The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-09-13
THE SHOOTING Of PERJUE.
TESTIMONY IN TIE MILLS MUIR
DER CASE.
Bartender and Other Witnesses Give
Accounts of the Trouble = Mills
Fired When Periue Kicked at Him

Junction. Utah. Sept. 11.-After sum
murder case Il men were secured. the
last one being accepted at about D.
m. today. The names of the jurors are
as follows:
None Morgan, T c.. Smith, Elmer
Ney, c. P HUMPHREYS, George a.
Brown, John Steen, Charles D. Johnson,
j. E. Petersen, Christopher Kottl1e,
John Whitaker, James Thomas and c.
L. Elder.
On agreement between counsel. the
witnesses not testifying were excluded
from the court room.
County Attorney Page opened the
case for the state by brief review of
what the prosecution will attempt to
prove. @. w. Powers announced that
his statement of the case for the de-
Tense would be made later.
Ben Reynolds was the first witness,
and testified substantially as follows:
On the 9Th of July last he was tending
bar in the Stewart saloon. MarYsyale.
Harry L. Mills came into the saloor,
and stated that some one had shot his
dog and he would give $40 for Informal
ton regarding the shooting. Alb Pc
tersen seemed to regard the remarks of
Mills as being addressed to him and re-
scented them. A quarrel ensued between
the men and ungentlemaniy eDithets
We're exchanged. Just then E. NJ Pc
tersen told his brother Alb to smash
him" at that iuncture John Perjue
came from the billiard table and said,
Let EN- fight"
The quarrel was then transferred to
Perjue and Mills. The latter told Per
jue that he [Mills) was too small man
to fight him, but he would make himself
even and fight him. Perjue then Crap
pied with Mills and with his left hand
pushed him against the east wall Of
the saloon. Sheriff Stocks then came
and separated the men.
WOULD FIX HIM.
Reynolds then testified that Mills
hurriedly left the saloon and went over
to the Lyon store across the street and
said as he started out, ''I'll fix the long
legged s of b." In a moment or
two Mills returned and passed down
the south side of the saloon. Presently
the alteration between Mills and Per-
jue was resumed. Per1ue accused Mills
of having a gun, to which Mills replied,
Yes, and I'll use it, to-" Mrs. Mills,
the wife of Harry Mills. came into the
saloon and attempted to persuade her
husband to return to the store. Mills
/ refused to go and Mrs. Mills retired.
STORY OF THE SHOOTING.
Andrew Sargent was called and tes-
tilted TO having been present at the
homicide. He related how Mills and
Payne stood facing each other during
! the alteration. Mills kept his right
hand in his pocket, lightly, with the
( hnuckieS exposed above the pocket
! He first heard Mills say: I'll go out
with YOU and fight you any place or
in any way" Perjue replied: Harry,
this is child's talk" The quarrel CON
| tinued and Perjue applied an offensive
epTthet TO Mills. Mills responded with
a like epithet and Pecjue gave a strong,
vicious kick. which Mills narrowly es-
capped and almost simultaneously Mills
! fired. The kick was directed g. little
to the right of the front of Mills.
Cross eXamina tion-Perdue was q
strong. athletic man and kicked vic
! iously- He was standing still, or,
rather. as he kicked some one pulled
! him back-the sheriff probably They
most simultaneously. Both were an
CRY. The right side of Mills was a lit
! tie inclined toward Perdue as the lat
! ter kicked.
The witnesses. William Hardy. ". II
Mcintosh and William Warnock gave
| substantially The same evidence. The
cross examination by the defense up
set more or less the details of the tes-
| timony
Emanuel Poulsen, after giving the
! details of the homicide. was bonn
barded by a scorching cross examina-
ton. AS there were flaws and contra
dictions in the testimony the entire
preliminary examination was offered
! in evidence. 1t was elected at the
cross examination from this witness
that if Sheriff Mills had not pushed
Perjue backward, the kick which he
aimed at Harry Mills might have bro
| ken his neck.
Mr.. Alma Straw. the next witness
testified that the sheriff had requested
witness to help him take care OF Mills
in the progress of his angry quarre
with Periue, but he jerked away from
him He did not tear his vest.
| G4I1Tl TgTE,G QuEGVTlIONY