The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-14
yes, sir. absolutely false: all made

Are you acquainted WIFI Inc NllHtSs
Frederick Hansen2" -
NO sir. l never saw him until
! saw him. on the stand
Witness denied that he had used any
threats at any time towards Judge
Powers. He stated that when he was
imprisoned in 1856 he was in solitary
confinement and had no communication
with any prisoners
Smith said on the 25th of August he
was at Diamond and at Biddlecombe' S
mine.
..When did you first know Biddie-
combe?'' was the next question
I'm 1883. when l met him in the peni-
tentiary.'
Had you ever a conversation with
Biddlecombe relative to his feelings
toward Judge Powers?"
Yes. sir. l had a conversation with
him after 1 came from Bingham" Wit
ness went on to say Biddiecombe rec
ognized him first; that after relating
their several experiences, the CONVEX
sation finally drifted into a channel in
which Judge Powers name was men
toned, whereupon Biddlecombe re-
marked to witness that 1T was Won
der someone didn't get back at him"
tPowers). Continuing, Biddlecombe
added: If / could get anyone TO as
sist me 1 would waylay him when he
came out here to look at his mine"
What did you say"
Il said For Christ's sake. don't do
anything while I am around. because
they are logging me all the time.
when was this2"
July 20, 1s9e.'
Witness positively denied Peck's tes-
timony regarding the allegeds confes-
sion. in toto.
What about asking for needles and
thread?" asked the defense.
Il never asked him; it was his broth
er, Dick. l wanted some white thread
to sew some buttons on my shirt"
The accused man further stated that
he had never been in the Pacific shaft
house in his life. As to the powder in
cident, Joe Biddlecombe told me to
help myself and I did," said witness.
and l used them to blast mineral
rock with" The two boxes of powder
witness said he carried at Peck'S re-
quest from Biddlecombe's mine to the
Diamond Consolidated, a distance of
two miles. For this job Peck gave
him s.. ,fd 555f ~
Bought Some Muslin.
Witness admitted he bought one and
a half yards of muslin from MIR. Freck-
Teton in Diamond. In explanation he
said he bought it to tack inside box
in which he intended storing his
clothes The hinges also he wanted for
the same purpose. Coming down TO
the addressing Of the envelope. witness
said that an unknown man asked him
to address il. and when he heard that
the addressee was o. w. Powers, he
said he would rather not, as he felt
hard toward Powers. Seeing Haslam
leaning against the fence outside
Browns hotel, Smith said he asked him
to do SO. Haslam agreed, and finally
witness handed the addressed envelope
to the unknown man.
a man named Jameson he said, was
standing by and witnessed the occur
renee. Jameson had been subpoenaed.
but could not be found. He said he
came into possession of Stewards
clothes on the night of Aug. %, when
d man named Lafe Utley gave them
TO witness in payment of $40 loan
Witness said he was wearing the
clothes in court, and arose to show
them to the jury. The suit bore evil
Smith wore them upon his arrangement
before Judge Timmony; the legs of the
trousers having been cut off and the
tails of the coat shortened.
Continuing, witness stated Mrs. Burt
was mistaken when she swore that she
saw him near the Rio Grande Western
depot at Eureka at any time on Aug.
%: that he was at Silver City, either
on the 2Srd or oath of August, and
was only there half an hour. Witness
said after he was arrested, over 100 peo-
pie visited the Jail at Eureka TO look
at him. Later Marshal Henroid took
him across to the depot, where the ex-
press agent. Duggan. failed TO identify
him as being the man who expressed
the two boxes. Regarding the two in
fernal machines. Smith said he bad
never seen them until confronted with
them in the police court.
On REORGANIZATION
Upon cross examination Smith stuck
tenaciously TO his previous story to the
effect that Judge Powers stated an I'M
truth when he testified that he had
ever had an interview with the accused
man regarding a pardon or anything
else. Neither had the. witness ever
written to him.
Did you write to Judge Rolapp ask
ing him TO take steps to get you par
don2" asked Attorney Putnam.
We'll. yes. l did. 1t was like this.
I sent him a whip which / made in
prison while in solitary confinement;
also a note. which said. Being man
of my word. 1 send you this, although
your services weren't OF much use to
me-" zs
..Then Judge Rolapp's statement to
the effect that you wrote TO him is
false?"
You want the jury to so understand,
do your"
AT this question Smith dramatically
raised his right hand and said:
Il hope TO live but five minutes. gen.
tlemen of the jury. if l haven't stated
the truth
Did you hear Judge Rolapp. DR..
Pike. Judge Powers, Crookston and
Belnap testify?"
Yes"
What have you 10 say TO it,
They are all liars. 1t is piece of
political corruption, and they are all
mistaken"
You think because Judge Rolapp is
on the bench that there is something
political connected with the fact?"
Il say an injustice has been done to
ne. The gentlemen are mistaken"
"Oh. mistaken"
Yes. sir
Witness said that the court room
scene. on the occasion of his sentence
at Ogden by Judge Powers. as testified
TO by witnesses. was false Witness
made no threatening movement beyond
picking up his hat. AS TO threatening
DR.. Pike, he simply told him. as he
passed him. ''he was a perjurer. and
he would like to punch his damned
nose"
Have you had any feeling of resent
ment against Judge Powers since that
timer"
y admit I might have had some, but
never expressed any"
Have you had any,"
Not that l know Of
you have had feeling that Judge
Powers had prosecuted you, haven't
you?"