Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-10-19


the bogus policeman, II you had tried
could your" asked Mr.. Narlan.
Most certainly / could, replied Me-
Whirter.
at that time at the police station
you could not have described Davis IL
YOU had tried" asserted the attorney
in an affirmative manner.
'Ob. indeed? How do you come to
that conclusion, pray2" was the re-
Spouse OF the witness, amid much
laughter from the spectators.
Atty. Varian insisted that the wit
ness answer his question, to which Nc
Whittier replied that he had not been
asked question, but that the attorney
had merely made an assertion about
| the witness not being able 10 describe
| Davis. Upon the court instructing him
| to do so, McWhlrter again stated that
| he could have described Davis II he
! had been asked TO.
WAS the man you saw with Bell
| when you were coming back from the
Rio Grande depot Davis?'
mo sir, | said he was a man resem-
| bling Davis"
WAS the man with Bell any of those
| men you saw IN the room at the Ant
| ler?'
mo. sir: would not say that
DID DENOUNCE HIM.
when you saw Bell and his eompan-
| ion at the livery stable about to drive
away in a rig, why didn't you call the
| police? Why did you not denounce him
and hold him for the police?"
II did denounce him. l told young
man to go and call the police and he
went out but did not come back.
you are interested in this case, are
act spa tfAt ht.g
! don't your"
Il should like to sec my money but
| am afraid | never SHALL
You know that your brother came
back here from Los Angeles to get the
money, didn't your
II did not"
win you say under oath that you
did not know that he came back here
10 get the money!
II did not know that. | knew that
| my brother was coming back here to
| consult an attorney and follow his in
structions as to the prosecution Of the
| robbers"
when you saw Rel there at the Nv
cry stable and he told YOU that it would
| be all right, you would get your money
| back, did you believe it?"
II did not know what to think |
| thought that everybody We're robbers
and that | was in country OF thieves
| and robbers"
Then did you believe him."
II told him IL might be so but | did
| not know about that" -
When the boy you sent for the police
did not come back We're you suspicious
| of him."
mot THAT GREEN"
Eyes, was suspicious OF everyone"
Didn't you think he was one of the
gang"
| mo. I am not that green
After going back to the stable and
telling the other man about these men
| robblng you, what did you do?"
! The witness proceeded to repeat In
detail matters which were not wanted
by the attorney for the defense, but was
stopped by the attorney with this gues-
| ton: Cont you answer my questions
without burdening the record and with
out rehearsing everything IN your
story?"
Senator Brown objected to the at
torney criticising the witness in that
manner
"Oh, / will Withdraw everything"
answered defendants attorney IN
gruff voice.
"All right. just keep on withdraw
ing" responded Senator Brown.
mo, | WON'T hotly retorted Mr.. VAR
ian.
At this point Judge Armstrong In
formed the attorneys that that would
do and instructed them to proceed with
the case.
''HE SAID GEE WIZ"
In answer 70 a question, McWhirter
told what he did after leaving the lIv-
cry stable. He said that he had gone
west on Second South street about 50
yards from the alley leading to McCoy's
stable when he met policeman and
told him about the robbery and that
he had just seen one Of the men driving
out TO New England addition and he
asked the policeman TO telephone to the
chief. The officer said no would do so,
and went into tobacco store to a tele-
phone. Witness then went on to the
Rio Grande depot and there he met an
other policeman, and told him about IL,
What did he say?" inquired the at
torney for the defense
"He said gee, whiz?"
Was that all he sad?"
Yes that was all. He then started on
and | asked him II he had seen the
two men in the buggy and he said that
he had not
MAN ON HORSEBACK.
Witness then told of meeting the man
on horseback who had started from the
stable to look for the horse and buggy
used by the two men and the man had
not seen anything of them and started
for New England addition. McWhlr-
ter told him IL he saw the men there
to telephone to the chief. McWhir-
ter then said that he went back to the
station and found his brother and told
him about seeing Bell leave the livery
stable. His brother told him that 1t
was all right, that Bell had gone to get
the money back and that the man with
him was probably the detective which
Sheets had sent.
After staying In that Office for about
40 minutes, the witness said that he
and his brother were called into the
chiefs office. Sheets was standing at
the door and Hempel and Raleigh were
In the room.
How far was Raleigh from your
about five yards"
How many feet was that"
IL don't know"
Don't you know how many feet in
a yard?"
II think about three"
"You knew that all the time, didn't
your
NO, sir; had to think about II
first"
This reply caused considerable laugh
ter and II became necessary for the
court To admonish the spectators not
to laugh or make any other disturb
ance.
THE TELEPHONE RANG.
Continuing about what transpred In
the office while Sheets, Hempel and
Raleigh were there, the witness said
while in there the telephone rang and
Hempel answered II. l. heard the con-
versation and whoever 1t was ON the
line told Hempel that tho men were out