The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-12-28

places. The unfortunate man died the
same day on the way to Salt Lake,
where he was being brought for treat
ment.
Lewis was arrested and there was no
doubt whatever that he was a raving
lunatic. He had an examination as to
his mental condition and was adjudged
insane and committed to the asylum,
where he remained until about q month
ago, when he was discharged as cured.
Upon his discharge the sheriff took
charge of him and he has been in the
county jail since awaiting his trial On
Dec Is he was arraigned and pleaded
not guilty.
AT the trial yesterday Assistant Coun-
ty Attorney Putnam prosecuted and
Lewis was defended by Attorneys Wells
& Brown. a jury was soon selected,
composed of the following gentlemen:
Samuel H. Conely. Andrew S. Gray,
Thomas A Smith, Edwin D. Crowther,
Nephi Hurkinsen, i. q. Hoffman, Sam
uel Seldom. John Watson, Robert w.
Campbell, James Taylor, Charles A
Harper jr., and Archibald Erskine.
Assistant County Attorney Putnam
tally in accordance with the facts
given above.
EVIDENCE FOR THE PROSECU-
TON.
The first witness called was w w
Wilson, justice of the peace at Sandy
at the time Gier was killed. Mr.. Wilson
said he was slightly acquainted with
Lewis for a number of years. On the
morning of the shooting Lewis told
witness that Gier had loaded a gun in
tending to kill him, Lewis. The de-
PENDANT. witness said. on cross exami-
nation, looked wild and was undoubt-
edly insane.
Mrs. Minnie Smith testified that
about an hour and a half before the
shooting occurred she saw Lewis in the
act of throwing a number OF trunks
down a cellar. She asked him why he
did that and Lewis replied by saying
that he didn't care to carry them down
the cellar. Witness was in Morris
butcher shop, about a block away,
when the shooting occurred. She
heard TWO shots and in a few minutes
she saw Lewis come out of the barber
shop with pistol in his hand Wit
ness further said that she did not know
Gier, but saw him as he was being
carried out of the shop about an hour
or so after the shooting.
On cross examination Mrs. Smith said
Lewis acted like a crazy man.
w T. Vincent said he resided at
Sandy. Had known Lewis for 20 years.
Knew Gier, too. First saw Lewis
throwing trunks down the stairway of
a cellar. This was about o'clock. An
hour and q half later witness said he
saw Lewis come out Of Gier's shop.
Lewis said, This man has come from
Montana to XII the sheriff of Salt Lake
county; that is me-"
Under cross-eXaminatfon, witness
said he would object to Lewis coming
back to Sandy to live.
Mr.. Putnam then asked the witness
why he would object to seeing Lewis
back at Sandy. Because answered
Vincent, he wrote me from the county
Jail threatening to Kill me-" Continu-
ing. witness said his relations with
Lewis had always been of a friendly
character.
Charles Cushing said he was a bar
Der and kept q shop at Sandy. Gier
was working for him at the time he
was shot. The last time witness saw
him alive was about 500 on the morn
ing of the shooting. He was then read
ing the morning paper. Gier died that
evening While en- route to st. Mark 8
hospital at Salt Lake. Deceased talked
to witness about his relatives and was
DESTROYS of having him write to them
Gier knew he couldn't live: he so told
witness and further said that he would
like to see the ''son Of n gun" that
Postmaster Wilson was recalled by
the prosecution and identified the de-
positions of Gier taken by witness as
justice of the peace, shortly after the
shooting. When witness first saw
Gier he was living on the floor of the
barber shop, suffering intense agony
GIER'S DISPOSITIONS.
Mr.. Putnam then read Giers depo-
sitions to the jury. They are as fol-
lows:
My name is Joshua A. Gier, aged
~ years. Was not acquainted with
Lewis; did not know his name l was
sitting in my chair, reading the paper
never had any trouble with him.
did not see him till L heard the first
shot. He stood in the door and shot
four or five times. 1 said, YOU
wouldn't murder a man, would you%
came to Sandy TO look for employment
My wife was murdered on the 25th OF
December, 1889. l do not know who
killed her, but suspected a party.
was engaged in raising stock. She ha6
her neck broke on the road by Gier's
ranch. My sister came for my child.
ren, and l followed after her [ saw
the man that shot me the other daI
driving a team. l never had any con
nection with him; that is my recollec.
ton. I know the man and can pick
him out, but do not know his name. ]