Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-09
TWO WITNESSES
EXAMINED TODAY
Jury and Witnesses in the Smith
Case Excused Until Monday,
EVIDENCE OF R. HASLAM

Mrs. Burt OF Eureka Says She Saw
smith and Another Man Pass
Her Place.
But two witnesses were examined at
the Smith trial today and they were
Richard Haslam, Of Diamond, and Mrs.
Burt, Of Eureka. The former testified
that at the DEFENDANTS request he adj
dressed an envelope 20 Judge Powers.
The address on the box received by Mr.,
Powers, written on an envelope, the
| witness recognized as his handwriting,
which he wrote with an indeible pencil,
! but which some one afterwards re-
| traced with q pen and ink. For the
| benefit OF counsel for the defense Mr.,
| Haslam gave a sample OF his handwrit-
/ ing with hard lead pencil, and II was
/ so much like the other writing that
| there can be no doubt as 10 who wrote
| il.
Mrs Burt told the court and jury
! that she saw Smith pass her house the
afternoon OF Friday. August 20, going
| In the direction Of the railway depot at
| Eureka In his hand she said he car
ried parcel wrapped In white linen.
Shortly after noon today Judge Nor
rell adjourned court untll 10 o'clock
Monday morning.
The state has a number Of witnesses
yet 10 examine, and II looks now as
though the trial win run away into
next week before the case Is submitted
to the jury.
SAW SMITH WITH REVoLvERs.
When yesterdays report closed the
young man, John w. Peck. was giving
his direct testimony. Witness was
shown the boxes In which the ex-
plosiyes came. He said they were SINH
lar to those used az the Diamond mine
for powder and candles, Witness also
said he saw the defendant carrying a
roll Of brown paper similar to that
found In the box Of matches Of the
same kind as were In the internal ma
chine. At the same time Smith had
two reyolvers in his pocket; witness
saw them sticking out OF his coat pock-
et He also had Illuminating caps.
ibid defendant ask you for anything
else2" inquired Mr. Putnam.
yes, he asked me for some stout
cord, and / gave him some, about ten
feet
The cord, witness said, was the same
kind as that used In the construction OF
the machine. Witness talked with
Smith early in August He said that
ne wanted II thought that he had been
working at the mine on the Attn, 9Th
and 9th so that II he got into any
scrape he could show where he was.
AFRAID TO SAY NO.
"Dld you see Smith soon after the
machine was delivered to Judge Pow
ersg
Yes"
What did he say?'
"He came TO the cabin where | was
sleeping in the night and told me that
he had been accused OF sending the In
fernal machines, and that Il was those
SIS Of BIS in Salt Lake who were dog
ging him"
What did you say?'
81 told him | could not see how II af-
fected him. | knew him by the name
OF Mcdonnell, and Smith was the name
In the paper. He said, however II WAS
him they were after, and that he could
worked at the mine from the first Of
the week to the last from a. m. to
p. m. daily"
What did you tell him."
II said | would swear for him"
why did you tell him that?'
~ was afraid TO say no. He was
armed and | was afraid he would kill
me, so ! told him ] would swear for
him. lie said he believed | would, and
he shook hands with me and left, say
ing he might come back again tomor-
row night"
did he come again.
mo"
Peck said he went to the Pacific mine
with Gus Henrlod and others and there
found a number Of articles used In the
construction Of the machine.
TWO LETTERS FROM JAIL.
Mr.. Putnam here produced two let
tiers, each sent from the county Jail by
Smith to Peck. dated September and
Is, 1899 Peck said he received both OF
them. Both letters are similar with the
exception OF an additional sentence
which appears at the end Of the second
one. The earlier dated epistle reads as
follows:
Salt Lake County Jail. Sept. Z, 1899.
Johnny Peck, Diamond, Utah:-Dear
slr:-In regard TO your testimony
against me on the 25th of last month.
Johney, what did ever do TO you that
you should lie so against me? Did |
ever give you a cause? During our
short acquaintance | do not think I
wronged you In any way, SO you must
be Influenced or paid for such. Well |
Johney will 1t do YOU any good II | |
get life In PRISON. When you get older |
and have more experience you might be |
sorry for II. but It will be too late then |
10 do me any good, but II you have |
heart In you. win not the thoughts \
shadow It? To think you perjured a life |
away for few dollars blood money.
Come, Johney. be man and tell the |
truth about II. Life Is more than a day, |
A good deed cheers the heart on its
way. You know. Johney | did not |
make confession TO you Of my guilt.
You did not see a slx-shooter on me /
that night. You did not see me pack /
away any boards from the mine, or
cord. asked you II you had a string; |
you said no, and you offered me piece |
Of cord, but | did not take IT, / picked |
up piece OF cord that was on the bell
iNNo alh NHN dHvbN ga ihNhSS VII ~
and tied II around my day book, as |
had lost the elastic Of my day book.
You did not see me with two six
shooters on at the mine or any other
place. You knowed very well what I
took the two sticks Of giant powder for.
You asked me and told you. ] was
prospecting in the gulch and was going /
20 break rock / think you heard me
shoot. I did not sharpen my knife
there. Joe had no stone. BE a man,
John, and admit the truth. Yours truly,
JAMES MCDONNELL.
letter was as follows: