The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-07-26

1 the shots? y. 1 ran from behind the
counter and was going upstairs; and
went upstairs.
/ Q. Mr.. Bigelow, to refresh your rec
I election. | will ask you if you did not
state to me the other day that you
heard three shots only? Collected TO;
objection withdrawn. A. 1 heard four
shots. j told you l was sure l heard
three shots, and thought l heard an
other one.
Judge Powers-We are not bound by
what he told him. and there can be
no purpose on the part of the prosecu-
ton to change the testimony of any
witness. to conceal any fact or to en-
deavor to have the testimony conform
to any theory.
Mr.. Van Colt Ito witness)-What do
you say as to your testimony now?
A. ! think there were four shots.
Q. State whether you are as sure Of
the fourth as you are that you heard
three a. 1t seems TO me just the
same. There was the sound.
Witness Cross-examined.
Cross-examination by Judge Powers:
O. Did you see Albert Morris there
A. Yes sir.
.. How long before that? A. He was
there at o'clock.
@. How long prior to seeing Burt
Morris. did you see Albert? A. 1t
couldn't have been over fifteen or TWEEN
ty minutes.
Q. Where did you see him? A. In
room 2.
q. How many with him? A. The first
time l went there We're four. The last
time three-himself and two ladies.
Description of Wound.
DR.. H. A. Anderson, county physician,
was called:
Q. State the result of the autopsy up
on Morris body? A. In the external
appearances first noted, the body pre-
scented several marks of violence. Pow
der burns about the right ear: hair
slightly singed about the ear: lips
somewhat cut; several bruises on the
scalp; also bruises on the face. There
was a perforation of the chest wall at
the angle of the seventh cartilage and
sternum, the ball passing through soft
parts. The chest cavity was then open
ed and the bullet was seen to have per-
foratcd the peri cardia or soft men,
brane covering the heart: the bullet
had entered the right ventricle of the
heart and ranged slightly to the left
and backward and through the right
oracle: had passed on and lodged in the
muscles back of the ribs.
DISCRIMINATION by Judge Powers:
q. You FOUND the deceased TO ne pnE-
sically well formed? A. Yes sir; he was
nearly or about six feet in height, 1
should think: weighed about 165; mus
cular and athletic.
Heard Three Shots.
John Hume, age 16, Western Union
messenger, was on the curbstone when
the shots were fired.
Q. How many shots did you hear? A.
Three.
Q. How long an interval between the
second and third shots? A. Just time
for mo to get off my wheel and part
way up the steps.
Q. Where did you go after getting up
stair? A. went to the first room on
the left, room No. /. / looked around
and saw two men struggling by the
lounge. I didn't recognize either until
after the shooting was over.
O. In what position were they at the
time you entered? A. Morris was on
his left side, head toward the lounge.
feet towards the northeast and head
little bit towards the southwest, close
to the lounge-a little bit on his left
side.
O. Could you see his face? A. Just a
part of it; small part of it.
Q. Describe the position of the other
man? A. The other man was kneeling