Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-02


reaching the top OF he stairs, he peeped
around the corner
"Pceped around The corner two Sec
onds. didn't your asked Judge Powers.
THAT Is what l said at the preim-
mary hearing. but VIII not specify any
true now"
Have you read over your former tes-
tmony?"
Yes, twice"
"And you have decided to change
some portions Of it?'
yes"
Hume was with you when you read
1t oyer?"
and you and Hume discussed your
testimony
Yes. once while they were getting
the jury and another time when We
went up to the Merchants Cafe"
when you peeped into the room was
Albert Morris In there?'
yes, he was on the southwest side
OF the ROOM think he made stride
towards Benbrook."
Are you sure Of it?'
"Yes. he did. didn't notice him after
that until ! went into the room, He
was then very close to Benbrook"
How long did you remain in the
room after YOU followed the messenger
boy in?"
About ten minutes.
Didn't you state in the preliminary
hearing that you remained In there
about thirty-five minutes
mo, | said about ten minutes"
How long were you peeping into the
room before the messenger entered?"
Since the preliminary examination |
havs had time 20 think these matters
over; and am not now going 90 state
definitely how long was AZ any place"
''You want TO change your testimony
In these particulars, too?'
Eyes, sir: | do"
"IIas anyone suggested 70 you not 20
say anything about figpres?"
"Wel, some people told me after the
preliminary that the figures got me
mixed uD and decided to leave them
out"
who told your
81 can't think now who It was"
Tell me who II was?"
Il think my brother said something
about H."
"well, were the figures you gave at
the preliminary true?'
They were true as my testimony
went in then
III they were true then why can't
you give them now"
IL think they would be true now"
"Then YOU say that the body laid
al an angle OF 40 degrees?"
Il won't say. l am not going into
figures"
at what time did you go up the
tairs2"
About twenty-seven minutes 10 s.
] was In the telegraph Office and at 1850
made some Inquiries, came out and
went ~ stairs"
you say that the way YOU came to
fix figures, etc, al the preliminary was
because ! put the figures and you as
sented?"
Yes"
Judge Powers then read the testimony
OF the witness given OF the preliminary.
showing that the witness gave the fig
ures without suggestion from counsel
for the defense. This process was
long and tedious one. but Judge Pow
ers stuck TO It until he had gone en-
tlrely through the testimony OF this
witness at the preliminary.
Now then" resumed Judge Powers.
EVERY figure stated by you at the pre-
iminary was fixed by you without any
suggestion from counsel on either side?"
YES"
Were those figures trueg'
yes"
Then why won't you give them
now"
well, | can give them different now"
Didn't YOU take the quarter toseight
car In front OF the Merchants Cafe and
go homer"
Il don't know"
you went home on the next car after
your transfer and that you couldn't
have ridden on it n you hadn't taken
that carr
Il don't know. They let me ride on
Il that night"
you know the conductor"
mo
you know he lives near your"
mo"
and you talked with him on the way
up and told him about the shootlng?"
Believe ] did"
"You told him that Bart Morris had
been shot, that he had had eight or ten
shots put In him. that he was alive but
would die didn't you?'
mo. didn't tell him thai.
you have taken considerable inter-
est in the case, haven't you?"
mot particularly"
"You have taken much interest IN
Fumes testimony. haven't your"
II have felt sorry for him, yes"
What about
About being on the stand and the
way he was questioned
You and he had talked your testi-
mony over"
Eyes: prior 10 yesterday"
you were In the county attorneys
office while Hume was testfying yes
terday7"
YES"
eDid you ask Mr.. Downing OF the
Herald how Hume was getting along,
and questioned him rewarding the tss-
timony9'
Il did not ask him anything about
that"
what dId you say to Mr. Downing
on that subject
II don't remember just what I said"
Were any attorneys for the state
present."
"Mr. Gunter was there"
Didn't you say 10 Downing that
Hume had read all the testimony al the
preliminary and he was trying 70 make