The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-09-18
Mrs. Mills Broke Down at the
Murder Trial.
TESTIMONY FOR DEFENSE.
DEFENDANT NEVER WENT
HOME FOR A GUN.
Witnesses Swear That He Had It Be-
fore the Trouble Occurred, and
Periue Was Very Abusive-A Girl
Gives Way TO Tears While. on the
Witness Stand.

Junction, Piute County, Utah, Sept.
15.-Juror James E. Petersen, in the
Mills murder case, had SO far recovered
from his illness that he was helped to
court this morning and listened to the
testimony of witnesses until about 5
o'clock this afternoon, when he was too
weary to keep up longer. Petersen was
a very sick man during all of yester-
day, causing much apprehension. DR..
Loring Of Monroe is attending him.
# c. Murray was the first witness
sworn this morning. He testified to the
good reputation of Mills as peaceabie
man.
Fanny Halliday was at the Mills resi-
dence, back Of the Lyon store, and tes-
titled positively that Mis- did not enter
the store or residence at the time that it
mas been believed that he left the sa-
loon and went TO set his gun.
Judge King made a vigorous and IL
genious attempt 10 break down the eY3-
dence of the witness, but her testimony
remained practically unshaken. The
strain, however, was severe, and the
girl broke into tears.
John Baler, jr., of Junction, saw Mills
have his gun in his pocket about 10
o'clock a. m and again about II o'clock.
Baler was very III and was sitting out
side of the Mills residence when Mills
came behind the store and returned to
the saloon without entering either the
house or store.
In the dissemination. Judge King
endeaVored to make the witness confess
that he was too drunk to know what
took place, bat the witness was clear
on the point in question
DEFENDANTS MOTHER
Mrs. Martha ]. Lyon, mother of the
defendant, was next called. She saw
Harry have his gun about o'clock on
the morning of the fatal day.
John Baler, sr., testified to the good
reputation of the defendant prior to the
time of the tragedy.
Sheriff Stocks testified positively that
when he met Mills in the street the lat
ter did not say, I'll show the G. d
s. of a b."
AN EYE WITNESS.
J. f. Gibbs was called by the defense
and gave a graphic account of the af-
fair, as he was an eye witness and had
endeayored to separate the combatants
at their first encounter. which Periue
resented. Mills did not say he would
make himself even with Perjue; did not
hear defendant use the expression, s
of a b." Witness stood nearest to the
combatants and heard all that passed
between them. Did not go to Judge
Sargent and say that there was go
ing to be trouble; that Mills had gone
for his gun.
Ern. Petersen testified: When Mills
was asking about the slayer of his dog
Alb Petersen said: You can't lick any
man that shot your dog" Perjue then
came and took up the row. Mills and
Perjue started to quarrel; Mills walked
backward; Perjue called him a vile
n T0fdD'f hnar Mills call PQFiIIQ
any name. Witness had been drinking
that day-too much to be steady.
PETERSON'S TESTIMONY.
Alb Petersen testified that Mills came
into the saloon and offered to give $40
to ascertain who had shot his dog. II
asked what he would do if he knew and
told him he could not whip any one
who did It. 1 don't remember epithets.
Perjue waved his arms as if to open
out the crowd and make room, and
said. Let EN- fight" Two blows passed
between Perjue and Mills. Don't re-
member if Harry lost his hat"
Examination: Mills said he
would make himself even to me- and as
PerJue interposed he said: Or with
you. either Didn't hear Perjue say,
Harry is always talking gun crack 1t
was after the push and blows that
Harry said, or you, either I went to
Reinbreiner's but not because I was
afraid that Mills would shoot me-
Mr. Frank Dalton testified that Mills
did not use any epithets. "Perjue used
very vile language during Mills alb
sence When Mills returned / heard
him ask Dorrity for his hat"
Mills went around to the billiard ia
BILE and talked 10 MIR. Barnes q cattle
man. Mills said nothing to Perjue until
after he had talked TO Barnes. Periue
advanced into the room. I saw Perjue
jue rushed to strike Mills and struck
the sheriff. The kick was of sufficient
force to go above Mills head"
MRS. MILLS WEPT.
This witness sustained a very heavy
cross-examination and during its pro-
gross Mrs. Mills was weeping bitterly,
while the defendant was Whispering to
her as if endeavoring to give her re-
assurance The point which the prose
cution endeaNored to make with this
witness was that, after seeking his hat
and getting through WITH his converse
ton with Mr.. Barnes, Mr. Mills did not
retire, but sided into the crowd where
Perjue stood, thus apparently inviting
or challenging the latter to further con-
tention; also that the shot which fol-
lowed so instantaneously upon the kick
must have been fired from a pistol in
peculiar and unusual readiness.
FINED FOR CONTEMPT.
After the jurors had departed. Mr..
Tom Young was called up to give a rea-
soa why he should not be fined for con
tempt OF court in having refused to ap-
pear as a witness in the case, In re-
Spouse te a subpoena served by the
sheriff at Mantf. His reply was that
the sheriff had proffered the informa-
tion that the subpoena was not filled
out properly and that he needn't obey
it unless he wished TO do So
The court fined him So and costs of
observation-disclosures S2
Junction, Piute County, Utah, Sept
16--At the opening of the court this
morning Juror Peters was 81 little i'm
proved, though still feeling rather bad
Mrs. Mills looked i'll and worn: the de-
fendant. though exhibiting deep inter-
est. continues to be we'll sustained and
cool.
w H Ware testified that Mills rep
utation had. always been good prior to
this affair. Saw gun in Harry Mills
pocket at about II O'Clock; think it was
in the right hip pocket.
LOST HIS TEMPER.
This witness created a great deal of
Tnerriment by his angry and almost
defiant. replies in the cross examine
ton and by his appeals TO the court.
John Baler had a conversation with
John Payne just prior to the shooting;
also an hour or two earlier; had hold
of Payne during the shooting, but he
was too strong for me-"
REORGANIZATION A minute or two
after / came into the saloon Harry