The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-12

STUDIES IN TEE COURT ROOM.
ers. who related the story of his mar
Vicious escape from instant death, and
Detective Sheets.
The major portion of the time in
the hearing of the case was taken up
again yesterday by counsel for the de-
Tense raising strenuous objections TO
the introduction of certain evidence.
r. ]. Duggan, the Wells Fargo ex-
press agent al Eureka, had barely been
called at 10 o'clock, when the defense
launched into an argument regarding
his exclusion, which continued until
close upon 3 o'clock in the afternoon.
The defense contended that all acts in
connection with the alleged time were
completed in Juab county, consequently
the court has no jurisdiction, and the
introduction of the evidence was OBJ
jected to on the basis that the crime
was not committed in this county.
Attorney Putnam. on behalf of the
state, toQl.tyhe position that as one re-
quirement OF the assault was the ldeiiv-
cry of the machines within etriking
distance OF Judge Powers. and that.
therefore. part of the crime was COM
mitted in Juab county and part in Salt
Lake county.
Judge Norrell linally overruled the
objection. and held that there could
have been no assault if the box mad
stopped in Juab county. but q vas ac-
complished when delivered by the agent
in the case. TO Judge Powers.
After the decision of the court had
been rendered, Attorney Putnam pro-
ceeded with his examination of the wit
ness. first having Duggan identify the
addressed envelope on the boxes receiv-
ed by Judge Powers and Warden Dow.
Mr.. Truman registered vigorous OBJ
lection TO the introduction of the sec
ond addressed envelope, on the theory
that the jury were not sitting upon the
Dow case The court ruled that the
alleged sending of the two boxes was
so interviewer in the case that he should
oyerrule the motion.
Witness went on to describe the
boxes, which he said were covered with
~A.hite cloth, and the addressed enye-
lopes were stitched on TO the cloth with
white thread. He identified the white
covering as being similar to that which
covered the packages he received. Dug
gan said he delivered TO the express
messenger on the morning train for
Salt Lake City, which left at $40, and
generally arrives here at 9:55. Con-
tinuing, he said: The man asked If
those boxes would be opened. and I
told him no"
Witness said the man was of rather
medium height, and l believe he wore
a moustache." The express agent was
unable to identify the defendant as be-
ing the man.
on cross-examination Duggan said he
believed ii was somewhere between or
o'clock in the afternoon when the man
brought the packages; he gave the
mama of Butler.
DO you swear that that man SITTING
there IS the man?"
NO, sir; I do not"
Boxes Received Here.
a. c. French, the local agent of the
Wells. Fargo & Co. Express was then
called. He identified the envelopes in
question as having passed through the
hands of the express company. The
one package. he said, was delivered to
Judge Powers, while the one addressed
to Warden Dow was subsequently
handed to Detective Sheets.
Judge Powers followed. Upon being
called he entered the room and imme-
diateiy Smith fixed his gaze upon the
lawyer. and during the time the witness
was upon the stand he never allowed
his eyes to wander from the face of the
man whose recital of the story of the
receipt and subsequent opening of the
death-dealing machine held the aud
fence sQellbeund-
Judge FONerS proceeQeu 10 STATE tnal /
about il o'clock on the morning of the |
Goth of August he received an express !
package. Il was alone" he said. in /
the Office when the messenger came in. |
and / signed for the package. The box |
WAS covered with cotton cloth, I'M
bleached. sewed together. Upon the |
top Of the box was an envelope address (
ed 10 me-" On being shown the alleg-
ed covering of the box he said: That /
looks like the same piece" Continuing. !
ne said: Il looked at the box a moment, |
then took q knife and carefully cut the |
threads
Judge Powers Intuition.
From some inexplicable reason 1 had /
a presentiment that all was not right, /
so after / had cut off the envelope and |
held il 10 the light and saw nothing in I
side ] placed it. together with the (
in my drawer. Before opening 1
the box 1 proceeded to the postoffice, I
TO get a letter advising me
that some ore samples had been shipped |
To me. There was no letter, so / re- |
turned to my office, picked up the box
and shook it; 1t emitted Il sound as
though il contained dry sand. Then 1 |
observed q Screw on the bottom and I
took up a paper knife. with the object |.
OF unscrewing it, but laid it down
again. Then ! examined the cloth |
and discovered a few grains
nf black powder.
THAT settled it. l promptly notified