The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-05-11
TRIAL OF MURDERER MORGAN
CAPTAIN BROWNS SLAYER Is
BEING TRIED AT BRIGHAM.
Jury Secured and Sheriff Carbon of
Box Elder Tells Thrilling Details
of the Tragedy.
Especial Correspondence

Brigham City. May 1O.-At the opening
OF the second days proceedings in the
district court this morning in the case
of the state of Utah VS.. James Morgan,
! the work of obtaining a jury was pro-
/ ceeded with by the examination of two
newly subpoenaed talesmen, George
Davis and George Facer. The former
| had formed an opinion from reading the
case In the papers. and in answer TO the
question from the prosecuting attorney
rave you ever been convicted of any
nigh crime? Mr.. Davis answered that
ne did not know what would be called
nigh crime, but he had once been con-
Vlcted of and served term in the peni-
Tertiary for unlawful coha bitation.
After some little consideration of this
jurors status by the court and counsel.
the court ruled that the juror was eligible
Tor the Jury-boX for further examination
Mr.. Davis was subsequently excused
Mr.. James Spencer was also excused for
cause. An order was then made for the
following names were drawn: Andrew
Jensen, Andrew NJ. Nielsen L.. O. John
son, John Evans, Peter Sorenson and
William Forsgren. all of Brigham City.
a recess of twenty minutes was taken.
On reassembling. George Facer was chal-
lenged. William Forsgren and Andrew
M Nielsen were examined ana passed
Tor cause. At 1920 pm. the jury was COM
pleted and sworn TO try the case.
The following are the names of the
jury: Edwin Gilbert \; r: Capener, VII
lam IdShtII. Joseph SOEelSen. IL. 1.
Harris, Jacob Kintzler, Nels Christensen,
John l.. Christensen. Oliver L. Wilcox,
George d. Reeder. William Forsgren. An
drew NJ. Nielsen.
AT o'clock pm. commenced the OPEN
ing of the third session of this case. The
proceedings began by the counsel for de-
Tense Directing, but in vain. to Attorney
r. NJ. Allison acting assistant to the
prosecution. On motion of George r.
Chase, counsel for defense. r. II. Jones
was appointed to assist the defense. Az
FER varn adi cd
the jury as to what the prosecution pro-
posed to show.
Sheriff II. H. Carbon of Box Elder was
the first witness called. He told the story
of the incidents leading up to and includ-
ing the tragedy. He first saw defendant
on April so, east of the Hot Springs. He
and his deputy. Frank Thompson, were
in pursuit of two men who had held up
Fred Hansen on the night of April %.
They drove south to the Hot Springs,
reaching there about l o'clock in the
o'clock, he noticed two men coming along
the track. When they came within
about thirty or thirty-five yards. we
started out, intending TO meet them The
men started to run down the track One
stopped a minute; then started to run
again. We said, Hold on, boys They
continued to run northeast. We started
after them. A young man came from
the Springs to see what was the matter;
After we called them to stop several
times, We fired several shots. and
one of the men fired back. They were
seventy-fve yards away There were
about nine to twelve shots fired on each
side-in the neighborhOod of twenty-five
shots fired in ali. had eleven cartridges
and exhausted six of those. The men
got behind some rocks. about three RODS
from the road. We stopped. Inc men
continued shooting at US from behind the
rocks We were then about forty yards
apart Thompson stood still and ran
towards the hill. They followed the loot
of the hill The bullets passed right by |
me- We then went back to the Springs, |
as Thompson had no more ammunition !
This all occurred in about hfteen minutes
| then asked the men at the springs 10
Telephone to Ogden for the officers. Then /
we started south towards the North oe-
den road.
rowed a rifle and went back TO the |
Springs Then it was daylight. The Of |
ficers from Ogden arrived and Sherlit |
and Officer Bailey They had just driven |
uD in buggy right IN front OIL the
We ali started after them. After we got |
a short distance we separated. / Travelled /
about a mile. then / met Thompson and |
the man from the Springs. When they got
about half way up the mountain II was
a short time we saw TWO men below US
in the Springs They were Sheriff Layne |
and then we went-down to the Springs
and got our breakfast. Belnap ana
Brown and L followed the men TO the
base of the mountains about one and a
half miles. The tracks led us right up the
ridge 1t was very steep and rugged.
we reached nearly the top of the ridge.
following those tracks. Then we caught
sight of two men almost due west, PROB
them first We called to the men to stop.
Belnap called out, Hold on. boys. l told
them TO stop. calling as loud as L could
Both of the men looked back. They were
both running We saw them about
quarter of a minute. We started after
them. We saw them again. We were
IL f-fN,,a I
were still running about west Officer
Brown saw them first, the second time.
He says, Here they are. boys. We
were on top of a cliff at that time, the
there was very steep. Then L
think Belnap shouted, stop, boys, We
don't want to hurt you" l told them TO
The men stopped soon afterwards. In a
few seconds Brown fired a shot at the
men. He was about twenty yards ahead
Of us. Then belnap fired. he had a
and one fell and the other commenced
OF us. About five shots had
been fred when the man fell: l hred one
shot at Mr.. Brown. He took whiTl and
aimed probably two or three seconds at
Brown, taking deliberate aim. Mr.. Brown
Brown was north of the other dead man
4 few feet l saw him shoot. The other
lead man lay with his face downward.
After Morgan had fired he dropped be-
lind a rock. We shot at him about three
lines. We told him to throw up his
hands. He threw up one hand still lying
behind the rock. We told him to get up
and throw up his hands. After that /
fred one shot. He would not come out at
irst, but shortly afterwards two more
shots were fired by me and Mr.. Belnap =
and defendant rose up and we told him
% throw UP his hands and then he did
80. / turned the dead man over and
saw he was dead.
Defendant had a belt on him which /
ook one revolver had not been dis
.harged the other had been discha -ged
vice | searched the defendant and
ound on him a watch and pocketknife;
searched the dead mans pockets while
Mr.. Belnap went up to look at Mr.. | ,
Browns body. When / handcuffed de-
endant he says, Help my brother there,