Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-08


Smith told him that he had been In a
scrape at Idaho. since last we met
and that Judge Powers was the man
who sent him up for H.
Here counsel FOR the defendant inter
posed an objection 10 the testimony.
claiming Il was immatcrlal Tor the rca-
fon that II did not come within the
period August 20 issa-of the crime.
as alleged In the Information.
STR, Putnam said the testimony was
perfectly proper. the object Of the State
being TO show q motive on smiths part.
The objection vas ovcrrulcd'
ONE OF SMITHS ALIASES.
Continuing Blddiccome said that
while at Diamond Smith went under the
name Of JAMES Mcdonald. Smith put
In about twenty days work nj the
buckeye mine and also worked at the
Diamond. when witness was foreman.
Smith came to work all hours Of the
day and night Sometimes be- brought
his meals with him and other times he
didn't His work at the Diamond con-
sisted of doing odd Jobs about the
place. one day Smith asked witness II
he had any small hinges. and witness
said he told him he didn't believe he
had Saw Smith on the afternoon Of
August 9Th last. ON that day there
was an account In the papers OF Judge
Powers receiving an Internal machine.
Had conversation with Smith regard
Ing the article. The subject was In
troduced by Smith. Witness was sit
ting on the steps of n saloon in pia-
mond talking with an old man named
Phillips. Smith came along, called Wit
ness 20 one side and showed him
copy Of the paper containing the ac-
count
CLAIMED IT WAS a JOB"
81 told him." said the witness he
had bocn a"'ustd o. sending the ma
chino and said smith, you ought to
own up to IT,"
Whit reply did the defendant
niake?"
'lle said 4, wasn't true. and that tho
r.s OF b-s were trying to put up n
Here the witness was shown two
thirty-oight callber cartridges. small
quantity 81 black powder, piece OF
metal, n guard OF n revolver trigger. "A
'"Tintic Miner" card, burnt photo
graphs. scraps OF brown paper. powder
In u giant powder box. small white
handkerchief. blocks OF wood, twlnc and
Htubhs Of nails.
These articles. witness stated, were
found by him. Maruhall Hcnroid and
others In the shaft OF the old Pacific
mine at Diamond. after the 2sth ~
August. The Pacific mine was situated
Diamond mine, The pieces Of wood.
witnens said. looked ms though they had
been sawed With a wide set kcyhoie
saw. A saw OF that description was
used In the Diamond mine shop.
FOUR TIMES IN PEN"
Under cross-examination Biddiecomc
said he first met the defendant In the
penitentiary about thirteen years ago.
Biddlccome admitted he had served
four terms OF Imprisonment. but did
not consider he had been convicted
either time. Knew Judge Powers. and
had great respect for him. Had never
mnde any threats towards the judge
He was certain Of II. Anyone that
would say he had ever uttered a disrr-
spcctful word against him prevarlcatcd.
JAMES BLOWERS TESTIMONY.
James Blowers. mining man from
Diamond, testified that he roomed with
smith during the month OF August at
Mrs. Browns lodging house In Dia-
mond. Witness was at the time em-
ployed at the Diamond consolidated.
First time he saw Smith down there
was July a. Met him frequently after
that Remembered tho day the volun-
tutr returned. Smith was not at Dia-
'nOnd that day. He had previously told
witness he was going into Salt Lake
to see the soldier boys. Smith returned
TO Diamond the sunday night following
the arrival of the batteries. which was
August goth.
Before Smith started for Salt Lake he
took" witness coat. Smith returned
the garment few days later Witness
had occasion TO wear the coat tho Wed
ncsdny following and In one OF the
pockets he found some tobacco, which
on being ignited. flashed II number OF
times, showing powder had been mixed
with IL. Herr court took u recess.
BLOWERS RECALLED.
Blowers was recalled this afternoon
and In answer to Mr.. Putnam said that
smith asked him the Monday or Tues
day OF volunteer week to buy him u
pair OF small hinges, Witness said he
went to the store for the purpose OF
making the purchase, but the store was
out Of them, He bought white factory
for defendant, at the latterH request.
He also cashcd u So time check for the
defendant Sunday afternoon. August
eth. Witness Understood Smith To say
that he had a Job at Mammoth and was
going there to work.
The distance from Diamond TO NAM
moth was about Ave miles.
CROSS EXAMINATfoN.
Blowers was cross-cxamlncd by At
torncy Westervelt and said liz first met
!Hllin NJ wv I'HlANNAiAl0 III ANaNs WIZ
ness was serving four years sentence
for grand larceny. Never carried
powder In any Of his pockets. Was
certain the powder that got mixed up
with the tobacco In his coat pocket
was not there when Smith borrowed
| the garment.
Upon redirect examination witness
stated that Smith told him he was go
Ing to Salt Lake and give himself up.
| That was after the papers had accused
Smith OF the crime.
Redirect croSs-examinatlon. Witness
had not read the paper Smith told
him OF II. and others had mentioned II
| to him.
SAW SMITH WITH TOOLS.
John w. Peck. "a i9-ycar-old youth.
| testified that HIS home was at Diamond.
| but at present he was going Ia school
| In Provo. lie worked at the Diamond
mine last summer. Saw Smith there
last July. The defendant went by the
name OF James Mcdonald. Defendant
assisted witness doing odd Jobs and
came and went as he pleased
Have you ever seen Smith sharpen
| any tools7' objected TO. Overruled.
| Wltness--"Yus sir. I once saw him
| sharpen pocket knife"
bered seeing Smith bring back to the
n bottle OF machine oil. Conld not re-
member whether II was the first or last
| OF August that he saw Smith return
the articles. Witness further testified
that Smith asked him for some cotton
| apI .ulfpaua au IA ha INV, him IA annpl al