The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-09-15

Melton, was completed yesterday ana
the arguments begun. The case was
fought point for point, and more time
was taken up in the discussion of
legal points than on any other day.
The defense strove hard to keep out
the testimony showing that Warner
was man of many names and had
been in serious trouble several times.
They. succeeded in keeping back most
of the questions relating to his other
troubles. but several admissions to
his various aliases were secured.
Mr.. Coleman passed a very trying
day, being manifestly i'll the entire
time He lay propped up in an easy
chair,
HIS FACE FLUSHED WITH FEVER,
which increased as the day wore on.
His wife was hardly absent from the
court room a moment, and when pos
sible sat beside him, tanning him.
Once the court took recess TO allow
DR.. Gordon to make an examination
and prescribe for the sick man.
The horse hoofs introduced in evil
dence as coming from the dead horse
were rather damaging bits of evidence
as regards the defendants. They were
positively identified by several witness
ses for the prosecution in rebuttal as
the ones coming from the horse killed
in the firing.
Wall SAID the horse belonged to him.
and was unshod. The defense laid
great stress OF the conduct of Melton
in bounding" Mr.. Coleman, and Mr..
Straup made it the keynote of his argu-
lnent.
On the opening Of court, Matt War
ners examination was resumed:
First saw Swift between Staunton's
tree and the tent. The witness ac-
count of the shooting was much the
same as that of the other two defend
ants He was quite clear and positive
about most details. Had told Swift
thai he was all right" and to go over
by the tree and see what Ike Stanton
was doing. Coleman was away behind.
Milton asked where Coleman was and
was told back there. Milton then
said: He knows better than to come
UP here" Did not talk to Dick Staun-
ton for a time.
His story Of the next few hours when
he was caring for the men, was much
the same as that previously given.
Milton had said, often, that he did
not blame any one except Coleman
Witness rode Swift's gray horse back
TO Vernal. Heard Marcellus Pope ask
Dick stanton who fired the first shot,
and heard Dick say, Ask our LEADER
pointing to Milton.
Milton replied when asked that ques-
ton, TN take my dying oath that
Warner and Wall were not to blame
Witness and Pope rode on ahead of
The wagon to Vernal; got some NOR
phine and met the wagon. He then
took Wallis place in the buggy, and
brought Milton down. Next day Mar
cellus Pope said: You fellows had
better make out a. complaint against
yourselves
Witness said he did not know how
to proceed about it, but went with
Coleman to see the justice. Witness
was not personally acquainted with
Milton nor the Staultons. Dick Staun-
ton had said after the shooting, IF
that telescope had not been on my rifle
I'd have got you the first time" This
was while witness was waiting on him.
Cross examined, witness said he was
born in Ephrainl, Sanpete county, in
1864 Went to Arizona when about 10
years of age with his father. Came
back and hired out to go to Brown
Park, Utah, with cattle.
Mr.. rvans-What name did you go
under there?
Witness went under
Judge Powers objected and Mr.. Evans
explained that the defense had put the
man on to show how his name had
sen to Matt Warner, and, therefore,
the prosecution had q. right to go into
it to show that the defendant had used
various names.
Mr.. Powers said they might inquire
only so far as their questioning per-
tanned to the name of Matt Warner.
The question was allowed, the de-
tense emphatically protesting.
AT Browns Park, witness went under
the name of Matt Warner.
Went under name OF
RAS LEWIS, IN OREGON.
Ee got this name by having a race
mare named "Cayuse Molly
Was arrested once there for furnish
ing horses to men who robbed a bank.
The defense objected vigorously to
this line of questioning on the ground
that it was not proper cross-examina-
ton.
Exceptions were noted to all the
rulings of the judge on this point
Most of the witness answers were
given before his counsel could object
Isn't it a fact that you knocked the
jailer down with beer bottle?"
mo, SIR
Ever shot any one before?"
NO SIR
Were you ever shot? What is that
mark on your forehead?"
Judge Rolapp sustained an objection
TO the questions pertaining to witness
personal appearance.
do you know Tom McCarty?''
YES"
Know Fred Mccarthy"
NO
''Billy?''
Yes
Witness said he had paid a fine
once in Vernal because he was trying
to stop a row.
Was trying to stop George Hughes
from shooting.
Had complained on himself 10 the
justice and been fined. Did not shoot
at the city marshars feet
Were you ever arrested for shoot
ing the candles out at ball in Yer
nal?"
No"
The witness answered all these ques-
lions quickly before the protests of his
counsel could be heard.
Did you shoot a man in Ellens-
burg?"
No"
Witness said he was in Star Valley
where he went by the name of Will
lard Christensen.
Saw Mr.. Coleman about two months
before the trouble. Introduced by Bob
Swift once when near McConnell's
place. Never saw him again until the
day he hired out to him. Did not &c
back to Goslin mountain, May 5, be-
cause he was waiting for some assay
from McVickar. Got them May 5, but
did not go back at once.