The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-09-23
TRIAL oE SILVER TIP.
Defense Is That of Justifcation-In
Jury's Hands.
Special Correspondence,

Especial Correspondence
Loa, Sept. 20.-The forenoon session of
court today was occupied by the state of.
ldsring testimony to prove that Silver
LIP knew Sheriff Tyler before the day of
the early morning battle between the
snerin posse and himself and confeder-
ates IN the rocky Businesses of the koo-
nefs Roost, ana that. together with the
idcl OF MS De3ng with Blue john, must
nave been cause for his knowing, or at
least having reason to believe that the
shooting that morning was by the officers
ana not py marauders, even if Silver
lip dldn see the faces OF his assail-
ants, and he was therefore not authorized
70 or JUSTIFIED in resisting and returning
the 1re OF the posse under the law of self
defense, and especially if he saw and
knew the sheriff, as the states testimony
tended to prove.
The defense consisted only of a recital
OF the encounter. by Silver Tip himself.
and the testimony of Mr.. Buhr to the eff
feet that at the time OF the assault Silver
Tip was in his employ and authorized
and employed by him to gather horses in
the vicinity where the hight occurred,
which Silver Tip said he was doing.
Silver Tip also said that Blue john
Was only an accidental visitor with him
at the time. having come 10 his camp the
night before and asked for and obtained
nights lodging. Silver Tip" explained
that he and the Indian were engaged
gathering Buhrs horses, the Indian help
ing him as a partial remuneration for his
having helped the Indian by taking HIM
to Moab for medical treatment. lie said
that on the morning in question the Indian
got up first and went a1ter the horses and
the nrSt infOrma ton he had of the pres
ence of anybody about the Roost, but
himself the Indian and blue John, was
the sound of shooting awakening him
from his slumbers; that he grabbed his
clothes and ran up a draw out or the way
and the Indian came to him wounded and
saying there were some fellows out there
trying to kill him.
4,
down the draw and made Dash across
a fiat, being shot at on the way, to some
rocks, where he could hide, and then ne
returned the fire OF the posse as best ne
could, seeing only an occasional head ana
not knowing who they were or what the
object of his assailants was He said
that he never had an opportunity to learn
who they were during the entire battle.
He would not have known Sheriff Tyler
had he seen his face, and ne never learn
ed who they were until long after the ar
fair. when he saw an account in some
newspaper of Sheriff Tyler and posse haY-
ing had an encounter at that place and at
that time. He testified also that he
never knew at that time that Blue John
was a fugitive from justice, or that ne
was wanted for stealing horses or that
he had stolen horses.
The testimony and theory of the defense
was that Silver Tip. was justified in all
REORGANIZATION, Silver Tip gave a
very incoherent and unsatisfactory ac-
count of his lffes history and of his tray
els. never having lived in all his forty
years in any city or place that could be
called village even, but all the time at
ranches and ii the mountains. He insist
ed that Joe Bush had tried TO bride him
by offers of help to plead guilty and offer
evidence to convict and warrant the ar
rest, and help him to capture and convict
other residents of the Robbers Roost
and especially Mr.. Buhr, who,
ttSflved Tip, said, Joe Bush designated as 4
the king bee of the Robbers Roost. The
defendant also said that these people We're
honest and straight, and had treated him
right, by giving him employment, etc.
and that he knew nothing wrong or Grim |
inaI about them, and hence could not ac- |
cept Mr.. Bushss offers.
Joe Bush's testimony was to the erect |
that "Silver Tip" after the affair, had
changed his name and started TO leave |
the country, he having captured him at
Soppeye on the Pareah. On his way to
Ariz.
The Jury went out Immediately after |
supper and at this writing (midnighD are
not yet in with their verdict.
Judge King highly entertained large
audience this evening for a couple OF |
hours in a very instructive LECTURE on the |
causes and incidents leading up TO the
war with Spain in Cuba. 1t was rare !
treat to the people of Loa, something new |
to them, and was deeply appreciated by
them.