The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-09
A Group of Lawyers and Witnesses.

A Group of Lawyers and Witnesses.
in the dead of night. confessed his
crime and asked the boy to swear to
an aIibi and save him.
Taken all jn all. the examination of
the three witnesses, which occupied the
entire day, dragged along with tedious
ness. Some of the Jurors were OBJ
served to take sly glances at their
newspapers; others stood up and
stretched their legs, while Attorney
Truman after his exertions on the de-
PENDANTS behalf during the last two
days, spent the balance of the after
noon between placid sleep and tumultu-
Gus objections.
Warden Dow was an interested spec
ta:or at the proceedings, accompanied
by Guard Martin of the state prison,
who sat Immediately behind Smith. to
intercept any movement on the part
OF the defendant TO fulfill his promise,
made when arrested, that he would
not gaato prison.
il WAS few minutes after 10 O'Clock
when the state and the defense signi-
fed their readiness to proceed with the
trial.
Joe Biddlecomb Called.
The first witness called by the state
yesterday was Joseph Biddlecomb,
foreman of the Diamond Consolidated
IllHt, UiIlE llAAlti- SDLtI
of Eureka. Witness stated that he
first saw Smith, the accused man, on
July 20. when he came up to the mouth
of the shaft After the recognition
had become. mutual, Smith explained
his long absence by stating that he
had been in scrape up in Idaho, and
that Judge Powers was responsible for
his trouble" Defendant went by the
name Of James Mcdonald while he re-
sided at Diamond. and worked at the
Buckeye mine. He was in the employ
of the latter mine for q period OF TWEEN
ty-five days, after which witness stated
that Smith asked him to give him en-
ployment- on the Diamond eompany's
mine.
Biddlecomb said he promised him a
job. and Smith hung around the Dia-
mond mine at different subsequent per-
iods. On or about Aug. u. Smith asked
witness whether he had a pair of strong
hinges. On the night of Sunday, Aug.
-, witness said he saw Smith and had
a conversation with him relative TO the
article in The Salt Lake Herald, re-
garding the Internal machine, which
had been received by Judge Powers the
day previous. Continuing. witness said:
lr Il was sitting on the steps of Doyle's
saloon. talking to old man Phillips.
when 1 saw Smith coming up the road.
He called me to one side and asked me
AnGLuCI 1 1t<iN JIG PeAPt4S SeiAQ
yes, and you are accused of doing that,
and you did it, He denied it, and said:
The SIS of BIS are just logging me-
Did he ask you for any money on
that occasion?"
Yes, sir
Did he get any?"
Eyes. sir; 1 gave him time check
for s15.'
Witness then went on to state that
the following Tuesday Marshal Hen
roid, the boy Peck and he went over to
the shaft house Of the Pacific mine,
where they picked up a filed-off trigger
guard, black powder, two 5S-calibre re-
volyer cartridges. partially burned 40
tographs and cards, small scraps OF
brown paper and a pasteboard revolver
box, small white handkerchief, some
blocks of wood, fragments of giant
powder Boxes, string and Stubs of
nails. Witness identified the articles,
which were produced in evidence.
Bidaleconab stated that the Pacific
mine. during the month of August, had
been closed down. the articles in que=-
tor were found AZ the bottom and upon
the timbers Of the shaft: also in and
about the within house. The Pacific
mine, he said, was situated some 400
yards distant from the Diamond Con-
solidated-
In answer to questions. BiddIecomb
said that the pieces OF wood bore the
appearance of having been sawed with
a wide-set keyhole saw, similar to one
which hung in the shop of the Diamond
Consolidated. and which was his prop
erty.
crosszexanined by Mr.. Westervelt,
Bid1leeeIhb stated he first met Smith
in the. Penite1Itiary some thirteen years
ago Witness said personally he had
been convicted four times. but he
added: y don't know that / was con-
victed at ALL" Smith smiled a broad
smile when witness stated that he al
ways held the highest regard for Judge
Powers. and that he had never said
anything against that lawyer.
James Blowers Testimony.
James Blowers. a resident miner of
Jrab county. was then called and tes-
tilted that he saw the defendant Smith
on July &c. He said that about the
10th of August. Smith and he shared
a room in Mrs. Browns boarding
house at Diamond. On Aug 70 Smith
signified his Intention of going to Salt
Lake TO see the volunteers come home.
Smith borrowed coat for the occa-
sion from witness. On Wednesday fol-
lowing defendants return. he returned
the garment: witness found upon using
the tobacco left in the pocket OF the