Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-03-24
TESTIMONY IN
THE ROMNEY CASE
Jury Secured and Witnesses
Placed on the Stand,
TACTICS OF THE DEFENSE
Tried Hard 10 Wake g. ~ Burke an
Eye Witness, Contradict himseh
-EichnoI's Opening Statement

| -Elchuof'sOpentnE s'aV"e"'
After four days Of hard work the jury
was secured in the Romney murder
case late yesterday afternoon and the
taking Of testimony was commenced
this morning. Two witnesses Tor the
state were examined This morning ana
the third was under cruss-eSamination
when the court took it's recess. The
jurors secured 10 try the case are. D.
| & Burrows, q r. Bennett Nillam
Cutler. W. r. ANDREW, j. n Knuckey
| elem Bagley, H,nry Kirkmon ana Hen
| ny Wallace
The defandaat was accompanied py
! his brother j. st. Romncy Mrs }. NJ
| Eomney and Mrs Greenup were also III
| the courtroom until q discussion arose
between the attorneys during District
! Attorney EichnoTs opening statement
when they we're asked to retire from
the room The principal witness TINS
morning was G.. f. Burke, an eye-Wlt-
ness to the shooting The defense up
ON his cross-eXamnation were using
| every effort to break the witness down
or induce him 20 contradict himself as
to his testimony ON the preliminary
hearing. They were not very success
| ml IN their attempt. however,
when the jury had been called this
morning the Information was read by
| Deputy clerk BuckWalter after when
! i.uict-Attorney Eicnaor made me
| opening statement ON behalf OF the
| prosecution. He said IN part
OPENING STATEMENT.
"If the court please and gentlemen
Of the jury: ! win make a brief state
! ment Of the facts in this ease. This Is
a charge Of murder iu the second de-
gree The elements Of murder In the
! first degree do not enter into this Ease
! Ii is only necessary 90 prove maGoe
! aforethought either expressed on im-
piled ON the part OF the defendant
| Miles Romnoy the defendant, was run
ming a saloon at 40 east Second South
! street. this city lie and Harry Strong
| had been partners i'm the business some
time but for some reason they had
separated some time before the shoot
ing and there was some bad feeling be-
| tween them.
ION Saturday night Sept 10 Strong
| was i'm the saloon under the influence
! of Uguor and made some remarks
| about Romney. on the next day
Strong and Romney aud a number of
others were IN the saloon among them
were Romneys son, Mr.. Burke, Mr.
Manning and Mr. Mcclellan. The ,gt-
fer However left before the shooting
occurred. Romncy and Burke were
shading dice for the drinks. Romney
Told Burke to shake with Strong
! strong said TO Romney. Is my face
good for drinks II lose?' Komney re-
plied that il was not Strong became
angry and told Romney 10 come out
! side and he would lick him. He used
I some obscene language which | VIII
not repeat because there are some la
dies In the room They are here upon
the request N Mr. Romney so the de-
tense can bring out the language used
] will not
JUDGE KING OBJECTS.
Judge King objected 10 that state
ment of the district-attorney and At
torney Hamilton said that the ladies'
would be asked TO retire SO that Mr.
Eichnor could use the language which
Strong used on that occasion, To this
offer Mr. Eichn0r hotly replied
that the defense should have had
sense enough 10 Keep the
ladies out Of the courtroom at
this time and that he would not use the
language. so a. far as he was concerned
they could remain I'm the room, The
ladies' retired however and the district
attorney resumed his statement.
EICHNoR RESUMES.
strong said TO Romncy Come out
ord III lick you Romncy then went
fcw feet north 10 q drawer and got
pun, and started 10 come out behind the
| bar. Some Of them told him TO put up
| he gun which he did. Strong told
| Romney to shoot away that ne had no
! Gun. Strong then pulled on his Goa
| and hat and laid them on a table and
| walked up to the bar and pounding u
with his clenched fst told ROmney 20
come out and he would lick him. Rom
nov again went to the drawer and got
| his gun and fred at Strong who lodged
hohipd the bar and the bullet missed.
| Strong turned In q crouching position
| and started for the rear Of the bar
| room. Romney then fired again and the
| bullet pierced Strong In The left ST 10
| NJ the neck Tie kept going toward the
rear Of the room and v ben he reached
thc steps the third shot vas fred which
took effect IN Strongs right hip.
HAD BEEN DRINKING.
"Romney was under the influence OF
liauor had he not been we would not
| b. trying this case. But We are moi
| irving B0mney for selling liquor on
gunday or for having a minor IN bis
alioon against the law"
The defense objected 10 the last state
/ rvnt OF Mr. Eichnor. The district at
torney again resumed.
"Mr Burke went 20 Strong and asked
/ him II be- was shot Strong said thar
DO was and asked Burke "a get an ann
/ balance Tor him. Just tlftu Deputy
/ Sheriff Pratt. who was In charge OF The
Kaighn jury. came In the saloon lie
| observed the condition Of the furniture
II appeared during the progress 81 the
| preliminary trial that Mr. Manning tee
| t.hed that when Strong lodged down in
| front Of the bar and attempted TO pick
| an % cuspidor and when he ala that
Eomney fired again We win show ley
several Witnesses that the Gus
2idors were not disturbed at
an We will show that Romney