The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-10-19
UNION PACIFIC IN IT CHIN POY GOES FREE
Court Says Chinese Gardener
Did Right In Defending Home.
MUCH EVIDENCE TAKEN
NO CAUSE SHOWN FOR HOLDING
CHARLES HOLMES SLAYER.

chin POy. the aged Chinaman who was
charged with the murder of Charles II.
Holmes. on Oct Z, vas declared not
guilty and discharged, after being given
a preliminary hearing before Justice
kroeger YESTERDAY
The trial Of the case occupied nearly
all the morning and afternoon. and when
the evidence was all in the court decided
that there was not sufficient cause to be-
lieve the defendant guilty of the charge.
and gave him his liberty. much to the
JOY of the Chinaman and his friends The
defendant was represented by Attorney
L. r. Rogers. and the state by Assistant
County Attorney Gunter-
The first witness for the state was Dep
uty County Surveyor Edward ,Nissen. who
produced a map WHICH he had made of
the Chinaman's residence on Oct 10, az
the request of the county attorney. and
described in detail the lOca ton of the
trees. fences. gates and bridges, with ref
erence to the house.
on cross examination the witness testi-
fed TO the split and dented condition of
the Chinaman's door. and said that to
have done the damage with rocks The
persons who threw them must have been
inside the yard
Holmes Chums Testify.
Isaac L.argtOn. George Jones and Frank
Y carr the companions Of Holmes on
the night of the shooting. were then plac-
ed on the stand successfully. and testified
to practically the same story they told
On crcss examinat ion however. Langton
admitted that they had been drinking thar
night. and went out of their way 10 go
to POy's house When asked If they mad
turned over signs and broken window
near town previous to the shooting, the
witness declared they had not.
Carr admitted on cross eXamina ton that
part of the account of the tragedy which
referred to him as hoodlum fit him
and hit pretty hard He denied that he
and his companions had fixed up a story
to tell the court
Ilangton was reca He'd. and admitted THAI
he had been arrested several times for
drunkenness and quarreling, but declared
that he had never had any trouble with
a Chinaman before
c. A StanrOd. who lives next door to
POy'S mousse. said he heard a racket at
the latter'S place that lasted for some
time and then heard a shot. He sail
he got I'D and saw POy in the yard, but
saw no one else.
Court Views the Scene.
The court then adjourned until the
afternoon. and in the interim Justice
Kroeger went out and viewed the China
AT the afternoon session the state put
Officer Barlow on the stand, and the lat
ter testified that POy had told him that
when he came TO his door and shot ne
saw one man standing on the bridge out
side of the yard, but didn't see the other
young men
The defense then put o. p. Pratt de-
tecuNe- on the stand, and tried to SHOW
that the companions of Holmes had made
contradictory statements, but Attorney
Rogers failed to establish the fact
When the evidence was all IN, Justice
KrOecer said he felt satisfied that more
than one rock was thrown at the house,
and he believed that the Chinaman
thought he was in danger of bodily harm.
erty- He thought. therefore, that POy
should be discharged and ordered il so.