The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-13

he is said to have expressed the two
packages.
Deputy Sheriffs Sam Dowse and, John
McDuff were then called. and testified
regarding the black suit of clothes
worn by the defendant on Aug. 80,
when he was handed over to their Gus
tody They were followed by F. H.
Stewart. a miner of Silver City, who
said that last August he was sleeping
at a cabin on the mountain side near
Diamond. On Aug. q he missed suit
of black clothes from his cabin.
When did you see those clothes
again?" asked Attorney Putnam.
ION the day of the preliminary hear
ing. at the county jail"
Were there any articles in the
pockets of your clothes when you miss
ed them?"
yes. sir; a receipt for storage on
the r. G. W., some business cards and
photographs
The various articles enumerated
were produced by the state and iden-
titled by the witness.
Smiths Witness Called.
The prosecution then took advantage
of the subpoena, issued by the court,
in behalf of Smith. and called George
A. Phillips. a Diamond miner, whose
in his favor. Phillips stated that he
had received a, letter from Smith, sub
sequent to the latter's arrest. He said
that he had always known Smith I'M
der the name of Mcdonnell.
As soon as the testimony regarding
the receipt of the letter had been de-
lvered, Mr.. Truman registered a Wig
orous protest to it's Introduction. The
motion. however. was overruled and
the letter was produced in evidence
and Identified by the witness.
The letter, read by Mr.. Putnam to
the jury, was as follows:
Salt Lake County Jail, Sept Z, 1892
George Phillips, ESl., Diamond, Utah:
Friend George:-Can you help a
drowning man? Do You remember of
US talking together one evening about
the END or 23rd of last month, and
man came up to me and asked me
II would address a, letter for him to
o. w. Powers and l said mo- but
would get him one addressed. I think
also you remember of seeing me on the
18th of last month about half after
eleven-or II O'Clock (when you got up
to dinneG) and again about-or between
and O'Clock. You saw me and /
asked you If you were going to the
dance that night. You seen me again
about $3.50, at Joe Biddlecombes mine.
when you came over to go on shift
Friend George, can you help me? If
you can just write me friendly letter
and say you would like to see me, as
all mail is read here coming in. send
you this by a friend. Also find out if
you can. who bribed Johnny Peck to
liz the way he did against me. George
If you can help me, you will always
have a friend. Say nothing to no one
Hoping to hear from you soon. Good
bye, with best wishes to you and
x-sr,f
JAMES MDONNELL,
Salt Lake City. Utah, in care of
county Jail.
Charles Hayden, another miner from
Diamond was then called and delivered
similar testimony with the same sequel |
His letter from Smith also was replete |
with a draft of the plan of campaign. !
1t was on lines similar to the epistle |
received by Phillips.
Smith to The Herald.
Charles IT. Harte, managing editor of |
The Herald, was then called. Mr.. |
Harte- stated that he received a letter |
through the mail. purporting to come |
from Smith, on the day following the |
publication of the account in The Her |
AID of the receipt of the boxes of |
dynamite by the express Office. The
letter was produced in evidence and
identified by the witness.
How is it, asked Mr.. Truman,
that it is now in the hands of the
prosecution?
Witness explained that a facsimile of |
the missive was reproduced in the |
of The Herald, whereupon the
attorney asked for the letter
and il was handed over to him.
The letter in question. 1t will be re-
bore the Silver City post
mark and stated that If he. Mcdonnell, /
we're really wanted he would give him
self up when court next was in session.
Fred W. Little was then called to
give expert testimony on the hand
writing of the various letters produced
N evidence. Witness stated he had
mad occasion to witness the accused
man sign various petitions before him,
n his official capacity of deputy clerk
IF the Third district court. In the
opinion OF witness the various letters
and envelopes were in the handwriting
IF the accused man Smith.
After the last witness had been ex-
used. Mr.. Putnam on behalf of the
state. arose and said: We rest
No sooner were the words out the
.ounty attorneys mouth. when Smith
irosn hurriedly and asked that a piece
If string. which was tied round a
he produced. be placed in
evidence. His counsel looked on in
blank amazement for brief period and
hen grasped the situation and their
,lient simultaneously. as Judge Norrell
old the defendant that he could do so
n due season and at the proper time.
Prosecution Proceeds.
Upon the defense recalling Joseph
Mr.. Putnam withdrew his
proposition to rest and the trial pro-