Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-09-21
SOUTHERN pAoIFIo RY.
UNION PACIFIC RT
Provo.


SELF Defense the ri,s Of Defendant,
Special per Dcacrct Telegraph.
Provo. Utah. Sept 2l-Wcdncaday
forenoon Richard York. "a brother Of do
fondant. was tho first witness called.
ITO was at paysDn un July nth with hla
brother and related the Ciruumataugga
III the FIGHT on the road home ana hln
brothers movements after they arrived
home in the same manner aH tho iur-
NOR Witnesses. when johnson got out
OF the wagon On front uf lurkn house
be- picked up two rocks. Inc deitnl-
ant commanded johnson 60 stop, when
was not hooded The defendant then
said the second time. stop, ! tell YOU
and Immediately fired the shot. AZ THIS
point the revolver alleged Co have been
used was admitted 10 evidence, II o. "a
3S callbrc, Harrington q Richards
double action.
ON cross examination witness said
that Policeman Erickson was present
when johnson got out Of the wagon ana
the uucer commanded johnson 60 stop
hut deceased did not pay any attention
MARGARET YORK.
Margaret York. hstcr.ln.law Of the
defendant was uoNt called, said that
defendant, when De arrived from Pay
son. won't into the house ana got his
90 try and XIII me ana IN defend my
self" and. ~ they use rocks ana
knives / Will use something too with
which 90 dDfciid myself" Witness
asked defendant Tor the revolver hut
hr refused Go give 10 90 her. When
johnson drove W ln tho wagon he jump
cd uul picked NJ two rocks and started
FOR the crowd ln front ~ the house.
York came around the corner ana com
mandcd johnson 10 stop. a. that time
York put hlH hand Co hlH hip pocket u
" 90 got Nils revolver Witness then ran
into o. house and shortly heard a'shut
fired. Witness stated that when she
saw defendant with q gun she went
over 20 Policeman ErlckfunH place and
Informed him that he had bcttur come
over as there was likcly TO be trouble
Ernest Ken was the next witness
called. Saw York In the street with
revolver In his hand.
willard carter. n young boy. was
called and testified that he was on his
road home from puyHOn. and passing
Yorks place he saw the defendant
with n revolver IN his hand and Il ape
polrud that Margaret York was trying
10 get tho revolver from him, Heard
yolyer.
Mrs. Weed. sistor or last witness,
SAW Mrs. Margaret York trying 10 get
a revolver from the defendant
s. $. Watson next testified. Saw York
ON the day NJ the shooting his wrists
were bleeding. when asked what was
the matter, defendant said that he had
a row with some BOYS ON the road and
II they bothered him he would KIN
them. Witness Ruid, "Oh you would
not XIII any one, would your ana de-
fendunt replied. Yes, I would II they
bothered me" Witness saw "a revolver
in Nork'H hand. York then loft and
OIL 90
Mrs sullivan. sister Of last witness,
was next called. Defendant came 20
her house Just before the shooting HN
had a revolver In hia hand ana witness
asked what was the matter Defend
ant Huidi II had q hell OF row ON the
road with some boys over ride. and
II they bother me again
WILL KILL THEM"
Witness asked defendant for the
gun and he said, NO / can take care
of myself. see. lra loaded" and de-
gun, A. this time dofnndHuuH mother
came up ana asked defendant 90 como
home and bo "a good boy. u PENDANT
uHke1. Are they comlugf' and hlH
mother Fnll, "NcH" whom defendant
broke and ran through witnoss'H lot
with tho run In his hand. About 1--WE
minutes uftgr Witness heard shot,
owen OpgrFhaw testified that BE- saw
defendant IA tho road with a revolver
IN his hand
Rudolph Peterson was next called.
Witness talked with defendant after The
shooting and witness said, You almost
missed him." referring 90 Johnson, The
defendant replied; Yes; but ] ala hit
| him but n I had missed him I would
| have shot again az the O. d. - of "a
b.. for I put another shell ln." Later
defendant rnid 81 told the son NJ a b.
! 10 stop and / made him stop" York
was not undOr arrest at this time.
Court adjourned until $50 p. m,
August HtnrlckBen was the nrst Wit
ucgH aftcr court rccOnypncd IA the af-