The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-04-06

Stout was the examination of the
defendant Mr. Jones absolutely de-
MED shooting Stout or having even
seen him on the day or night on which
he was shot He denied that Stout
had ever tainted him with being of
illegitimate birth or spoke disrespect-
fully of his father or mother. Jones
also denied that he ever threatened to
Shoot Stout or to iniure him in any
way and denied that he had done any
thing to hurt Stout with the bank ex-
aminer or tried TO get him out of. the
bank.
Many witnesses were examined who
testified to Jones' good character and
high standing in the community. 9th
ers were examined with a view of i'm
peaching Stout on various points.
Jones was under cross examination
when court adjourned until this morn
ing.
SToUTT'S RESIGNATION.
Farley L. Williams, replying to Mr.
Brown. saiG he was a director of the
Utah National bank and also vice
president in September or October last,
when he resigned the latter office. The
directors discussed the resignation Of
Mr.. Stout, whether in the presence of
the latter or not the witness could not
say. The letters addressed to the wit
ness and to Jones by the comptroller
of the currency relative to Stoutts in
debtednesS and to the general condi-
ton of the bank were read in the pres
ence of Mr.. Stout, the witness. The
one addressed to the witness was Of
fered in evidence and objected to by
Mr.. Putnam. The court held that the
portion referring to the condition of the
bank was irrelevant, but the portion
referring to Mr.. Stout was competent
testimony to go to the jury.
J. h. Openshaw, exchange clerk at
the Utah National bank, said that on
the day VI the shooting, at the request
Of Jones, he went TO Stoutt's house to
find Stout. Saw Charles Stout, the
bankers son. and the bankers hired
man, also Miss Fanny Stout
What was said by them as to
Stoutt's whereabouts?'
The answer l got from Miss Fanny
Stout was that he had gone to Burn
ham or to the stoclyards. and the hired
man and Charles Stout aequiesced."
What time of the day were you at
Stoutt's?"
About 10 minutes to Ii o'clock
Frederick E. Holt of the United
States signal service said that on the
night of Dec. 8, between 6 and I o'clock,
the wind was from the southeast. The
velocity at O'Clock was as high as
lillLl ~ -SlA illIitS Ill liOul llAC lClllpGla
ture was % above zero.
In cross-eXamination witness said
there might be quite a change in the
wind in very short time and although
the general direction might be one way,
it was quite possible their might be
smaller waves and gusts in some
other direction.
Stoutt's house on the morning of Dec.
8. Wanted to see Mr.. Stout, but was
told that he wasn't very well and had
not come downstairs yet.
S. NJ. Barlow saw Mr.. Stout on the
day of the shooting between Second
and Third West on Fourth North
street, going east Witness did not
know whether it was in the afternoon
or forenoon.
In DISCRIMINATION, witness said
he was positive that it was on Dec. 8,
the day of the shooting, he saw Stout,
but on being pressed further said he
might be mistaken as to the day.
Joseph BaumSarteu. director of the
Utah National bank. remembered the
meeting of the directors at which the
letters from the comptroller of the cur
reRcy to Mr.. Williams and Mr.. Jones
We're read in the presence of Mr.. Stout.
When the directors demanded Stoutt's
resignation he was very much affected,
and sized tears, He did not write out
his designation, but requested Mr.. Viii
liams to do 50. The resignation, at Mr.
Stoutts request, was to take effect in
thirty days instead of Immediately. Mr..
Stout said he was not feeling well;
that if this trouble and worry contin-
ned he would get softening of the
brain His doctor, he said, had told
him So He afterwards said he wasn't
fit for business, and wanted to resign
anyway.
TOOK HIM FOR DIR. ILIFF.
A. Z. Cahoon resides at Murray
where he kees)s the Murray Exchange
saloon. On the day of the shooting
Stout came into witness place about
i O'clock He had some beer and ate
lunch. He sat there for probably two
hours, and left. Later in the afternoon
he came back. He was in time to take
the 4:30 car back He came into the
saloon and waited for the $50 car,
which was on time.
CrOSS-eXanlined by AIr. Putnam. wit
ness said he did not know Stout when
he came into the saloon; thought it
was DR. Hin
c. NJ. Bodell. conductor on the Rapid
Transit Murray car. said the cars leave
Murray at half past each hour. which
makes them arrive at Second South and
State streets at ten rlinues after each
hour.
The car which Stout came in by on
Dec 9 left Murray on time. Witness
did not know whether it arrived on time
or not.
FEARED SOFTENING OF BRAIN.
W II II. Stafford said he was a di-
rector in The Utah National bank. Was
present at a meeting of the board in
September, when Stout was present.
SuOutr told the board that he appeared
to have softening of the broan. and ne
cried because his resignation was
called for The directors wanted the
resignation TO take effect at once but
he asked that il be postponed for thirty
days to give him time 10 straighten out
his affairs and pay what he owed To
the bank, and the directors agreed
Il it.
en- s. Peyton- also director of the
bank. testified that Stout stated at
meeting of the directors when his res
ignatiun was talked of, that il was
about time he quit anyway, as his ply
stefan had told him he was threatened
with softening of the brain. He asked
that his resignation be not to take ef-
feet at once, but in thirty days, and
the directors, after consulting the bank
examiner, agreed TO it, in order TO givs
him time 10 st--aighten out his affairs
Stout was much affected, broke down
ana cried.
Frank Busch. A. messenger boy. testi-
fed That on lhe%lght Of the shooting he
VAS at the corner of State and Fifth
South streets, and saw Stout get off
the Murray car. He went west and
there was nothing peculiar about his
appearance Shortly after that witness
heard a SHOT, only one shot.
Hal W. Brown, director Of the bank,
=, ,,ofare,,ca "a the meeting - +ha hoard