Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-08

ton and sentenced to a term in the
penitentiary. Smith was also an in
mate Of the prison al the time Wit
ness one day heard Smith call Judge
Powers a vile name as well as make
threat to kin the judge when he got
out. AZ this juncture court adjourned
until this morning,
KNOWN SMITH FOR YEARS,
Upon the reconvening Of court this
morning Joseph Biddlecome, n resident
Of Diamond, Juab county. was called by
Mr.. Putnam. Witness testified that he
had known the defendant Smith Tor
thirteen years or more, Renewed his
acquaintance with him about the Goth
OF last July. II was at Diamond. Smith
came up TO witness, who was standing
talking to others on the street and ex-
tending his hand asked II he remem-
bered him. Witness replied In the
affirmative. In the course Of a con-
yersation that followed witness said
Smith told him that he had been IN
scrape at Idaho, since last We met"
and that Judge Powers was the man
who sent him up" for II.
Here counsel FOR the defendant inter.
posed an objection TO the testimony.
claiming II was immaterial for the rea-
son that IL did not come within the
perlod-August &C. lsg9-of the crime,
as alleged in the information.
Mr. Putnam said the testimony was
perfectly proper, the object Of the state
being 10 show motive on Smiths part
The objection vas oyerruled
ONE OF SMITHS ALIASES.
Continuing Biddlecome said that
while at Diamond Smith went under the
name OF JAMES Mcdonald Smith put
In about twenty days work at the
Buckeye mine and also worked AT the
Diamond, when witness was foreman
Smith came 10 work all hours u the
day and night. Sometimes he brought
his meals with him and other times he
didn't His work at the Diamond con-
sisted Of doing odd Jobs about the
place. one day Smith asked witness II
he had any small hinges, and witness
said he told him he didn't believe he
had. Saw Smith on the afternoon Of
August 9th last on that day there
was an account In the papers Of Judge
Powers receiving an Internal machine
Had a conversation with Smith regard
ing the article The subject was In
troduced by Smith. Witness was sit
ting on the steps Of a saloon In Dia-
mond talking with an old man named
Phillips. Smith came along, called wit
ness % one side and showed him q
copy Of the paper containing the ac-
count.
CLAIMED 1T WAS A JOB"
~ told him." said the witness. "he
had been arcustd Of sending the ma
chine and | said Smith, you ought to
own up to IT,
What reply did the defendant
nake?"
"He said It wasn't true, and that the
SIS Of BIS were trying TO put up a
Job on him"
Here the witness was shown two
thirty-eight caliber cartridges, a small
quantity Of black powder, piece Of
metal, a guard Of a revolver trigger a
''Tintic Miner" card, burnt photo
graphs, scraps Of brown paper. powder
In a giant powder box. small white
handkerchief. blocks of wood, twine and
stubbs OF nails.
These articles, witness stated. were
found by him, Marshall Henroid and
others in the shaft OF the old Pacific
mine at Diamond, after the Goth Of
August. The Pacific mine was situated
about 500 yards east OF north OF the
Diamond mine The pieces OF wood,
witness said looked as though they had
been sawed NTH wide set keyhole
saw, A saw OF that description was
used In the Diamond mine shop.
FOUR TIMES IN PEN"
Under cross-examination Biddlecome
said he first met the defendant in the
penltentiary about thirteen years ago.
Biddlecome admitted he had served
four terms Of Imprisonment, but did
not consider he had been convicted
either time. Knew Judge Powers. and
had great respect for him. Had never
made any threats towards the judge.
He was certain Of It, Anyone that
would say he had ever uttered disre-
spectful word against him pregarlcated.
JAMES BLOWERS TESTIMONY.
James Blowers, mining man from
Diamond, testified that he roomed with
Smith during the month Of August at
Mrs, Browns lodging house In Dia-
mond. Witness was at the time en-
ployed at the Diamond consolidated.
First time he saw Smith down there
was July q. Met him frequently after
that Remembered the day the voun-
tcCrs returned. Smith was not at Dia-
lnond that day. He had previously told |
witness he was going into Salt Lake !
TO see the soldier boys. Smith returned |
10 Diamond the Sunday night following |
the arrival Of the batteries. which was
August 10th.
Before Smith started for Salt Lake he |
took" witness coat. Smith returned |
the garment few days later Witness /
had occasion 20 wear the coat the We'd |
nesday following and In one Of the |
pockets he found some tobacco, which. |
on being ignited, flashed a number Of |
times, showing powder had been mixed |
with II. Here court took recess.
BLOWERS RECALLED.
Blowers was recalled this afternoon |
and In answer 10 Mr.. Putnam said that |
Smith asked him the Monday or Tues |
day OF volunteer week TO buy him a |
pair of small hinges. Witness said he |
went 10 the store for the purpose Of |
making the purchase, but the store was
out OF them. He bought white factory |
He also cashed SIS time check for the
defendant Sunday afternoon, August |
9th. Witness understood Smith TO say
that he had job al Mammoth and was
going there 10 work.
The distance from Diamond TO Nam
moth was about five miles.
CROSS EXAMINATION.
Blowers was cross-examined by At
torney Westeryelt and said Nv first met
Smith at the penitentlary In 1856 Wit
ness was serving a four years sentence
for grand larceny. Never carried
powder In any Of his pockets. Was
certain the powder that got mixed up
with the tobacco In his coat pocket
was not there when Smith borrowed
the garment.
Upon redirect examination witness
stated that Smith told him he was go
ing to Salt Lake and give himself up.
That was after the papers had accused
Smith OF the crime