The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-10-10
TOWN MARSHAL
UNDER ARREST
Tragedy at ScOfisId the Result Of
Official Incapacity.
PRELIMINARY OF GINESKY
NO EVIDENCE AGAINST HIM
FUNERAL OF BARTNICK.
Especial to The Herald.)


liminary hearing of Antony Gil
nesl1y, who has been in Jail here
under guard since Sunday charged with
completely in the tragedy of Sunday
night, was concluded this evening, re-
sulting in the discharge of Ginesky.
Attorney Braffet. who defended the
case. scored the marshal and his depu-
ties, arguing that the responsibility Of
the whole affair was due to a lack of
discretion on the part of the officers in
attempting to make arrests in the
night time upon a misdemeanor charge
without authority.
Truth of the Matter.
The evidence disclosed the fact that
a party of Slavs was having a beer
party at the home of A. Bartnick on
Sunday night, and that some Of them
becoming boisterous, the marshal went
there and attempted TO enter the house
with q gun in his hand. calling to the
inmates to throw up their hands. The
arm Of Hunter was caught in the door.
which, il seems, shut upon him, and
while thus pinioned. his weapon was
taken from him. Marshal Hunter sub
sequently organized a posse and after
waiting until between l and O'Clock
in the night, went to the door and
reused the inmates, demanding admit
lance for the purpose of making ar
rests for the breach OF the peace.
Bartnick refused to open the door and
said that he would kill any one enter
ing. An entrance was forced and Bart
nick fired two shots. neither OF which
took effect, and while he was engaged
in beating one Of the posse over the
head with his weapon was himself shot
and within a half-hour expired. The
window and door of Bartnick's home
were shot through from tie outside,
and number of bullet holes are in
evidence in the walls of the different
rooms.
Ginesky Discharged.
The evidence showed nothing against
Ginesky beyond a feeble effort to as
sist in the protection of himself wher
the posse entered his bedroom, and
upon hearing the evidence OF the pros
ecutiOn, and after an eloquent plea for
the discharge Of the defendant made
by Attorney Braffet, Justice Burgess
ordered him released.
County Attorney HanfOrd, immedi'
z
with the Justice complaints agains
Marshal Hunter and three other mem
bers of the posse named Heber Booth
/ James Williams and Henry Daniels
charging them with the murder o.
| Bartnick. The defendants were imme'
/ diately taken into custody by Sheriff
| Wilcox. The date of the preliminary
hearing was not fixed.
At the time of the arrest OF Ginesky
| there was some talk INDUCED 0,
! lynchlng though ii Is doubtful If sucf
a thing could have occurred though al
/ ATTEMPT had been made Much sym
pathy is felt in the community for thu
men arrested tonight, but the cours'
/ OF Attorney Hanford in conducting {
/ full investigation is approved by al
! leading citizens who disapprOve of thu
/ HE handed and unwarranted as
/ sumption of authority on the part o
the marshal and his deputies.
Bartnick Buried.
The murdered man was buried her'
day before yesterday, the parties IL
I charge conveyed the remains to TIT
cemetery without consulting the widow
who was at the time detained as a wit
ness in the inquest. Upon learning o
| the proceedings. MRS. Bartnick, grief
| stricken and frantic. caught up Will
/ the wagon and accompanied the re
mains OF her husband. Mr.. Bartnicl
/ leaves a widow and three children
aged. respectively. 10 months, year
/ and 10 years, and they are in poor cir
! cuInstances. While the body of Bart
nick lay in his home some person en-
/ tered the house and stole a suit o
! clothes belonging TO the dead man anC
/ a suit belonging 70 Genisky, who was a
/ the time under arrest and confined il
I fail.