Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-01-27
FULLER TELLS
HIS OWN STORY.
The Soldier Charged With Assault
Makes a Bold Attempt to
Prove an Alibi
GAVE TESTIMONY THIS MORNING
Damaging Evidence Against Him In.
trOdnced by the State--WiIl Go to
Jury This Afternoon.

The state concluded lis testimony In
the case against Thomas X. Fuller this
morning and practically NIL Of the testi-
mony for the defense was introduced.
20 the case will probably be submitted
to the jury this afternoon The witt
nesscs for the state gave some very
damaging testimony against defendant
yesterday afternoon They identified
the clothing which Fuller wore when
he was arrested and which We're stained
with blood The button which was
found near the scene OF the crime was
identified as belonging on the defend
ants oyerCoat. The testimony for de-
PENDANT today tended 10 prove an alibi.
Fuller was on the stand for about 30
minutes ard told Of his whereabouts on
the night Of the crime.
FULLERs STORY.
He stated that he and some other
soldiers boarded the Fort Douglas car
on either State or East Temple street
at about $3.50 o'clock, and as the car
was crowded, he stood up on the rear
platform When about six blocks
from town he said that he stepped OF
the car and went around 10 the left
side and stood on the step He said
that he had 90 step on every time any
one got or the car. and AT the brewery
he let some people on and then he
went inside the car and sat down until
he reached the fort When he arrived
there he stated that he started 70 the
guard house 10 check in and, after get.
ting nearly there, he remembered that
he had not checked out, so turned and
went to his barracks II was 1875
when he arrived at the barracks and he
Immediately retired
lie explained the presence Of blood
stains on his clothing and hat. With
reference to the button being off his
overcoat. he said that he had buttoned
up his coat tight and then reached
back TO hook his cape when the button
snapped on. On ss.eXamlnatlon he
identified all the clothing "A belonging
TO him by the laundry mark. Tie stated
that he was born In Waco, Texas, and
had been In the army about a month
when this affair occurred.
MARTINS DEPOSITION.
After Attorney Leatherwood made
the opening statement for the defense,
he read the testimony Of Jesse J. Mar
tin, who IL I'll I'm the hospital at the
fort The witness stated that he was
with Fuller on the night of the crime
and that he saw him enter the bar.
racks and retire about Is minutes after
the car arrived NJ the fort
OTHER WITNESSES
Ernest Miller and Corporal Coleman
testified that Fuller was in his hunks
at the barracks at l0.4O on the night
Of the crime. The lattcr was on duty
that night checking the soldiers In and
he was positive that defendant was In
his bu1k at the time stated, DR., W.
NJ. Tome also gave some expert testi.
mony for the defense,
DEFENSE RESTS.
At this afternoons session the defense
rested It's case and. AZ the state had no
rebuttal to offer, the arguments were
begun The opening argument for the
state by District Attorney ElchnOr
| consumed about Is minutes, Attorney
| II. o. Leatherwoo1 then made his ar
gumont for the defense after which
| District Attorney Eichnor made the
closing argument for the state. The
court then instructed the jury and the
case was submitted.