Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-17


wrench Ia his hand. liking the vehlcici
he was probably twcnty-Hix yards from
bayea. he could not nN any particular
gay Ia February That be saw ltayeai y.
dld not speak to Hayes, and Hayes dld
not speak to him. he had talked to
Hayes three or iour years prior To the
trial FOR about hali an hour; about
year after that he me Hayes On the
rad east OF ischi bridge and talked 10
HIN a few minutes. he saw Hayes Oc-
casionahy passing his ranch at Lchi. 3.
Marion Mniker testified that he saw
Hayes at the Hayes ranch between the
10Th and goth OF February. 1883; Hayes
was thirty or forty yards southeast
ion his house, with a wrench IN his
hand; walker was hauling posts In
wagon which was in front u the wagon
that Evans was driVing Walker did
not know Hayes very Intimately; had
an Introduction 10 him once anEhtly,
Two or three years prior to the trial
when he (MalkcrD was In the black
smith shop ut fchl aud Hayes came
~ 10 get a plough point shatpened.
walker asked who he was and some
one said u was Harry Hayes, and
walker said. 20. that's the Teller that
jumped Gus SHADES place" aud Hayes
replied. ITS none Of your damned busi-
ness walker tertlned that he was "A
very Intimate friend OF Gus sladc and
was with him every year from the first
to the last Of April. In shearlng. Walker
further testified that he never talked
with Hayes after that episode In the
blacksmith shop.
ID. y. Hightrmnn testified that he saw
Harry 4. Hayes at the Hayes ranch
somewhere between the i1th and goth
Of February. 1875. h. saw two other
men there with Hayes did not know
who they WERE u was about II OF ~
o'clock In the day he saw these three
men.
ON the 18th day OF April. 1891. W. u.
Clements made affidavit, which IL now
ON iile with the board Of pardOns. IN
which hc stated that AIR. liightsmnn
had told him about the Time the Dgdicg
% the three boys were found IN utah
lake. that he uiightamanJ WAS going
10 volunteer TO Ko Ms a witness ~ got
Hayes. ana " tho truth would not COM
Wet Hayes. lying would" These 1--we
witnesses were the only ones produced
at the trial who tcatincd that Harry n.
Hayes was at tho ranch ABOUT the mid
die OF February. 1885. thter tcstifying
positively that they saw him there.
anu the other two tcstlfying as 20 facts
frm which an Inference might be
drawn that Hayes left Eureka for the
ranch about that time.
opposed to these I'VE witnesses were
the following. who testified on behalf
Mrs. Caroline Hayes testified that she
was Ia Eureka from the iith day OF
February w 10 the s2nd day of Feb
ruafy. that her husband Harry n.
Hayes. was there during all that time.
she saw him every day and every meal
and slept In the same bed with him
every night. on Saturday February
itth. after dark. she ssnt Mr.. Hayes
with Mra. kell.y's little Elfl to help
pack "a dress to Mra. kcllcy'a house.
which she tMru. lgaycu) had made for
Mrs. Kelley. ON the afternoon Of Feb
ruary 10Th Mrs. Hnycs received two
letters, one from Sit. stewart and one
from AIR. WhltccottOn and rcnt the let
tiers BY Mr. Hayes 10 Mr. Pierce to get
advice about the cuutrntn. ON that
same day Mrs. Hayes testified that MIR.
Hayes came aud got "A book Blainca
Twenty Years In Congress" ON that
same date IN the afternoon. AIR Hayes
purchased pair % pants from air.
itch. and Mrs. Hayes paid Rich n s.
sold piece for the pants.
Harry 4. Hayes testified that he was
In Eureka during the entire month of
February, 1885. and was never outside
Of the town during that time. ON Feb
ruafy ~, 1895, Harry Rich borrowed a
pair OF lcgginn from him TO go To the
masquerade ball that night. Hayes dc.
MED having the conversation which Dr.
a. y. Lombard claimed that he had
with him on February 18th. denied that
| he went duck hunting on that day. de-
MED that he drove out OF Eureka ON tho
afternoon u February 18th; denied that
hc drove Into Eureka In a. vehicle on
February 18th. at Maiiey's place uf Lus.
incza. that he had Just got In. Testified
that on the evening OF the 18TH ~ Feb
runry, 1896. he took dress home to u
lady. accompanying little girl at that
time. who showed him tho place. testi-
| he'd that Mru. Hayes bought "A pair OF
| pants for him from Mr.. Itch on the
| 10Th of February.
charles Knrrn. who was u witness
| for the prosecution. testified that he
| heard the defendant Harry Hayes. tcs-
/ tify at Lchi at tho coroncr'H Inquest.
that he OHayca) was In Eurckn from
December. 1894 until March 1895, and
that he uiaycsl had not been 70 Pelican
Point during that time.
John A. Brown testified 10 the same
effect as To- what Hayes had testified 10
nt the coronern Inquest
n. q. Wilson testified that ON Satur-
| day afternoon. February 18th. he saw
/ Harry y. Hayes In Eureka and asked
him " he had time 60 come down and
/ clean on the ice Ia front OF his building.
and Hayes said ne could not. ana that
he had few days work 10 do over
| at fuckers store. Wilson then got u
/ man and the man worked Tor him on
sunday. February 18th; Wilson Kept q
book account which showed that ho
paid the man on on February 18Th.
| Daniel Kelley testified that Mra.
| Hayes made dress for his wife In Feb
runry. 1895. ana he saw u nt his house
Sunday morning. February II. 1895, That
| on Saturday afternoon, February loth'
his little Girl had gone 10 Mrs hnyes's
| for the drcaa and come back without
bringing the dress. and her mother
| sent her back 10 Mrs. linycn's 10 yet tn
| dress, but that he tkclloy) was not AT
| home when the child came back the
second time; that he went 10 work az
o'clock saturday afternoon on me
night shift. Nc. Kelley knew u was the
10Th, because Il was the day after the
Heck payday. and when his wife sent
the child back for the drcsH the second
time he saw her roll up the money IN
IA handkerchief
Joseph nanniiin testified that he saw
| Mr. Hayes In Mr.. Rlch'a tailor shop IN
Eureka about I o'clock ~ the afternoon
Of February 18th. he linnnifnl was
| Looking at some clothes and paid Mr.
! Rich "a part payment on a suit OF
| clothes; Mrs. Hayes, Mr.. Rich, Mr.
! Rlchf son ANA woman ana Mr.
Hayes were present. saw Mr.. ana Mrs.
Hayes looking At a pair OF rcady-mahe
| pants, Il was the day after the bulion-
| seek payday; ilannifn wanted 70 yet
a suit OF clothes for the iith OF March
/ and he won't INTO lkichs tailor SHOP
ana ordered II and paid $40 down ON
| the auit. ~ he would be-. sure To have u
/ Tor 81. patrlckH day. Rich gave him
receipt. and that receipt helped him
]. A. Pierce testified that he was