The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-01-14

jurors a rest and time to attend to
their private business. Judge Norrell
again instructed them not to talk of the
case even among themselves and not
To read the newspapers. He said it
was the right and eI-0 the duty of
the papers to publish the testimony Of
the case.
Dr. =. H. PinkertOn was the first
witness. He testified that he had per
formed an operation on Captain Malls
in May. having removed two ribs and
a portion of the breast bone Necrosis
had set in and this was necessary.
Mills was much depressed in spirits.
He also testified that Chief Engineer
O Melvcncy had written note rescind-
ing q former order TO examine Mills
physically as a test of his fitness for a
position with the railroad company.
Many Witnesses Heard.
Mrs Jennie r. Mills was the first
witness of the day She testified that
her mothers health at the time Captain
Mills was born was very bad. She had
two strokes of paralysis and her con
dition for "A time was quite critical.
w II. Cunningham of the De Lamar
mines was next called. He was in ).
W. Eccles' private office in the Short
Line building at the time Of the shoot
ing After telling how Mills came IN,
the witness was asked:
Q. What cid he say?
a. He said, Mr.. Eccles. I have shot
O'Aelveney; send the sheriff or, Il
want YOU To send for the sheriff., or
something like that
O. What did Eccles say2
A. He said ~What?"
O. Then what did Mills say?
A. He repeated the remark, 7 have
shot OMelveney: / warned him I would
kin him this morning" He CCaliffed
this statement with some further re
mark ] did not hear fully. and said
something in reference to IF I ever"
or IF he ever anything again. 1 am
not certain as to the remark He
qualified the statement 1t was in a
rather low tone
Q. state whether or not he appeared
cO0l.
A. Very much 50; yes, sir
.. StaJe whether sou observed any
+ evidence Of tremor or nervousness?
A. Not particle.
O. State whether or not he sat still
and stolid in the chair or moved about?
A Perfectly stolid.
Mr. Kinport. being sworn, testified
that he had resided in Boise Ida, for
the last fifteen years.
Q. DO YOU know the general Teputa-
ton of Mr.. Mills in that community?
A. I 90.
Q. What was it. good or bad2
A. Good; very good.
Deposition of Major Wood.
Judge Powers next read the deposit
ton of Major Marshall W. Wood Ma
ior Wood testified thao ne was % years
of age. was connected with the United
States army. occupying the position Of
major surgeon. and was on his way to
/ Jefferson barracks. ST. Louis. No, Un-
der orders from the government. only
rarily. Was stationed at Honolulu from
/ i'm charge Of she military hospitals
there. Had known Frederick J. Mills
very well since January. 1895; was sta
/ of January 1899 until he left Nth the
+ Sixteenth infa7try in April. 1898. Was
well acquainted in that community and
familiar with the general reputation Of
Z the defendant for peace and quietness;
1 that defendants reputation was good.
he saw Mr. Mills on the day Of his
{ arrival at Honolulu, he tMillss being
then patient ia one of the hOspits,s
of which witness had charge First
saw him on the Sth day Of December.
saw him nearly every DAY from that
time until he left there in April: az
tended him as physician. Defendant
/ was suffering from typhoid fever; was
very low. barely alive, when he first
saw him. continued in that condition
from that time on; expressed doubts
as TO his recovery, asking witness II he