Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-01-11
STORY OF TRAGEDY
At FORT DOUGLAS
Witnesses Testify That Soldiers
Brutally Attacked Smith
Before lie Shot
THE PRELIMINARY HEARING.
All the Testimony Taken Before Judge
Diehl This Morning Decision
Comes Tomorrow.

Tho preliminary hearing Of silas
Smith, a teamstar charged with the
murder Of Private Albert Hassott, a
soldier al Fort Douglas was held I'm
Judge Dlehls court this morning.
County Atty Christensen IS conduct
ing the prosecution and Atty, j. NJ.
Hamilton is counsel for the defendant.
Smith ls accused Of murder In tho first
degree. The alleged oGense was COM
mltteed on the night Of Dec. "A, 1904.
at midnight
Smith, Hassett and several soldiers,
were on their way to the fort when a
row ensued between smith and Has
sett Blows were struck, and suddenly
Smith drew q pistol and shot Hassett
and another soldier, sorRt Riley Tho
former died the next day from the ef-
fpFts OF the wounds and Smith was
placed under arrest
MDTORMAN's STORY.
The FIRST witness called by the prose-
cutlou was Joseph h. Green, "a motor
man on the car tho night Of the shoot
ing.
JIo said that he heard the men quar-
rcling and saw Smith draw gun.
Green then ieft the car for fear Of be-
Mg shot
~ heard three or four shots, l don't
know which, and then the soldiers
grupplad with smith and called me to
help them. ! took the gun first ana
then gave IL 70 some one, who ! don't
know
when the shots were fred asked
Mr. Christensen, 'in whose hands was
the gunY
"l saw the gun In Smiths hands"
on cross-eX1mination by Mr. HAM
ilton Green admitted that he saw the
soldiers, three of them, ON top Of Smith,
but he saw no blows struck.
CORPORAL PRESTON,
G.. Preston. q corporal In the Twelfth
battery, WAS next called. lie remem-
hered the trouble which occurred ON the
car but codld not state the time. He
heard Smith, llAssett and others quar-
rolling but what about he did not know.
IL saw Smith and Hassett grapple.
Hassett and two other soldiers were on
Smith and / heard the shots ran
back and got the gun ! tried TO keep
the two soldiers off Smith. Wheh they
were on the ground | saw the soldiers
Kick Smith in the face
WAS the kicking done before or after
the shooting"
Both before and after. They hit
ana kicked Smith before the shots were
fired, and after, too"
Preston stated that while down town,
he was with Smith for some time, and
that the defendant used to belong 10
the Twelfth battery, The witness said
he old not know the soldiers who at
tackled smith,
Attorney Hamilton asked Preston
who made the first assault MS between
Smith and the soldiers. and the Wit
ness replied that the soldiers attacked
Smith and that the latter did not re-
treat,
"a saw one man strike Smith IN the
face and another one seize him by tho
throat / heard Smith cry for HELM
and / then left the car. Then the
shooting took place
SOME TIME ELAPSED.
Preston said It was three or four min
utes after the assault when the shooting
took place; also that the men who
committed the assault were much larg-
cr than the defendant.
a DOCTOR DEsClilBES,
DR. Milton Vaughan was coI,sd ana
Described rlassetts ana pioi,,is
wounds and stated tho limo of ItSs'
setfs death and mat The catise .yas n
gun shot wonnd "'
yv,e'r',,t,,-, ,,o.,,,.
"N0 |ilNu ~" ~
on cross examination. the doctor stat
ed that the nature of the wounds midi
Gated that the one who aid The shoot.
ing was lying ON the ground ana the
one who received them was I'm cr0uch-