Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-09-09
5 Deed
Decidedly Ugly.
3 g,uninos Absolutely Refuses 10 Testify Ills
o., Behaf-P placed on the Stand But IS Siiem as a
s.,,nr- Murray Man Declares Jennings DID MOI
No., > Revoler-Inquest Drags Slowly

be corroborative and nothing more. II
there Is enough evidence, let the au-
thorties file a complaint and have a
preliminary investigation. In making
this request of your honor, that the ac-
cused here be protected in his rights
and be not called upon to take the
stand, don't want your honor nor
this jury, to think that he has any
thing to conceal II he has anything
to say voluntarily he may do So
Mr.. Christensen took the position that
Barney Ecksten could be compelled
TO take the stand but had the right to
decline to testify to anything that In
his Judgment might injure him. TINS
judicial investigation does not make
him a defendant and therefore that
clause In the law which says a man,
defendant, cannot be compelled TO take
the witness stand, does not apply to
him. But there are some things con-
corning the shooting which ought TO
come out. Eclstein knows what Is In
his heart; we don't, and Of all witnesses
/ think he should take the stand ana
testify"
Mr.. straup replied that the investiga-
ton was concerning the death OF Jen-
nings and not about any alleged rob-
berry. Mr.. straup further said that II
the question OF whether Eckstcin had
a right to shoot. whether It was In self
defense. the jury would then first have
TO be instructed as to the law.
"Mr. Eckstein Is the only man who
did the shooting" said the defendants
lawyer.
"How do we known asked the county
attorney.
I'VE have the evidence" was the re-
ply.
EcKsTEIN is SILENT.
The court ruled that Eckstein take
the stand and Mr.. Straup demanded
that the record show that II was done
under protest. A moment later Mr.
Straup made the proposition to the
! county attorney as follows
III Eckstein subjects himself TO this
examination, will you promise. II moth
ing more Is developed than has already
been drawn out, that there will be no
complaint filed?"
Mr. Christensen declined TO enter
| the agreement Eckstein was then
sworn and answered Mr. Christensen
! that his true name was Barney Eek
| stein. He said he conducted two sa-
| looms. one on State and the other on
| Fast Temple street. He had his sup
| per at the latter house. Frank Trusiie
had charge Of the state street resort
at the time.
what time did you 60 back 10 your
| State street house Thursday nightY
"About s o'clock. II was dark
When the county attorney began TO
| question Eckytein concerning his see
ing Jennings on the porch. Straup of-
| i.cted and Eckstein declined TO answer
| another question
Here are some Of the questions MI.
| Christensen asked to which he elected
| only profound silence,
who did you find In the saloon
"Who did you see on the porchg
did YOU have a talk with your w.fe
| and afterward ask the bartender who
| II was who insulted her?"
Have you anything to say TO the
| fury? Any explanations TO make?''
1--WE have no explanations to make
| AZ this time" said Mr.. Straup.
Mr. Christensen then asked, DO you
remember your statement to me That
the first time you saw Jennings was
when he pointed his gun at you? Is
| that true?"
Silencel
How many firearms have you at
| your place Of business?'
| No answer.
Mr.. Christensen saw further interro-
cation was useless and gave II up.
The county attorney then asked that
stcve Golding and Mary Jane Doe, a
woman at the Road House, be sum
moned to appear at 1880 o'clock this
| afternoon.
The inquest then adjourned until that
! lime.