The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-04-17
RESTS WITH THE JURY
Shaver Murder Trial Was Concluded
Last Evening.
VERDICT NOT REACHED
THE JURORS WERE LOCKED UP
FOR THE NIGHT.
Will Report at 10 O'clock This Morn
ing-The Theory of the Defense Is
That the Revolver Was Accident
ally Discharged-The Defend mt
and Others So Testify.
VERDICT NOT REACHED

The Shaver murder case reached tn
jury about o'clock last evening. III
10 10 O'Clock they had not reached al
agreement and no immediate prospec
Oh their agreeing appearing they wert
locked up FOR he night. Judge Nor
rem VIII go down to the court room a
~ o'clock this morning to hear th'
result Of their nights elaboration:
and II they have not arrived at YER
dict by that time they will probably
be discharged.
The proceedings commenced yester-
day morning by the prosecution calling
10 the stand Deputy Sheriff A
Burt who testified as to the condition
of the revolver with which the shoot
ing was done. Deputy Sheriff Gull
bransen and Mrs. Dent the widow of
the man who was killed were also
called but their testimony was unim-
portant
The prosecution then rested but Mr..
Zane counsel for the defendant de-
manded that the prosecution put on
the stand 7. A. Steptoe, because his
name appeared on the subpoena and
he had been examined in the police
court at the preliminary hearing.
Mr. Putnam, on behalf of the state,
declined 10 examine the witness, but
stated that Steptoe was present and
that the defense might call him if
they wanted him.
Judge Norren ruled that the prose-
cution was not obliged to examine
Steptoe unless they so desired.
MIR. zANE's OPENING STATE
AIENT
Mr.. Zane, for the defense. then made
the opening statement
He said that the affair was an I'M
fortunate one Shaver felt he was
greatly to blame for his conduct in
some ways: but most any man would
have done what he did under like con-
ditions. O'Beynon, the regular caller
at the dance, was tired of calling and
asked Shaver 20 relieve him. The de-
PENDANT consented, and took the stand
The band started up, when some one
called out for it to stop. as one of
the sets was not filed. The music
ceased and in second or two some
one called out ali set Shaver
then gave the band order to start up
when McCauley. the leader. refused.
saying he was not taking his orders
from Shaver A lvordy argument
then ensued during which McCauley
called Shaver a vile name The lat-
ter struck McCauley. knocking his
violin out Of his hands. y musician
sitting next to the leader jumped up
ana struck at Shaver. q. R. Hutton,
another member OF the band. caught
hold Of a chair and raising it aloft. /
struck Shaver on the shoulder telling
him to the floor. The defendant. be- /
HeVlng the whole crowd was attack
ing him, reached for his gun. not with /
the intention of shooting, but for the /
purpose of soaring his asSailantS off
A man named Ira Thompson Jumped /
on the platform and grabbed the re-
volver. During the struggle the gun
went off, the bullet striking John w
Dent who in ho r,e h.
hall. People near the platform were
not aware that anyone had been shot
Bruce Johnson walked up to Shaver
and ordered him to get out Other
parties came UP and asked the de-
PENDANT what made him pull the gun
stand all those fellows jumping on
him. Mr. Zane reiterated the state
ment that Shaver did not intend to
shoot; that the gun went of accident
ally and that Hutton was at the bot
tom of the whole trouble.
TESTIMONY FOR THE DEFENSE.
Viona Nesbitt was the first witness
called for the defense. She testified to
the trouble between Shaver and the
musicians, and bore out Mr. Zane's
opening statement in regard to Shaver
being attacked by three or four people
at once. and TO Shaver being hit with
a chair by Hutton.
/. 4. Steele and Bruce Johnson gave
evidence similar 10 that of Mrs. Mes
oitt.
Ira Thompson. who resides in Ogden.
said Dent and Shaver were good
friends. Witness attended the dance on
he night of the killing. He was stand ,
ng near Shaver when Shaver drew the
'evolver. Witness caught hold of it to
prevent him shooting and in the strug-
,le the weapon was discharged acct
ientally. In the row which Shaver had
With the musicians. the witness said {
-ftcr Shaver hit McCauley three or y
our of the other members of the band
ttacked Shaver. striking him with 2
heir musical instruments. and Hutton i
vent after him with a chair
SHAVER ON THE STAND.
The defendant then took the stand |
nd told of his being asked by the reg l
lar dance caller to relieve him for
lme, and the trouble which ensued be
ween witness and the members of the n
and, and about Hutton striking him
nth a chair. When he saw so MANY
ere against him he pulled his revol-
er to brighten them, and without in
ending to shoot Thompson then seized
ne revolver by the muzzle. and in the a
-ruggle both witness and THOMPSON
ropped on their knees. and witness
ght elbow struck the floor causing his
myers 20 pull the trigger and discharge
le weapon. Ie was purely accidental
e said. and he had no intention of
lOoting any one. He had no grudge
sainst Dent. and no quarrel with him.
ley We're always good friends. @
This vas substantially the defend n,
ats case. and after the witness had -
zen crOss-examined by Mr. Putnam :
le arguments to the jury were made III
}, Mr.. Putnam for the state and nv III
r. Zane for the defense, and the case &C