The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-09-13
Ogden, September 49,
A LIVELY DAY .
ADDITIONAL EVIDENCE IN THE
MURDER CASE.
Marlborough Case in Which Prose-
cution and Defense Work to the
Bitter End, Enlivened BY Lit
tie Nonsense Now and Then"


the other side yesterday in the trial OF
the alleged murderers.
Mr.. Evans got in some good work
cross-examining the witnesses for the
defense
The three defendants were on the
stand and Wall proved the most valu&
able witness for the prosecution. One
rather damaging admission was that
Coleman had called out to let Swift
alone, as he was all right. SW1tts IN
terest in the trial was made MANIFEST
by Mr.. Evans searching questions over
the way he endeavored TO smuggle a
note into the jail from CASSIDY anu
Lay to Warner. Besides showing the
interes. in the defendants, the ties llmony
or SW4tt proved the assertions mace III
The Herald OF Wednesday OF the exist
ence OF a gang bent on freeing " az
ner and Wall.
swift refused to answer until ADVISED
by the court that he must do so.
E. b. Coleman again took the stand
Motions cabin is about a mile from the
Dyer mine. That was about the z4tn Oh
25In OF April He never met Melton
before They stopped all night Win
MIR. Melton He talked with him on
=
ness. Melton said he knew OF Coleman
no IN DeadWood and told the latter tnat
he would know his father, Judge Melton.
Coleman sdlu ne nau hnOWn nus 1@lAeA-
Melton asked MIN for work. he SAD ne
knew all that country and thought ne
knew more ABOUT The country ana Wo Id
be of more advantage to hlm tnan
Swift. He got some foat on the reser-
walton, so that he made no claim 10 1t
u Melton
had run out of provisions and had TO go
down. and he asked Coleman to take his
blankets, and although he did not like
his company, he took the blankets
Swift had pointed out where he
thought the ledge was A place off on
the right of Badly mountain. On Sun
day after they got up there they went
into camp. Going up to where they
could, they travelled out Of the road on
was to prevent the Melton party from
following their trail. While getting
breakfast he saw Swift go off in a
particular direction, but was not sure
where he went. Swift was gone about
half or one-Quarter Of an hour Swift
said he had seen horse tracks, but said
nothing about seeing anyone. Correct
ing himself witness said Swift might
have said that he saw black object
both went out and looked around. Went
south and were suddenly accosted by
Melton and one of the Staunton boys.
They were twenty or thirty feet away,
in some bushes.
Melton said: 1--WE have found you.
1 found you first, didn't 1, Staunton?
Now, are you not satisfied that you
can not get away from us? 1t took US
an hour to find your trail in that place
] -l,o,.o 1af< 40 roo Il
Judge Powers urged the witness not
to mince words, but give the exact
language. If the ladies' did not like it
they must go out.
THE LADIES WITHDREW
at this stage and Mr.. Coleman detailed
/ the conversation more explicitly.
| Mr.. Coleman had asked Melton:
Now, Dave, what do you want me
to Go?"
IN let you alone for ten days if you
/ will give me $1,000
! Witness offered to give some money
! if he would enter into a written agree
ment. Melton had said: do you think
l am a damn fool?'
Melton became very abusive and used
a number Of disgusting expressions in
| the conversation.
| In effect, it was that Melton could dc
anything he pleased with the witness.
Witness was afraid of him. Melton said:
! Il suppose you think this is blackmaii-
! ing?' and witness had answered, 1T
/ looks like IT."
! 1t was finally agreed that he should
/ go down to Vernal and leave Swift with
/ the other party He left that Monday
and got to Vernal about oc ock Tried
to telegraph that night, but office al
the fort was closed. Witness stopped
I,-ia nd IA n
nal next morning and did the tele-
graphing to Burton for money and ad-
vice. Had asked Priest if he knew of
a good man or two whom he could get
to go up and help him to move camp.
Priest had suggested Sheriff Pope or
Marcellus Pope, his deputy. Mr.. Cole
man had said that lawyers had told
Mr.. Swift that this was case where
! the sheriff could not interfere.
Had been directed to Mr.. Warner,
who was near with his horse saddled.
Witness was afraid that something
would happen if he did not go back
that night and if he did not go back
with money when he did go back. When
! the matter was explained to him, War
ner had said: THAT is a damnable fix
/ to be in, for those men to hold you up
that way.
Warner thought at first that he could
4
his mine but had finally agreed to go
up if Coleman would get ready to go at
once. Coleman had said to Warner
that he did not expect him to do it for
nothing.
Mr.. Evans objected to the introduc-
ton of testimony showing the exact
terms of the bargain, on the ground
that it was self-serving testim my. The
question was argued at some leng tn
and the objection was sustained, so far
as it related to the detailing the exact
language.
Judge Powers tried to have it intro
duced for the purpose of throwing light
on the kilograms in evidence, aud as
showing the
STATE OF COLEMAN'S MIND.
The evidence was still ruled out, bit
permission given to deny in genelZ
terms what had been stated by tht
prosecution witnesses m this point
Mr.. Coleman continued:
At witness suggestion they took Wal
along. He borrowed $125 as described
and gave Warner and Wall 500 of it.
The two were to go up and help hin
move camp over to Warmers mine
then Warner was to help him locate the
mine and guard it while witness should
be down at Vernal making arrange
ments for working the property anC
communicating with Mr.. Burton.
Witness made no secret of what hi
got the money for He told Benion
who lent the money, and Priest, VIII,
went on his note. In writing the tele
grams he was assisted by the operator
He explained to the operator what hi
wanted to say and adopted the opera
tors language.