Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-09-25

Trial Of "sivsr TIP" - Interesting resti-
mony OF Defendant aud Employer.

Trial 81 "silvsr tn" - Interesting Testi-
mony OF Defendant aud Employer.
Special Correspondence.
Loa. Wayne County. Sept. 2o.-The
session OF court today was an interest
Ing one. The morning was occupied
by the state Offering testimony TO prove
that silver TIP knew sheriff Tyler
before the day Of the early morning
battle between tho shorins posse and
himself and confedcrates In the rocky
Businesses ~ the Robbers R0ost. ana
that. together with the fact OF his be-
ing with blue John" must have been
cause for his knowing, or at least hay-
Ing reason TO believe that the shooting
that morning was by the officers and
not by the mnruudrrs, even N "SilNCr
TIP" didn't sec tho faces OF HIS nAsail-
ants. ana he was therefore not author
lied 10 or Justified In resisting and re-
turning the IRE u the posse under the
law OF sclf-dcfonae. ana especially II he
saw ana know the sheriff. as the States
testimony tended 10 prove.
The defense consisted merely OF re-
cltul " the encounter. by silver Tip"
himself, and the testimony OF Mir Buhr
to tho effrct that nj the time OF the
assault silver TIP was In his employ
and authorized and employed By him
90 gather horses Ia the vicinity whrrt
wv AANNAA NNAANNNAH " AANNA NANNNN AAH
said he was doing. silver TIP also
said that blue John" was only an nc-
Cidcntu visitor with him az the time,
having come TO his camp the night be-
fore and asked for and obtained
nights lodging. "Sllycr TIP explained
that he and the Indian were engaged
gathering HuhrH horses, the Indian
helping him Ms a partial remuneration
FOR his having helped the Indian BY
taking him TO Moab for medical treat.
mcnt. He said that on the morning
In question the Indian got up first and
went after the horses. and the first In.
formation he had OF the presence OF
anybody about the Roost. but himself.
the Indian ana blue John was the
sound OF shooting awakening him from
his slumbers; that he grabbed his
clothes and ran up draw out Of tho
way ana the Indian came 10 him
wounded and saying thorr were some
fellows out there trying 70 Kill him.
silver Tip dressed hurriedly and
came down the draw and made "a dash
across Nat, being shot nj on the way.
20 some rocks. whore he could hide. and
then he returned the ere OF the posse
M best he could, seeing only an occn.
slonul head ana not knowing who they
We're or what the object OF his nnsnii-
ants was. hc said that he never had
nm opportunity to learn who they wcrc
during the entire battle. lie would
not have known sherin Tyler had he
seen his face, and he never learned who
they were until long after tho nffnir
when he saw an account Ia some news
paper Of Sheriff Tyler and posse having
had an encounter az that place and al
that time, lie testified also that he
never know az that time that BLUE
John" was fugitive from justice. or
that he was wanted FOR stealing horsca
or that he had stolen horses.
The testimony ana theory OF the de-
fcnse was that "Silvcr Tip" was justi-
led In all he did under the law OF self
defense
on cross-cxnmlnatlon. "sllver Tin"
gave very incohorent and unsatlsfnc-
tory account u his lifC'H history and Of
his travels, never having lived In All
his forty years IN any city or place
that could be called village even. hut
nh the time az ranches and In the
mountains He insisted that Joe Bush
had tried TO bride him by offers OF help
To plead guilty and offer evidence 10
convict and warrant the arrHet. and
help him 60 capture and convict other
Try. and especially Mr.. Buhr. who. "sil-
Yer TIP said, Joe Rush designated oa
the king hee OF the Robbers Rnost The
defendant also said that these people
were honest and straight. and Ind
treated him right by giving him om-
ployment, etc. and that he knew moth
Ing wrong or criminal about them, and
hence could not accept Mr. Bush's Of
fers
Joe Bush's testimony was to the of-
feet that silver IND" after the ar
fair, had changed HIS name and started
TO leave the country he having captured