The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-10-20

The prosecution in the Hamilton
murder case rested shortly after 3
o'clock yesterday afternoon and the
defense made its opening statement
and examined three or four WITNESSES.
The line of defense proved 10 be, as
stated in The Herald the day the case
opened, self-defense. The way Mr..
Fred Mcefurrin put ii in his opening
statement was: John II. Hamilton
met his death as the result of an acct
dent while the defendant was acting
in eelf-defense.'
The question of the competence as
evidence at this trial Of the testimony
of Mrs. Hamilton before the coroner
was argued al length and taken under
adViSeuent by Judge Norrel, who, it
is expected. VIII rule upon it today.
The proceedings opened yesterday
morning by the taking of further testi-
nony in regard to whether or not Mrs.
Hamilton had been cautioned before
she testified at the inquest that her
testimony would be used against her
at the trial. and as TO whether her
attorneys, OIessrs. McGurrin and Nc
Curtin, were not allowed to represent
her at she hearing.
JUDGE sOAIN1ER.
Judge Sommer said the inquest was
hold before him. He did not tell the
Messts. McGnrrin that the hearing
Was set for Wednesday or Thursday
Did not threaten to eject the NIessrs.
EIcGurriu from the court during ghe
hearing. They took part in the tx
animation. No objection was made TO
Mrs. Hamilton testifying.
Cposs-examined by Judge Powers.
witness said he did not warn Mrs.
Hamilton that her testimony at the
inquest would be used against her at
the trial She was not cautioned by
anyone in witness presence. Witness
did not prevent Mrs. HamAton's attor-
neys from asking their client ques.
tons at the hearing. but insisted chat
de (the Witness) rule on the competen-
cy Of such questions and required that
they be stated to him first.
W ny did you insist upon the MesSrS
McGurrin stating their questions TO
you before putting them to Mrs. Ham
ihon2"
Because they sat near the jury.
made unusual noises and disturbed the
jurors"
Attorney Ray Van Colt testified that
ne conducted the inquiry at the in
Guest. All or nearly all the questions
asked Mrs Hamilton by the Mesgrs.
McGurrin we're answered and Mr..
Sommer made no threat to exclude the
attorneys from the hearing.
Cross examined, Mir Van Colt said
the coroner insisted that the attorneys
Tor Mrs Hamilton state their questions
20 him bef0~e he allowed them to be
put to Mrs. Hamilton The witness
was not required 10 state his cues
tons to the coroner before being mt
70 Mrs. Hamilton. Every question
asked by the Messrs ArcGurtin the
coroner permitted to be answered.
Assistant County Attorney Putnam
ana H T. Bali q juror at the inquest.
eorroDorated the testimony OF NIesSrs.
Sommer and Ray Van Cott Bah said
MIR McGurrin objected to the INQUEST
proceeding because his client Vas tired
and weary. He also wanted to consult
With her and asked a continuance TO
the next day.
Undertaken Joseph William Taylor
testified that both the Messrs. McGur-
I4n mad a consultation with Mrs. Ham
alton on the morning of the INQUEST
before the inquiry was begun.
Wtu q Young, who took the steno-
graphic report Of the proceedings at
Rhe inquest. read part of his steno-
Sraphlc notes, which substantially
corroborated the testimony Of Mes5~s
SoInfner, van Cott, Putnam and Ban.
After the witness was put through a
course Of examination as 10 his SYSTEM
OF taking stenogruphie reports. ne Was
excused 60
John Lu Taylor, for the defanca
testified that Coroner SomuqF baE
stated that any outsiders coming INTO
ene case would be elected The Messrs.
McGufrlh, witness said, made no dis
eurbance al the inquest.
Fred T. McGurrin gave aynar+ .aes4s-
mony on stenogranhic notes.
Court StenCgTaphel- Pike WAS ,,e,, nv
ahmed IN regard 10 stenographic notes
me object was to ShoW that the nb,.a So
there Was not any objection to Mrs
Hamilton testifyins' should road
there was some objection to Mrs
Hamilton testifyIng"
Mr. Young. recalled. testified 4ba+ bis
notes showed that there Was NOT anU
objection was the correct reading.
Arguments we're then made NV
County Attorney Van Colt in supDort
OF inc admission Of the testimony. and
by Judge Powers against il. The ar
GumentS lasted until o'clock in the
afternoon Judge Norrell then an
nounced that he had practically made
up MS mind on the point. bur in order
TO lie sure that he was not making a
mistake he would take it under advise
ment Tor the present
DR. DALEY EXAMINED.
me Jury, which had been absent dur
ing the arguments, was brought in and
1'f' W. I. Daily took the stand for the
prosecution In reply To Mr.. Van Colt
the doctor stared that he had made an
examination of the body of John II
Hamilton IN company with DR. Harri-
son. The autopsy showed that there
was bullet wound or the left breast,
and that the bullet had gone through
the heart and lodged in the ribs. caus-
ing instant death The wound was
slightly powder burnt, and in the iudg-
ment Of the witness the pistoi from
which the shot MAS fired must have
been held not more than a foot from,
Haniltons body No one after ,ece;,--
ing a shot in that way would he ahle
to walk step or fire Self-actfng re-
TolTer.
Cross-examined by Judge Powers. the
witness SAID person receiving 2
wound such as Hamilton's would moi
be able even 10 gruan- he could NOT
cry out at ali, much less hold a CON
versation. II was as quickly fatal q
wound as the witness could Imagine
The pistol might have been held close
up to, even touching, the clothing 81
the deceased when il was fired.
Ia reply TO Mr.. Van Colt the witness
said it was possible that an involun-
tary sound might escape from the Iips
of = person wounded as Hamilton was
but 1t was highly improbable.
Deputy Sheriff Burt gave testimony
as to the distance from Seddon's resi-
Senee 10 Cunnington's and to Brown