Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-05-08
JAMES OLSEN
ON TRIAL.
Charged With Shooting Noun
tain Sheep" a Ute Indian,
CLAIM OF SELF DEFENSE.
Indian First Said that lie Did Not
Know Olsen-Had Never Quarreied
with tIim.Showed Scar ON Breast

The trial OF James Olsen Cor an assault
with a deadly weapon upon the Indian,
Mountain Sheep, was begun in the
United states court this morning Con-
siderable time was consumed In impan-
cling the following jury: Charles Tul-
gen. A. II. Atkinson, Spencer Clawson,
Joseph Morrel. W. O, Greer, j, X. Gil-
lespie. Charles W symons cyrue Page
Daniel C.. Lee, Walter ]. Burton, John
r. Twelyes, jeremiah Wiley
Assistant District Attorney CHEERING
ton, stated the case TO the jury. for the
prosecution, settling forth that on the
sth OF November, 1899. the defendant
assaulted Mountain sheep with a pistol.
The alleged facts being that Olsen, VINO
was in charge OF a herd OF sheep pitched
his camp near q spring OF water on the
premises occupied by Mountain sheep,
aud that the latter used the water from
that spring FOR drinking and other
household purposes, and that Olsen'S
slHep We're bef0uling the water Noun
tain sheep rode up % where olsen ana
a Mexican who was herdins sheep Tor
olsen We're camping, and asked them TO
move below his house. tnat me water
might not be contaminated. Olsen posl-
lively refused 90 move. Mountain sheep
said Olsen would have 20 move, ana
quarrel arose Olsen picked up tent
pole aud struck az the indian but hit
his horse. which SHE'D. and threw the
latter To the ground. The indian theh
advanced towards Olsen, telling him at
"A. IA must AWAY
from the spring Olsen then took his
revolver out and fred az the Indian, the
bail taking effect 10 the cheek Noun
tain Sheep then seized an ak that was
living on the ground and made for Oh
son when the latter fred again strlk-
iug the Indian an the right breast VINO
them fel TO the ground The Mexican
I'm the meantime had tried 10 suppress
the quarrel. While lying on the ground
the indian craWled 20 the pistol that
Olsen had dropped I'm HIS scuiile win
the Mexican. and hred at Olsen, but the
BAN struck the Mexican In the Wrlst'
whereupon olsen rushed upon the IN
dian with a tent pole and dealt MN
three blows over the head.
Attorney S. a King thul made the
statement OF the case, for the defense
ON which he Is associated with Judge
Burton. Mr.. King stated that olsen
was "a resident OF Emery county nut
had lived in Uintah county. where he
was employed by Mr. Reeder as fore
man over his sheep that he had
permit 90 take the sheep ON the reser-
walton and was moving them there
when the controversy arose with the
| Indian
Olsen pitched his camp. maintained
Mr. King. at least four miles from the
home OF Mountain Sheep. when one
| day the latter came up 20 the camp
/ where Olsen and the Mexican were ana
! began curslng and ordered Olsen on
| of the premises. Olsen refused 20 go,
and the Indian struck at him with a
| whlp and cndepvored TO make his horse
/ charge over olsen. and the latter took
/ M tent pole. and prOded the horse
/ to keen him from paving him down.
/ Mountain sheep then dismOunted and
| advanced toward Olsen, who moved
! away. At the same time asking the In.
/ dian 10 quiet down. as he did not care
| 10 have any trouble The Indian
/ picked up am ak and made for Olsen,
who then shot his ass8ilant I'm the
/ cheek. The Indian then knocked the
pistol out Of Olsen's hand with the ak.
/ and Olsen grabbed a tent pole and
struck Mountain Sheep over the head
/ several times, The Indian fen to the
/ ground and. seeing the pistol lying q
| few feet away crawled 20 Il and fired
/ at Olsen, but struck the Mexican IN
| the arm The Indian was again on his
feet when Olsen knocked him down
with the pole, and put the pistol In
| his pocket
Mountain sheep was the first witness
/ called whose testimony was taken
! through Mr. Harris. a half-breeed. and
one Of the most intelligent and reliable
] interpreters On the country. A ripple
OF Laughter went over the court room
/ when the indian, on having Olsen
/ placed before him. said that he
/ had never seen him. and that he had
never had a quarrel with any man. \
discouraged look spread over the faces
| OF the two district attorneys, but a
! bright idea struck one Of them, and he
asked the Indian n he had a wound.
/ The indian then barred his breast and
| disclosed "a scar and finally, by permit
ting him 20 go az "a, In his own way,
he told his st0ry,which was practically
| the same as the statement made by At
/ torney Cherrington.
The old indian IS being examined by
the defense this afternoon. The csse
will probably be closed today