The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-12-09
BATES ON TIE STAND.
Prisoner In Murder Trial Gives His
Testimony.
(speoiaI Correspondenee.l

]
Especial Correspondence
| Provo, Dec. 8.-During the Bates case
/ trial the prisoner took the stand in his
own behalf
| Mr. Mahnken. the first witness called.
! testified that he and Deputy Sheriff Brad
/ ley took possession of the two poles. or
| clubs. used in the fight, and took them
| to Tooele City. On cross-examination il
/ was elected that witness had taken CON
! siderable interest in the prosecution OF
| the case. and that he had counseIed upon
dlHerent occasions with the officers OF
the state. Mr.. Mahnken was commission
er OF Iooele county in 1885
Charles Anderson, who was in the en-
Dloy of Mr.. NordGuist at the time of the
Jrouoie, said that on the morning of
sept, z, 1855, he and Mrs Nordquist went
TO Mercur with load of ranch products
ana {hat when they returned, about 3
CLOCK IN the afternoon. Mr.. Bates and
I Mr. NOrdQuist were eating dinner in Mr.
NOr0qulStS house They had a little tod
Gy, OF which ne, Anderson, was given a
drink The two men, said the witness,
seemed TO be on the best of terms. He
went 10 the corral later on and saw
Bates. Nordquist, Lindherg and others
He told of the aItercation between Bates
| and Nordquist. When Bates threw Nord-
quist to the ground, witness took Bates
of NordQuist and Immediately after Mr.
Nordqulst arose and picking up the sack
stake started out in quest OF Lindberg
ana ordered Lindberg away from the
premises. Al this Mr.. Bates went out of
the corral. Immediately returning with
the large qUalKing ash pole.
The two men approached each other
near the center OF the corral, each hold
ing club, and the fatal blow was struck
by MI Bates Bates Immediately left
the premises, and witness did not see
him again that night Cross-examinatiOn
brought out no additional facts. This
closed the case on the part of the state
The theory of the defense as set forth
by Attorney Whitecotton is that Bates
assaulted NOTdquist in self defense, and
that the club, or pole, used in the affair
was picked up in the corral near the place
where the row occurred.
Mr. WhttecOttOn first read the testimony
OF Deputy Sheriff J. F. Bradley, which
in substance related these facts: Mr..
Bradley was at the Nordquist place Sept
q, 1898, and examined the ground where
snow on the ground, and he saw the i'm
print in the snow Of two bodies. and saw
a pool of blood there. He also saw the
imprint OF pole. about the size Of the
one alleged to have been used by Bates in
killing NOrdquist. The imprint of the
pole was about four or FIVE feet west
from the point where the impression of
the two mems bodies were found. Looked
as though the pole had lain there for
some time. Had made a slight impression
on the ground beneath the snow. 1t was
somewhat covered with dirt. Saw other
sticks, or clubs, lying around in the cor
raj. Took the two poles exhibited in court
IT, Tooelo and delivered them to the sher-
Mr.. Bates. the defendant, was then
stantially as follows:
He is a man 80 vears old with a wife
and two little girls, and was married
man with the same family at the time of
the trouble with NOTdaxist. living about
three-fOurths Of a mile away from the
NoTdquist home. He had been intimately
acquainted and friendly with NOrdquist /
for about eight years He frequently Wis
tied MT. NOrdQuist as a friend. and went /
down 10 see him Sunday. Sept. p, 1895 !
and spent the day with him in q neigh /
bOTly way. Drank number Of tOddieS /
together and both took a cold lunch at
Mr. Nordcuist's Ia b1e /
At a late hour in the afternoon they /
went TO the corral where the cows were {
being MIXED, and upon arriving there |
they got into a discussion as to which was I
the better milch COW In the bunch Mr. I
Bates had his choice and Mr.. NOTdquist /
had his. Mr.. NOrdquiSt proposed that he /
Oates milk his choice COW and that one 4
of the girls would milk the other, and /
they could then determine which of the 1
two cows was Che better mixer. Mr., /
Bates proceeded to milk his COW and 4
through some unavoidable means the I
milk was knocked over Mr. Nordquist 4
said to Bates.
To which Mr.. Bates replied that he i
could not help il; the -- -- COW /
kicked IL over
Bates and asked him il he meant to call |
him CNordquisO names Bates replied I
that he did not; that he was gentle !,
man; WhereupOn Nordqu1St struck at MIN /
and a scuffie ensued- The witness said /
that he threw Mr.. NordqUist down three /
or four times. during which time Nord- /
quist struck him in the face, and that /
he struck NOrdquist back. Mr.. Ander- /
son and Mr. Lindberg interfered, and the /
witness was taken of Mr.. Nordquist, /
whereuDOn the latter jumped up, and, /
swinging a club. started after Lindberg [
and struck at him.
When Mr.. Nordquist picked UP the club |
witness said he got UP and started out /
Of the corral. but that Nordquist fol- 4
lowed MIN with the club raised in :
striking attitude. Fearing that he could /
not escape injury at the hands of Nord- /
duist. witness stated that he seized
qua king asp pole lying in the corral and 4
struck the fatal blow Mr. Bates denied I
using any improper language toward Mr.
Nordquist's girls OF toward him. Said 4
that while they had been drinking consid-
cradle he vas not very drunk Witness
said that after the trouble he went home
afoot. got a horse and went to his brother
Grin place, then returned 10 NOrdquist's
place 10 see what had become of Lind
berg
When he arrived at the Nordquist place
he called for Mr.. Lindberg- As soon as
he found LindbeTg was not there he re-
turned home He had a Ratchet with him
when he went 10 NOTdqUist's. for the pur-
pose Of defending himself
Before cr0ss-exa Examination was concluded
court adjourned until MO1daS morning at
10 o'clock.
Provo Paragraphs.