The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
ONLY TWO WITNESSES
New Facts Produced In the Smith
Hearing.
EVIDENCE IS IMPORTANT
STATE IS MAKING A STRONG
CASE
Richard Haslam Swears That at
Smiths Request He Addressed an
Envelope to Judge Powers-Mrs.
Burt Tells of Seeing Defendant
Carrying Two Packages.

y
Yesterdays examination, although j
included but two witnesses, elicites
two startling facts in the Smith case
Richard Haslam. a boarder in the same
house as the defendant, swore that OF
the evening of either Aug. % or "a
Smith came TO him in the house, anc
that at his request Haslam wrote tbs
address, that was subsequently affixed
to the Internal machine sent to- Judge
Powers. The witness positively iden-
titled the envelope produced in court
which was taken from the death-deal-
ing machine. At the request OF Smiths
attorney, Haslam wrote a duplicate
address. which compared in every detail
with the original
Mrs. Isabella Burt further testified
that she saw and spoke to Smith on
Aug. %. She described infinitely the
package ne carried across to the r. G.
w. depot, and then clinched the tes-
timony by stating that the accused
came back from the depot, fifteen min
utes later, empty handed.
Peck Cross-examined.
At 10 o'clock yesterday morning At
torney Westervelt continued the cross
examination of the young man Peck,
picking up the thread where it was
broken at the adjournment on Friday
afternoon. In answer to questions
Peck stated that he had known the de-
PENDANT Smith, since July 20. Coming
down to the night of the alleged con-
fession, witness stuck to his story of
the day previous and reiterated the
statement that Smith told him that
The was he man they were after, and
= ha the that did IL ~
You are positive of that?" queried
Attorney Westervelt
Yes, sir; I am
Your brother was there asleep,
wasn't he?"
Yes, sir"
why did you tell him you were
alone; did you want to trap him."
mo, SIR
why them"
81 thought if I told him some one
was in the room that he would call me
outside, and 1 didn't want to go"
Peck, in answer to a query regarding
his admission that he had told a lie
said that he could tell a lie if he want
ed 10 and the truth too.
Isn't it a fact" continued Mr.. West
ervelt, that Bibblecombe and Blowers
took box of powder from the Buckeye
mine, cached it and eventually sold il
for So through your instrumentality?
N1lHeSS 6ApldlHSQ litdl he neSOlAdlcQ
the sale of the powder, but at the time
he did not know 1t was stolen Peck
strenuously denied that he was mixed
UP in the stolen powder transaction and
that to cover up the affair he had en-
tered into a conspiracy to put up job
on Smith and get him out of the way.
Didn't you come along the road from
The Homestake to the Diamond with a
sack of waste on your shoulder that
had been stolen on Aug. Ii. when you
met Smith,"
II don't remember"
"Will you swear positively that it did
not occur?"
We'll. I don't think 1 can
Didn't you take that waste to Phil
lips and Joe Biddlecombe and didn't
they say. why you got more than we
needed ?"
Il can't swear positively
Witness denied emphatically that he
took any powder from the Buckeye
mine in the middle of August, or that
der from that mine on or about that
date.
Haslam On the Stand.
Richard Haslam, a husky Diamond
vile miner. attired in a sweater, was
then called. He stated that he had
been a resident of Utah for eight
months past and that he knew the de-
PENDANT under the name of Mcdonnell |
from the fact that they boarded at the 1
same house, which is known as Browns s. |
On the evening of either Aug. % or "a, /
Haslam said, he was in the hallway by !
Smiths room when the latter asked !
him to address an envelope for him. |
Haslam said he went into his room
and got pen and ink. Il told Smith, /
said witness, Il could not write well
with pen, as L have been used to 4
writing with an indelible pencil. l
went into his room and wrote, at his |
dictation: %. w. Powers. Attorneys at
Law, Salt Lake City, Utah 1t was
written on square envelope furnished
by Smith, Witness identified the en-
Velope produced in court as being the
one he addressed at Smiths request.
Did you take the ink with you when
you left the room?'
NO. sir
when die Smith return it?'
About o'clock, when l went into
my room, the pen and ink were lying
on the table"
What color was the ink?"
1T was supposed TO be black"
Cross-examined by Mr.. Truman, Has
lem stated that after the letter had
been directed by him he Immediately
left the room. leaving Smith in the
place. Witness stated that he did not
see the defendant again that evening.
ms stage Oh proceedings
Truman asked Haslam to write sim
liar address, in pencil, upon an en-
velope which the attorney furnished.
Haslam did so, and when the two werel
they were found to be fac
SMILES OF each other. Attorney Tru-
man promptly dropped his witness and j
resumed his seat. I
Mrs. Burt Testifes.
The next witness was Mrs Isabella
Burt, a MISUNDERSTANDING Scotch wom-
an with a decided accent. Mrs. Burt .
stated that she had lived in Eureka ,,
Tor the last one and half years. Her ,
lOuse. she said, was situated at the ,
ear of the Rio Grande Western depot
Between L and l o'clock on Friday :
Aug. %. witness said that Smith :
passed her door. going toward the :
iepot. He was carrying a parcel
wrapped up in white cloth. The parcel J
cooked as though IL were made up of
Nvb square boxes, placed one above the I
,ther. and tied up in what looked like
| white handkerchief. The boxes, she 5
aid appeared as though they might I
,e shoe boxes, with the smaller one on !
op.
Smith was walking with another '
nan. They were talking earnestly to- |
,ether. As soon as they noticed Mrs
Burt sitting on the porch enc of the
men pulled the others coat sleeve and
he conversation terminated About a :
uarter Of an hour later, witness stated
hat she saw Smith alone. He came
nto Eer yard and took a drink al her =
Smith spoke 10 her and said !
Excuse me. madam" Mrs. Burt said 1