Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-06-07
It Was the Bone Of Contention in
Court at Pennington Today
ATTENDANCE WAS SMALL.
EX.SheriR Belnap, Wen Acquainted
with the Prisoner. Tells About
His Talk.
tsPECIAL To am oNEWs"l

resumed. The session began at 10
o'clock. Instead OF $3.50, 20 enable Mr.
Hamilton Of the defense to be on hand
at the opening Of court. he being de-
talned IN salt Lake
VIM. Young was recalled and asked
as to what kind Of wagon he heard
pass his place at midnight on the night
Of the murder Mr. Young. under close
questioning, was satisfied the wagon
was a light one.
Mr.. Joseph Bailey OF ogden deputy
sheriff, was called and testified 10 hav-
ing first seen Haw0rth in the summer
Of 1898, when he was encamped at "a
place called Terrace Subdivision. In
ogden. Aferward saw the defendant
and Reavs In company living IN a
house on Lincoln avenue. Ogden, and
later frequently visited HaBorth's
camp IN Ogden near where witness
lived, Witness told OF a number of
conversations held with Nick HaWorth
IN relation 20 the Layton murder. Re-
membered that on more than one oC-
casiOn defendant asked after the muir
derer. On one occasion he exclaimed.
The c. d. s. Of a b. should be
hanged
Upon cross examination witness said
HawOrth asked after the progress OF
the investigation He seemed more d.
rectly interested than any 9TH
or individual on nearly eve
cry occasion Of these visits
the question would come up. Witness
was asked II he did not know that some
gipsies who had encamped near Layton
were susp Sted OF completely In the
murder and said that he did.
IS HAWoRTH INSANE.
Ex-shenff Gilbert Belnap Of Ogden
was the next witness He testified TO
having frequently seen defendant; knew
him BY the name Of Nick. knew Of no
other name at this time; told OF an IN
teryieW he had with HaWOrth In the
Layton Jail on January LIST. OF this year.
He was In company with Sheriff Abbott
and other men, Before the alleged con-
yersation was detailed the defense OBJ
iected. and the prosecution gave them
the privilege Of rOss-eNaminatlOn.
The defense also asked that Sheriff
Abbott be cross examined now as 20
the mental condition Of Haworth prior |
10 the taking Of a so-called confession |
or admission from the defendant, At |
torney Weber COntended that his side |
intended 10 show that the defendant |
was not IN a mental condition 20 make |
any alleged admission or confession. /
He quoted from Underhill and other au- /
thorties as to whether the confession /
was voluntary or not. Mr.. Weber /
claimed the accused was not In a mem |
tai condition TO have his statement con- 4
ddered In any other light-eXcept as |
a forced confession. hence 1t was mad /
missable as evidence.
In answer TO question by 1
Mr.. Allison as to whether Mr.. |
Weber considered Haworth insane /
he replied Yes, We consider him in
sane.
A fierce combat Of words ensued In /
which Mr.. Weber said he thought the |
question Of the admlssability OF this
testimony should not be heard before
the jury.
Judge Roapp ruled that the mental
caliber Of the prisoner could not be
tried here.
The defense then tried 20 have Il ar
ranged so that II any undue influence
were shown 10 have been used to force
a confession that the whole testimony !
as TO the interview be thrown out.
The examination was then proceeded
with. Nh Belnap said that he had
talked through an iron grating door In
the JAIN from the hallway. Witness said |
HaWorth asked him II he was still run
ming the store at ogden asked II Hell
Ter was still at the livery stable; and
many other people were enqured after
including Morris Richter, the saloon.
keeper who was one Of the witnesses
for the prosecution Defendant asked !
Belnap to write down the names he had
suggested, and as he did so Sheriff Alb.
bott approached and the prisoner
ceased talking.
Cross-examnatlon, Were you inhu-
enced by any special considerations the
reward for the murderer's apprehen-
sion, for instanceg' Witness did not
know that Il had anything 10 do with
his interest In the matter.
oliver Wood Of Fielding the man who
lost a sack and some food was recalled
and some further questions asked by
both sides relating 10 the lost articles,
E.Henry Williams OF Syracuse, George
Hodson Of Marriotts, Weber county
and Sheriff Abbott Of Davis county. ties.
tilted this afternoon, the latter going IN,
to the details OF his movements IN the
rase Immediately upon being informed !
u the murder and up 10 the present
trial On March 30th the witness had
4 conversation with the prisoner which
he had reduced 20 writing Here
a controversy as 20 ad.
hitting this statement In evidence.
HAwoRTH's CONFESSION
il was alleged months ago that Ia.
worth had made a confession TO Sher-
n Abbott In which ne admitted out
light, the killing OF Sandal To all
questions as 20 the correctness OF the
suspicion Sheriff Abbott turned a deaf
sar, neither affirming nor denying the
story Nevertheless Il was firmly be,
ieved that he had obtained a confes,
lion. II appears thai that opinion was
well founded az the presentation Of a
written document TO the court By the
prosecution this afternoon shows. II Is
n dialogue form with Sheriff Abbott
md Haworth as the participants. and
s concluded IN the following language
inder date Of March Both:
Sheriff Abbott went 20 see Nick"
md told him intended 20 leave for the
vest after Canvass Back"
Nick-There Is no use OF your doing
hat
sheriff. viii have to, as he IL our
witness
Nlck-Well. I will plead guilty.
sherifi-The judges won't accept such
plea without the particulars
Nick-Well, ! viii give them 10 YOU.
killed the old man In the store al
ayton.
sheriff-How did you get IA?
We pried the back door open.