The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-04-04

who was examined at the preliminary
hearing. Mr.. Brown argued that, hav-
ing examined him at the preliminary
hearing, and his name being endorsed
on the information, the prosecution
was bound to put him on the stand 50
that the defense would have an OPP
portunity to cross-exan1ine him. The
prosecution refused and the point was
argued by counsel at considerable
length.
The court ruled that the prosecution
put Master Lochrie on the stand, and
in doing so, his honor said that he
wished it understood that. the prose
cution was not bound to produce any
witness, whether his name was en-
dorsed on the information or not, un-
less the court ordered it to do so. In
this instance the court understood that
Master Lochrie was the first on the
scene after the shooting, and. therefore.
the nearest to the res gestae, and al
though the court had no knowledge of
what the boy would testify to, whether
his testimony would be material or not,
Yet the court thought he ought to be
put on the stand.
Mr.. Putnam explained as his reason
for not calling Lochrie was that he
thought the boy was mistaken.
Court then took a recess for luncheon,
and on reassembling at 2 o'clock, Don
aid Loehrie was called and examined
by Mr.. Putnam. He said he was 13
years of age, remembered the night
Stout was shot. Witness was on Main
street, near Fifth South street, shortly
after O'Clock in the evening, when he
heard a shot, and walking on he saw
Stout on the sidewalk of Fifth South
street, between the easlt end of the bill
board and the adobe house. Mr.. Stout
called to him. He said, Come here,
my lad" and witness said, Sir No
sir about it," Mr. Stout said, but
come here" Mr.. Stout then told wit
ness he had been shot. He held one
hand to his side, and pointing in the
direction of the vacant lot, said; There
he goes" or, There he goes now"
witness was not sure which. RingWeod
came up. and witness and Ringwood
went back to the drug store to call the
police
Cross examined by Mr.. Brown, wit
ness said as he went along, before he
heard the shot there was a young man
in front of him, walking the same way
as witness was. This young man, wit
ness understood, was Walter Showers.
When witness first saw Stout he was
opposite the iron gate to the brick
house, eighty-five feet east of the bill
board. Witness passed. Stout, but the
latter said nothing to him until after
witness passed him. He then called
witness and told him he had been shot
Stout was staggering. Witness was
positive Stout was opposite the iron
gate at the brick house when he first
saw him and While they talked and be-
fore witness turned back to go to the
drug store they had got as far west as
the east end of the bill board.
THE Defense OPENS.
This closed the case for the prosecu-
ton, and the defense opened by calling
Mr.. George Sutherland of the law firm
of Williams, Sutherland & Van Cott
Mr.. Sutherland, in reply to Mr. Brown,
testified that he had known Jones for
four or five years; witness lived half
block north of Jones house. On Dec. g
witness left his office about 5:45 and
called at Peery's office, on. Second South
near Main, transacted some business
there and left Peery's office to go home.
not earlier than o'clock, probably a
minute or two after 6. Witness walked
down Main street, on the west side, and
when at the Cliff house, at the corner
of Third South, he overlook Jones and
his wife. 1t was windy and Mrs. Jones
found it difficult to make Roadway
They all three crossed the street to the
east side and walked down that side
of the street as far as.-witness' resi-
dence. Witness went into his own
house and Mr.. and Mrs Jones went on
down the street. Jones demeanor was
ordinary; there was nothing peculiar
or suggestive about it. Witness went
in to his house, washed his hands and
got ready for dinner. When he sat down
TO dinner it was $50. He had been at
the house probably ten or fifteen min
utes then
Witness since then had timed him
self and found that it took him twelve
minutes to walk from Peery's Office to
witness residence; then he was proba-
bly, walking little faster than when he
walked with Mr.. and Mrs. Jones on the
night of the shooting. Saw nothing of
Stout as they passed Fifth South
street. or ON any other portion of the
way down. Witness was well acquainted
with Jones. His general character for
peaceableneEs and as a citizen prior to
the shooting was excellent; as good as
that of any man with whom witness
is acquainted.
would you believe him capable of
committing the crime with which he is
charged?''
Objected to and objection sustained.
Did you believe him guilty before
Stout made the accusation?'
Objected to and objection sustained.
Did you believe him guilty after
Stoutt's accusation"