The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-09-02
Strong Case Made Out By the Prose
cution

Judge Timmony called court at IL
a. m.
City Marshal Gustave Henroid of
Eureka recounted the arrest of Nc
Donnell-who is prosecuted under the
name of John Y. Smith-at
Cherry Creek in Juab county
session sack of clothes, a
spool of thread and a 44-caIibre 'revcl-
Yer. The articles. with the exception
of the pistol, were exhibited in court
and identified by the witness. The mar
shall repeated a conversation he had
had with Mcdonnell at the time of his
arrest, in which the prisoner said he
was on his way to Fish Springs, hav-
| ing left Diamond at daylight that
(Monday) morning.
Did he say anything about the
charge against him?" asked Mr.. Van
Colt.
Yes" replied Henroid, "he said he
intended to give himself up when court
set and that he had written the Salt
Lake Herald to that effect
Damaging Evidence.
Marshal Henroid then entered upon
the important part of his testimony,
describing a search of the premises of
the Diamond Consolidated and the Pa
cific mine adjacent. Thursday morning,
by himself, James Morgan and Peck,
in which evidence OF a most damaging
nature to the defendant was discov-
cred. Van Colt produced a small bun
die of articles, which were identified
by Henroid. 1t included a paper con-
tanning about half pound of black
powder, some pieces of sawed wood, a
number of giant powder wrappers,
two 3S-calibre cartridges. a piece of
muslin about one yard square, a hand
kerchief, several business cards, a pa
per railroad storage receipt and two or
three stamp photographs. The cards.
receipt and photos were partially
burnt, and We're -sed later in the trial
to prove that the suit of clothes worn
by the prisoner was stolen. A number
of small nails with the heads cut off
were in the collection, and were dis
played as the missing parts to the
dummy nails in the Powers box.
The prisoner shifted uneasily in his
seat and leaned eagerly forward to see
every part of the collection as it was
laid out on the table before him.
When Mr.. Van Colt held up a piece
of metal (the portion of the trigger
guard cut from the pistol in BOWS box,
together with a long piece of Irvine,
corresponding with that attached to the
trigger. McDonnell's countenance fell
dejectedly. These articles were found
in the whim house of the Pacific mine,
an enclosure surrounding the shaft.
There had evidently been an attempt
to destroy the papers, which we're
found at the bottom of the shaft. The
bits of board were scattered about the
floor and the black powder was in
pistol box with the Irvine and giant
powder wrappers. The trigger guard
and nails were near the anvil in another
part of the room.
The prisoner, in answer to Judge
Timmony, had no questions to ask
Marshal Henroid.
Most Important Witness.
John Peck, an employee of the Dia-
mond Consolidated mine, and the states
most important witness, was next call
ed. He stated that his age was 10, and
that he first met Mcdonnell in July
last when the prisoner was working
at the Buckeye mine. Mcdonnell work
ed al the Diamond only one day, he
said, which was during August.
Did Smith ever borrow anything
from your" Peck was asked.
He borrowed a spool of white
thread
when was this?''
Just after the return of the volun-
ieo=s''
Did he ever ask you for ANYTHING
else?"