The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-09-10
FcKSTEIN WILL
Be PROSECUTED
u Be Charged With killing Of
Jennings.
VERDICT OF C0R0NER'S JURY
SIMPLY FOUND THAT THE MAN
had BEEN KILLED.
fRDlCT OF C0R0NeR'S JURY

The Inquest over the remains Of
A. Jennings. shot and killed at
the road house by Barney Eek
.-.f4 was completed yesterday. and. as
result of the findings of the jury, a
-.rrIaint charging manslaughter viii
,-51abIy bee filed against Eckstein to-
5,v The only decision arrived az by
m. Jury. after listening TO the con-
r.rne testimony, was that Jennings
,-a come to- his death from bullet
sounds inflicted by a gun In the hands
.f Barney Eckstein. This left il an
amen question as % whether the shots
we're fred in self-defense or with fe-
l-7.lus intent, and County Attorney
,sr-frus-n stated last night that JUS
r.- demanded that the prisoner be
rres-euted upon some degree of muir
Der
Mr. Christensen was at first unde-
,.s-d about what course 90 pursue. ana
rra was talk OF setting Eckstcln tree'
bgi later the attorney determined 10
e.4h-sd with the prosecution.
The principal feature of the inquest
Yesterday Was she testimony Of a VIII
r..s who eUore ne knew that Jennings
had nu gun in his possession when he
vent ll the road house. IL IL upon THIS
and other evidence that the author-
rae expect 90 secure that the complaint
is Oh boz based.
Mistake Was Made.
The authorities freely admit that a
mistake was made IN the first place ia
not Keeping the witnesses in jail until
OBJ. mystery was solved, and the sher-
dr.. deputies declare that had Sheriff
N4vIur had his way this would have
been done.
When the inquest was resumed yes
terl1y morning the hrst witness called
WAS Horace skinner of Murray. who
hIs known Jennings since they were
h.rs tie testified that on Thursday
afternoon. before the shooting, ne met
Jennings ON the Murray ear and rode
with him as far as the road house. He
stated that Jennings was sober and had
no difficulty with anyone on the car.
He also swoFe that jennings did not
have a gun. lie said that the dead
man had lost his transfer, and in look
ing for 1t on the car went through al
his pockets. and he saw him search
them From his left hip pocket he saw
him take "a purse, and from the right
rocket he took a handkerchief. Tbs
witness said he was absolutely surf
that Jennings did not have a gun
Skinner said that Jennings was no
drinking man. and never carried
gun 10 his knowledge.
Eckstein on the Stand.
After skinner had given his testi
mony, County Attorney Christensel
asked that Barney Eckstein himself b
sworn, and he was called 10 the Witnes
chair.
Mr.. Straup, for the saloon man. i'm
mediately raised an objection, and
lively squabhle ensued. Mr.. Strau
claimed that the affair was only a
investigation. and that Eckstein cOul
not be called 10 the stand unless b
volunteered 10 go. Mr.. Christense
claimed that he could be forced
take the stand. but that he need NJ
give any testimony that. In his opinion
would be- Injurious 10 his cause.
The coroner ruled that the Witne:
should take the stand. and he .di
However. he would answer no due'
lions that the attorney put 10 him. Il
remained perfectly silent, and att
futile efforts had been made. the il
quest adjourned until afternoon.
ln the afternoon Eckstein again toe
the stand, and TO the surprise Of evei
one. talked freely enough. He TO
the same story OF the AFFAIR as relate
bv the other witnesses who claimed
have seen the shooting. He declare
that he twice warned Jennings 10 tai
the gun away then he shot. He sa
that he was afraid 10 try and knO,
the gun away, fearing that he wou
Dee killed.
TRUSTEES Story Retold.
After this testimony had been r
ceiyed. Frank TRUSTEE, the eolored ba
tender. was recalled and repeated b
testimony given the first day Of q
inquest
The jury then retired. and returns
with thr verdict which reads that q
deceased came 10 his death fro
wounds inflicted by a gun In the han
OF Barney EcksteIn. The Jury W
composed OF Victor ChristOphersOn.
j. MrGhie and Horace. Stayner.
Eckstein was taken back TO the cou
ty iau and is being he'd pending {
nIug OF the Information against hi
SIR. Christensen. In speaking of Z
prosecution of Eckstein last night sa
that although the corouer's jury h
NOT mentioned any feiouious intent.
f.lt that in view of the conflicting Il
Iimony given iu the case that the en-
OF justice demanded that the prison
ha prosecuted. He further stated IN
hr had one of the witnesses n,
where De- thought be would Boz able
get sufficient information from him
sua-TeUf|.fp the charge