Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-03-05
HEARING CONTINUED
More Witnesses Examined in The
Beuller Murder Investigation.
MRS. MITCHELL ON THE STAND.
Motion 10 Strike Out Her Testimony
gverrultd-Part Of Yesterdays
Testimony Stricken Out.

the murder OF Fred Beutler was con.
tipued before Justice Margetts In the
police court room this morning. The
room was not so packed with spectR-
tors as at yesterdays sessions, though
large number were present.
After the closing OF the NEWS re-
port yesterday L. d. Holt ST. was
placed on the stand. He testified that
in conversation had with Bentler on
February 10Th last, the latter stated
that there was some one trying to epy
him out, and Tor that reason he wanted
his whereabouts kept a secret as far
as possible. Witness stated that the
! keyhole In the door between his
room and Bsutler's was stuffed
with paper, thus shutting gu, u
! distinct sound, and, reverting TO
| the conversation on Feb. 18th, stated
| that Beutler told him his wife was nj
Murray and that they had separated
| because Mrs. Beutler was not Satisfied
| with an allowance OF So per week for
| liquor. Beutler, said the witness, was
quiet and inoffensive man.
| At the opening OF this norntDg's sea.
sion, Justice Margetts eaiu that he had
ABOUT made up his mind TO strike from
the record all testimony given by Mr..
| Holt touching upon the conversation
had between tins witness and. Mr..
Beutler, as allowed to 60 in yesterday.
The court said that unless counsel
desired to argue the point he would
order that portion OF the testimony
! stricken out.
Assistant County Attorney Van Cott
| Ill, a. oh ntui i'm att In, nan.
Dillty OF such evidence as going to
show a motive prompting the COM
mission OF the crime in question, but
the court deemed such evidence mad
mieBnble for divers REASONS which he
stated, anu ordered the testimony Ia
question expuuged from the record.
The fret witness placeu on the stand
was Il. ID. Holt IT., one of the proprie-
tors OF the Iowa livery stable. Was ut
home al las west, South Temple street
on the night Of the Beutler homicide
and lenrneu OF the disturbance In the
Beutler household almost as soon as It
happened. he noticed two men
come out of the alley, after the delivery
wagon drove in. The frat coming out
was about 3 feet 8 inches in height,
would way about los or ITO pounds
and wore an BveTc0at; also black
pants and overshoes. He appeared TO
have a mustache, aud the hat which
he wore was dark one. He stood
very erect AS he walked out aud was
followed by q man shorter In stature,
who wore u dark, soft hat. an ovefcOat,
dark trousers and pointed shoes with
rubbers on. He weighed about
100 pounds. The witness followed
me men east on South Temple street
and before they reached the cjrner OF
West Temple street, they took across
the street, right through the mud.
This aroused the suspicion Of witness
and he followed them on faster gait.
Both men looked back when on the
Valley House corner and seeing that
they wsIs being pursued, they started
to Iun souihward on West Temple
street and Disappeared In the alleyway
south OF the Valley house cottage.
The overcoats worn by the men
reached little short OF their knees.
Witness was told OF the affair by Mr..
Morris. He was present when Capt.
EsIipRer and Officer Shannon ar.
rived about fifteen minutes after.
The latter pushed the door open
far enough to put his head
In and part Of his body. The door
seemed to open quite easily. Witness
noticed the iurnituIe In the room anu
saw m open trunk In one corner
thereof
On cross-examination by Attorney
Hamilton the witnoss stated that &c
was about i've minutes after when
Morris notified him OF the Disturbance.
Witness WAS at the Continental hay
market most OF the 25tn OF February,
and during the day Two men came to
the market VINO looked very much like
the parties who came out OF the alley
leading to Beutlsr's apartments. On
the market at the time were MeBsrs.
SIlns Brown, Joseph Meimstrom, J ohm
GERBER and David Evans.
On redirect examination Mr.. Holt
stated that when Officer shannon
pushed the door open he succeeded In
getting u good portion OF his body BIZ
tween the door and the wall. The
. dead mans body prevented further
3 ingress OF the 0tlic
Mrs. Elizabeth IL. Mitchell was the
next witness sworn. She 10 the wife
of ALVIN Mitchell one OF the defend-
, ants In the case and testified as to ner
ACQUAINTANCE with John Rice, alao one
O: The defendants.
The witness stated that her mother
was at her house on Wednesday and
thought the defendant Rice was there
during the, week previously, just how
long before che uid not know. Rice
asked the address OF her mother and
she answered in Murray in care OF
Mrs. z, I'll N. He SAID gentleman
wanted 10 see her, but for what pur-
!. pese he did not state. Shs asked him
4 who the gentleman was and he told
her she would not know him II he
should tell her.
Counsel Tor defendant Rice moved
to STRIFE out all the testimony OF Mrs.
: Mitchell for the reason that the
foundation had not been laid by prov
, lag that iBeutler was murjeIeI, and
, therefore this evidence was NOT adj
Z missable, as no evidence had been
presented to provo that crime hal
:, been committed.
4 The court overruled the objection.
=, The witness, continuing, said wien
Q her mother came to her house sne
/. | asked her who Rice sent 10 her and
n her mother answered that he came
a himself, and wanted TO know where
!. Bsutler lived, stating that his friend
a had some umbrellas there.
o Che WAS then asked what she said 10
q her mother was her opinion or her
tesssn tor Rice wanting to see Mr..