The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-02-28

June. 1896. and that the witness had left
him last December because Buetler had
told her 10 go. She had been out in
the early hours of morning and supposed
this to have been the cause of Mr..
Buetlers command They met one an
other several times afterward and Buetler
wanted her TO return, but they could not
agree. She denied that she ever knew
of him having any property
Did you ever say to other persons that
Buetler had property which his flrst VIE
No, because l never knew that he had
Did he ever have any money to your
knowledge"
Yes, some. "
WHAT amount2"
Il don't know
money if you knew approximately of no
amount"
7 knew he had it. that's ALL
This closed the examination of Mrs.
Frank Bowring. conductor of the car
which passed the alibi sleigh. and Joe
Bush, motorman of the same vehicle,
both testified that the sleigh was passed
about 9:25; that there were three men
in it; two horses were drawing it and one
was tied behind.
CERTIFICATE OF AUTOPSY.
DIR. Beer was called and submitted a
certificate of autopsy performed by him
self and Dr. -Penrose. II was delivered
livering it TO the court. asked permission
to lay 1t before the jury without COM
ment. The request was granted and the
document went back into the keeping of
Justice Margetts. IL was ascertained
that the certificate claimed the cause of
death 10 be from commissions. 1t was
marked Exhibit A. and filed.
Joseph Haslam corroborated the testi-
mony of the street car employees and
Mulholland as TO the hour the sleigh was
seen. disagreeing in every particular from
the evidence offered by Mitchell.
RICE FEARED TO CRIMINATE HIM
SELF.
The last excitement of the day was
brought about by the appearance of John
Rice. After giving his address as North
Temple between Eighth and Ninth West
streets. he refused TO answer the ques-
ton: Did you know Fred Buetler in his
life-time?"
II don't want to testify on the request
of my attorney" was the way in which
he put Il.
Justice Margetts asked if it was be-
cause he feared to incriminate himself.
Yes, said Rice.
Instantly a murmur passed over the
crowd. Attorney Hamilton, who may
decide to take Rices case, realized that
a very bad impression had been created
and offered TO elucidate the matter. He
said that the prisoner was acting on the
advice of counsel who did not wish to
see their client misrepresented through
the columns of the daily press. He did
not think that Rice fully understood the
purpose of the courts statement and
question.
The advice of counsel is no exemption
for the defendant" interrupted Justice
Margetts.
This is at least an unusual procedure"
persisted Hamilton. THE prisoner cannot
be forced to testify neither does he in
criminate himself by such a refusal. He
may be acting on advice. You can send
him to prison if he refuses, but do moth
ing more. With your permission | will
ask him a question 1t was granted.
and Rice was asked whether he was
guilty of the crime.
No" was his answer.
MRS. BUETLER. RICE AND MITCH
ELL HELD.
Mr.. Van Colt then submitted his case
and it went into the hands of the jury
at 1870 o'clock. They We're not out over
20 minutes and rendered a verdict which
recited briefly the principal points of the
crime and concluded with the statement
that the evidence was deemed sufficient
to implicate Harriet Buetler. John Rice
and Elvin Mitchell in the commission of
the deed. recommending that provision
be made to have them safely kept. The
prisoners were then remanded to the
county authorities to await the action
of the district court.
The police are not fully satisfied that
and are now on the alert for another
suspect. However. it is believed that
Mitchell is fully cognizant of the con-
Spiracy to commit the robbery and muir
der and of the persons who were engaged
in its execution.