Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-11-03
Young Whittenberg Cross : Ex-
amined in Prowse Murder Case
ARE SOME CONTRADICTIONS.
His Testimony IN Regard to Hea~-
gear Worn by the Wen n Some-
what at Variance

There was but a small attendance al
the opening OF the court at the Prowse
murder trial this morning. The two
prisoners still maintain their calm de-
meanor. showing a great amount Of
nerve IN the face Of the case the state
is pillng up against them.
The argument over the admission Of
the evidence Of young Whittenberg in
regard to the action of the defendant
King after he went into the saloon and
the conversation which took place be-
tween witness and King at that time
was continued. The point taken Dy the
defense was that after the act was done
that any act on the part ot one OF the
alleged c0nspirat0rs could not be adj
mitted In evidence. Counsel cited many
cases where the courts had held that
such evidence could not be admitted.
The objection of the counsel for the de-
fence was sustained by the court
The boy Whittenberg was then re-
called and ctoss-examined by Mr. Wan
less He said that he had good eye
sight and was not subject 10 severe
headaches and had not consulted a
had been over to Commercial street fOr
some dishes, when the shooting took
place he saw the men running down
the alley. After leaving the saloon,
when he saw King and the short man,
he said he went over 20 the Sheep
Ranch saloon but did not go up stairs.
From there he went over 10 the messeu-
ger office where he mentioned the fact
Of seeing the men in the saloon. After
that he said that he spoke To the police
officers and pointed out a man TO them
on the opposite side Of the street at the
same time stating that he was about
the size Of the tail man In the saloon.
He said he knew that King had on a
fiat topped broad brimmed black hat,
and the short man wore a hard black
derby hat
Are you sure II was a hard black
hat?" asked the attorney for the de-
fence.
Yes"
"Positive?"
Yes, perfectly No, think It was a
soft white hat
Now which was it?'
"a soft white hat"
Witness then said that he was about
fifty feet behind the two men when
they went into the saloon,
At this point one OF the Jurors was
taken with a chill and the court ad-
iourned to 1870 p. m.
AFTERNOON SESSION.
At the afternoon session Of the Grim
inal court. the boy Wittenberg was
placed upon the stand and the cross
examination Of the witness continued,
He told Of his visit 20 the county fail
when he identified King as one OF the
men he saw in the REILLY saloon. He
said that he did not read the account
in the newspapers about the arrest OF
King He did not know and had never
heard that Sheriff Howells had seen
two men going south on state street
who might be the men.
In redirect examination the witness
said that when King was In the saloon
he appeared 10 be very nervous and act-
cd as n he was trying 20 hold his
breath He further admitted that he
did not notice that the thumb was of
OF one Of his hands.
"You noticed his hands were shaking,
and yet when he was facing you you ala
not see his thumb was OFF,
mo. air"
At this juncture the prisoner King
was brought up before the Jury, and
witness showed how his hands were
when the came into the saloon.
"Do you still say that you aid not
notice bis thumb being off?' reiterated
the attorney.
II noticed that his hands were shak-
ing when ne turned around"
you knew Col. Prowse?'
YES. sir"
And you want some one convicted OF
hls kllling?'
IT ne is guilty"
"Do you want King conylcted?'
81 do"
The witness was then dismissed and
Walter Dudlext was called TO the stand
as this report closed.