The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-06-26

Yesterday morning in the McMillen
murder case Judge Norrell ruled on
the question which had been argued at
great length on the previous day as to
the competency as evidence TO go be-
fore the jury of the confession made
by the defendant in the presence Of Of
ficers and other persons after his ar
rest. His honor held that the confess
sion was proper testimony, and or
dered. over the objection of defendants
counsel, shat it be admitted.
Detective Raleigh was then called.
and in reply to Mr.. Putnam, testified
that after McMillen's arrest, he con-
fessed that he had served Egan with
three rounds Of beer that night and
Phelps with the same number of
rounds Of whisky, and that, at the in
stance of Phelps, he put morphine into
each Of Egan's three glasses of beer.
They did so with the intent of robbing
him, and with no idea whatever of
murder. When Egan became insenSi-
bic, Phelps took 81 and q gold watch
and chain from Egan's person and
gave 50 to McAillen and the watch and
chain. When they found that Egan
did not revive, McNillen and Phelps
asked Bob Sleeves to help them take
out drunken man, and the three of
them dragged him out into the alley
way and left him there.
MORE OF THE CONFESSION.
Detective Sheets was next examined
He identified y morphine bottle given
him by McNilien. The latter measured
amount as he was supposed 30 have put
into EganS beer. The bottle, Nc
Millen told witness. was full when he
took out the dose for Egan. When wit
ness saw it about one-third OF its con-
tents was gone. When arrested, Nc
Millen denied that Egan or Phelps had
been in the saloon the Saturday night
preceding the murder. 1t was not I'M
til he was confronted with Mitchell that
he owned up to it.
John Eslinger testified that he was
captain of police during July, 1897.
Was present during the two CONVERSE
tons had between McMillen and the
police officers. The defendant was
asked il EGan ana Shelves had been at
the Senate saloon the night preceding
the murder, and the defendants reply
was that Shelves had been there dur
ing the early part OF the evening" but
that Egan had not been in the place at
all. The next day, witness said, he
was present during another conversa-
ton had with McMillen. Mitchell was
in the room and reminded NfcMillen
that he, Bob Shelves and Egan were in
the saloon on the Saturday night, and
the defendant admitted, for the first
time, that MitchelIs statement was
true. It was then defendant made a
confession, going so far as TO show
how much morphine he put into Egan's
beer, and his object in so doing, which
was robbery.
Cross-examined by Mr.. Whittemore,
witness said he knew nothing OF the
putt x of d neWspa per containing an
nf or in g
cell; neither did he know OF Mr.
Straup calling to see the defendant
1t was quite possible that instructions
had been given that no one should see
McMillen, but he was not aware of
such an order.
MITCHELL'S TESTIMONY
T. II. Mitchell was next called. He
said he was a railroad man by trade
Was in the Senate saloon about
O'Clock Saturday night of July 10. He
drank two glasses OF beer. The first
part OF the evening he stood up against
the bar and afterwards went into
card room in TIE west part of the
house. His reason for going IN there
vas because he was taken sick with Z
cramps in the stomach. He came out I
Shortly afterwards and told the bar
tender Osborn. he was sick. He then
went into another room on the south.
yards learned were Egan and Phelps. /
Both we're talking on railroad business. ,
McMillen brought in the drinks. /
5gan drank beer and Phelps whisky.
They had two or three rounds while I;
witness was in the room. Egan ap- I
peared TO have been drinking, but knew /
what he was doing. After Egan had I
taken the last drink, which was about 4
10 minutes after, the men came into (
the room, he talked inc2herently and /
couldn't connect his sentences. The .
last witness saw of ESan he was lying t
with his mead and arms on 4 beer
table, breathing very heavily. He did {
not remen her Phelps leaving the room
He could have gone out without wit
ness seeing him. Witness then left !
the saloon. When he passed JosIin &,
Parks il was a quarter of three, Sun
day morning. AS he went out Of the
saloon Phelps and McAIillen were
further said he thought he saw another
man behind a screen.
Cross-eXamiEed by Mr. Whittemore
the witness said he had been drinking
that evening when ne went into the
saloon. He was in the saloon for more I
than an hour Egan and Phelps went
into the wine room and ordered drinks
Witness was then sitting in the. wine
room. Some barkeeper, witness did not !
know which, brought in the drinks
Didn't know whether ii was McMillen
Dr not. Phelps ordered a second round
If drinks. They had. three rounds. al
together. About half an hour ELAPSED (
between each round. 1t was about y
o'clock when witness went to the sa-
.oon.
ROBERT SKEWES.
Robert Shelves, in reply to Mr. Put
nam, said he was in the Senate saloon
on the night of July 10-11. Saw Phelps
there. Witness was in and out of the
saloon frequently that night. Didn't
zee Phelps drinking with anyone, but
saw him going into the wine room.
the bar and saw McMillen take two
glasses, one beer and one whisky, into
the wine room twice. Witness thought
be saw Mitchell in the saloon early in
the evening. It was about 10 or IL
o'clock when McMillen took the drinks
to the wine room. Witness went into
the saloon early in the morning.
Phelps and McMilleR We're talking to-
gether. The latter asked witness to
help take cut drunken man. They
all three went to the wine room and
cgan was sitting on a chair, leaning
IN the table, breathing very loudly.
he was a large man. and Phelps. Nc !
Millen and the witness carried him into
he alley and dragged him along to
he place where the BODY was found.
lis feet dragged on the ground when
hey took him up the alley.
William Wicket said there was no !
watch or chain on the body when he {
,ound it.
CAPTAIN PAUL.
Captain Paul testified that he saw I
he bottle of morphine in the saloon.
md the defendant showed him about
he size of the dose he gave Egan-
p. p. Pratt. druggist, said he had