the influence OF
liqu1r l went to her house. 1 went Ia
tue bach door, beng the kiichen door.
| met a gtay.bnardrd man, tho man 1
Identified the other night being
Nilh Chief Pratt, known ~ Dr. htss-
Ter, Tue doctor, 'NhAt In he'll do you
WANT I said, Il nm tolng 10 take u
rect lie, Ia. doctor, fired three shots
al me. Ono shut took tii,ct IN the
slomaoh. IL wss light Ia the room.
Tho tht Oling occurred IN tho south
west room. tau into the kitchen ang
iVll. got up, foil against the wall,
punched tho windos out and Jumped
Out. 1 was uAEed-that 10 Tho rtasOn
Jumped through tue window. The
doctor ian tuI through the kitchen
inof. An Old lady followed him out.
| think Il was Mrs. Binckloy. She
-cfsamei and reeognizui her by her
voice. know her well. l am
acquainted with Doctor krssleT. 1
mel him twice NJ Mrs, Binek ey's
house and once al the salvation Amy
barracks.
lsignoi.l
"FREDERlCH NiRnERuALL."
Here the Prosecution rrsled It's case.
"DUc" pID IT.
Mt. Malln was recalled by tho DC.
ieute and tesiined that after he dis
covered Nitbergall he asked IN.
wounded man VINO shot him, and no
replied, III mover tqueal, but Doc was
toe man that old IT," DID not say
"Doe Wallaoe."
An OLD MAN.
Mt. Squlres was also recalled aud
gave ooTrobofstiug testimony Of thu
assertion Of Niebergall that II was
"Doop that shot him, and Rdutd
iuftheT that the wounded mAn said MS
Assailanps other name sounded some.
thing ike Wallace aud that no was an
old man.
MORE EXPERr TESTIMONY.
DR.. James AiillifcD VIA called by
the defense ana testified as ~ ma
altundano. on Niebergall Immediately
after lhe shooting and before the
iitt ambulance arrived. Tue witness
also tvalitied ne TO the q fleet c ( mlTphia
upon the mental fscultlei; hts pfaoiice
iil not Justify tue proposition that
, mltphia nss y cumulative tieot when
; administered al intervals. Mitnea, dId
not particularly notice the clothing ol