Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-03-04
Trial Of Marion A, Brasher Begun
In District Court,
sALTAIR TRAIN TRAGEDY.
by which Axei j, kiellaud Lost His
Life Jurors Secured This
Morning.

The trial of Marion A. Brasher, for
involuntary manslaughter, was COM
menced this morning before Judge
Morse. The morning session was taken
up in securing jury, the last Of the
eight Jurors being secured just before
the court took its noon recess. on the
night Of Sept Z. last, the defendant
while on a Saltair train returning from
that resort, in spirit OF fun, pulled
his revolver and fired several times out
the side Of the car. The car was one Of
the open ones used on that line, having
steps running along its full length. The
curtain was down at the seat In which
Brasher and his friends were sitting
and he put his gun under the curtain
and fired without thinking Of any one
passing along on the steps.
His second shot took effect in the
stomach of Axel j. Kielland, young
man who was passing along on the
steps of the car and resulted fatally
the victim being dead before the train
reached the city. Young Brasher was
greatly affected over the result Of his
carelessness and at once gave himself
up TO the authorities. Upon the prelim-
mary hearing he was bound over 10 the
district court, and since then has been
released under bonds Attorney j. NJ
Hamilton represents the defendant and
District Attorney Elchnor, the state.
The jurors sworn and accepted to try
the case are, James Young, Harry
Horsley, N. b. Campbell, John I. Guest,
William ID. Green, George Il. Gray
Charles A. Treadway, David c. Bur-
rows. There are only few witnesses
TO be examined In the case so Il is
probable that IL Will be finished today.
The penalty for Involuntary man
slaughter is Imprisonment In the coun-
~ jail not TO exceed one year.
At the opening of court this after
noon Distrlct-Attorney Eichnor made a
very brief opening statement of the
case In which he related the circum-
stances Of the shooting and stated that
the prosecution did not propose TO show
intent on the part of defendant, but
would merely show that he was crimi-
nally careless and negligent In han
ding his revolver and that by such
carelessness he shot and killed Axel j.
Kielland.
STATEMENT FOR DEFENSE.
Attorney j. NJ. Hamilton made a
rather detailed statement OF the shoot
ing, In which he said that the conten-
ton of the defense is that the killing
was what Is termed by the statutes as
excusable homicide. The defendant. he
said. was not doing an unlawful act in
discharging his revolver. he had no
intention OF hurting anyone. hence
there was no criminal act on his part.
During the remarks Of his attorney. the
defendant gave way to grief and sobbed
bitterly. His young wife. TO whom he
was married 'snce the shooting. ac-
companied him In court this afternoon.
and also gave vent to her feelings by
weeping.
THE FIRST WITNESS.
The FIRST witness called by the state
was DR.. II. n. Mayo. who testified as
10 the wound and course Of the bullet
which caused Mr.. Kielland's death.
Louis +. Watson was the second wit
ness called. He accompanied Mr.. Klei-
land TO Saltair beach on the fatal
evening and was with him on the train
Just before he was shot.