The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-09-22
YORK MURDER TRIAL.
Defense Putting On Witnesses tc
Show Killing Was Justified.

Especial Correspondence
Provo, Sept. 2L-Court opened this
morning at 10 O'clock, and Witness E. NJ
Carter was cross-examined. Witness was
somewhat agitated but did not change
examination.
Officer Erickson, recalled, said he was
at the York gate when johnson, deceased
Mr.. Olsen and Mr.. Wall drove up with a
wagon; that Johnson jumped out of the
wagon, and gathering two rocks. started
toward people at the gate, turning toward
York, the defendant Johnson came to-
ward York and said. C d. you, l will
kill YOU told johnson to stop and
York told him to stop, but he did not
the threatening attitude of deceased to-
ward defendant York at the time of the
killing ND not know that York had a
gun.
An effort was made by the prosecution
on cross-examination to show the witness
had made different statements at a previ-
Gus time from what he now gives in the
case. The witness became confused and
made some conflicting statements as TO
when York first drew his gun on Johnson
The mix-up. with the witness was damag-
ing TO the defense.
Recess until D. m.
Mrs. Anna Carter, defendants sister,
of Santaquin, saw defendant and john
son, decea sed in Santaquin in front of
her mothers house Johnson came up in
wagon, and upon getting out of the
wagon picked up rocks and proceeded to-
ward defendant, saving: G. d. you, |
Will kill you" Defendant told him TO
stop. but he did not, and her brother shot
him.
Mrs. Mary York. defendants mother,
testified: My boy came home from Pay
son and went into his bedroom and got
his revolver. 1 said, Alb, what are you
going to do?' He said, showing me marks
on his wrist where Johnson had cut: 1
have had q row, ma, and | am going to
defend myself. Don't fret; | am only
going to defend myself l did not see
him again until after the shooting.
Mrs. Anna Peterson saw Johnson and
York at the place of the killing. john
son picked UP rocks and started for the
crowd Mr.. Erickson said Stop. and
Alb York said 'Stop!' Johnson did not
stop and Alb shot him.
E. F. Carter came over to Santaquin
from Payson with defendant and john
son on the 18th of July. I'VE were pretty
lated about the same story as told by for
mer witnesses about the racing and fight
ing along the road home. Saw johnson
and defendant in front of York's home
in Santaquin. Johnson came toward de-
PENDANT in threatening manner, with
rocks in his hand, saying to York: Il am
going to kill you right here. York told
him to stop. but he did not. and York
Defendant Albin X. P. York was placed
on the witness stand. He stated that he
met Johnson at Payson on the 1Ith OF
July, and that they were drinking and
buggy riding together; that Johnson got
pretty full: that they left Payson to-
gether in a single buggy. going toward
Santaquin, little behind wagon in
which Dick York and the Carriers were
riding. I'VE got to racing along. the road
and the buggy was run into the fence and
broken. l. tried to get Johnson not TO
fight, but he insisted, and l started nome
johnson said as left him: / Will follow
you and get you yet 1 went home and
got my gun to defend myself. knew
johnson was a bad man and would use
anything he got hold of"
At this point adjournment was taken
until morning.