The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-06-25

manner in which the defendants al
legged confession had been obtained,
and then the question of its admts-
sibility as evidence against the defend
ant was argued at length by Attorneys
Rhea and Whittemore against it's adj
mission and by County Attorney Van
Colt il favor of it.
The arguments occupied the time un-
Ill nearly O'Clock in the afternoon,
and the. court took ii under advise
ment until $50 o'clock this morning,
to which time court adjourned.
DEFENDANT TESTIFIES FURTHER
Yesterday morning Jesse F. McMil-
len took the stand for further cross
examination by Mr.. Van Colt in regard
to the circumstances under which he
made the confession. He said Mitchell
frightened him when he pointed his
finger at him and declared that he was
the man who killed Egan. He was not
afraid OF Mitchell physically, but
d, thought that he was trying to weave
d net around him. Witness said he
asked AfUlvey if d, confession from him
would net be the same as if he turned
states evidence, and MulYey told him
that he didn't know but what II would.
Chief Paul. witness said, had promised
to do. what he could for him if he told
all he knew about the affair. He was
very certain that none OF them told
him that anything he might say might
be used against him. IN the course of
his examination, McAIillen said he had
asked to see an attorney, but the Off
GERS refused to send for a lawyer.
I1X-COUNCILMAN MULVEY.
Ex-Councilman NJ E. Mulvey was ex-
AHMED for the defense and stated that
he. was present on July y when Nc
Millen was being questioned by the
officers IN regard to the killing of Egan.
The witness said he advised McMilleE
TO tell all he knew about the affair, and
at the same time the witness told Nc
MilIen that If he did so, both the wit
ness and the chief of police would do
all they could for him and would try
to get him off with as light a sentence
as possible.
hIcMillen hesitated a while and then
told the story. Chief Paul told McMil-
len previously to be careful as to what
he said, as he could not offer him any
inducements. Mr.. Mulvey said he
promised to use his influence with the
county attorney to get McMiilen off as
light as possible III case he made a con-
fession.
Attorney D. N. Straup testified that
early on July u he called at the Jail
to see McMillen, but was told he
couldn't see him then, but to come
IL Ter.
EX-CHIEF PAUL.
Captain Paul, then chief of police,
testified that he did not know that Null
Vey and McMillea had talked alone to-
gether about the affair, and he did not
remember what Mulvey he'd said when
they were all there together. The wit
ness said he told McMillen that he was
an officer and could not make him any
promises Of immunity. and also told
him that anything he might say would
probably be used against him. He also
told the defendant, however, that if he
confessed he would do anything he
could for him consistent with his duty
as an officer.
x-Mayor Glendinning, who was
present at the time, corrobOrated the
testimony Of Chief Paul.
For the stare, Detectives Sheets and
Raleigh, Captain Eslinger and T. j.
Mitchell were examined, and all denied
that they used any undue influence to
make McMillep confess or made him
any promises of immunity from pros
ecUtion if he would make a clean breast
OF it.
The arguments were then begun and
occupied me remainder of the day.