The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-07-29

me, l was arraigned on the next day.
May 2, and ordered to and did appear
for trial in the district court on said
charge of high crime, on the 9th day
of May 1899
Il hereby declare that at the time Of
my trial in Brigham City, intense pub
lie preiudicial hatred existed against
me in the minds of the people in whose
midst 1 was tried for my life; and at
that time and for some time after my
mind was in an agitated state, which
rendered the reflective faculties dor
mant, hence l was incapable of defend
ing myself by the privileges accorded
me by law
Il further declare that prior to my
trial believed il an utter impossible
ity TO obtain an impartial jury in my
case while the public sentiment was
so intense: and manifested this belief
in words to my counsel, who moved in
open court for a continuation. This
motion, however, was promptly over
ruled by the honorable district judge,
Charles H. Hart.
owing to the fact that l was thus
precipitately forced TO trial under the
aforesaid conditions, l deem that only
under said conditions would l have been
convicted of the crime as charged.
Did Not Attempt to Escape.
AS the proceedings of my trial have
been reviewed by the honorable appel
late tribunal. l shall make but a brief
reference thereto: 1 aver that 1 made no
attempt to escape from the court room
during my trial. Indeed, never for a
moment did | contemplate such action.
Sheriff COrdOnS testimony proves,
and he himself Will admit, that there
was no occasion, reason or cause for a
shot being fired upon that eventful af-
ternoon until after 1 sprang behind the
rock Then 1t appeared to him that I
was prepared to offer resistance
(hindly see records of his testimony
But because he believed this, does it
make it true? The facts prove that I
made no resistance whatever. Was my
action in taking shelter behind the rock
criminal one? Actuated by the first
law of nature, I invOluntarily sprang
Tor shelter, behind the rock that hap
pened nearest my dead brothers body,
from a ball fred by Joe Belnap, as L
stood with my hands at my side, with
the blood through my brain, vainly de-
nylng the evidence of my senses that
my beloved brother was no more.
No words can describe my mental
condition at that moment. One instant
l was walking with my living brother,
the next all was confusion and he was
a corpse at my feet: the next instant
l was calling to two fierce men from
behind the rock, For Gods sake, stop
shooting and come down and care for
my dying brother Was it officers of
the law that answered that appeal with
leaden messengers of death?
Am l worthy the life which God has
given me?
Could Have Killed Gordon.
1T is generally considered that a
man who values the life of his fellow
man more than his own is worthy to
I'VE upon the face of the earth. In
the afternoon of April 80. 1899. on the
mountain side after the aforesaid ter
rlele tragedy had taken place. " time
so brief that no living creature could
say what really did happen, l. while
apparently helpless, handcuffed
prisoner IN the custody of Sheriff II.
ii. Gordon, could have snapped the
thread OF his life and escaped 10 my
liberty, thus preserving my life, which
l had been given to understand by Mr..
Belnap, would shortly be taken from
me. With volume of oaths he had
said: Billy Brown is dead. and I'll
hang you for it,
why did l not hurl Sheriff Gordon,
VINO but a few moments before had
proven himself my deadly enemy by
shooting al my appraised hand when I
had appealed to him for my dying
brother. into eternity and preserve my
own life. Why? Because 1 value the
life OF my fellow man more than I do
my own
Mr. Belnap had declared with vile
profanity that since Billy Brown was
dead he would hang me for it. Why?
he only knew; ! did not. but / had
every reason to believe that he would
execute his threat. He had attempted
TO kill me when I was a helpless, hand