The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-10-16
ELMORE SHOT TO
PROTECT HIS LIFE
Bxonerated by ] Jury for Kill
ing John Gardner Satur-
day Night.
DETAILS THE STORY OF
KILLING THE H0LD-UP
Dead Mans Relatives Have
Been Communicated With,
but No Reply.

FILLMORE the grocer who shot.
iostantlv killed John Gardner
while the latter was attempting W ~
biu at his store last Saturday nlght,
was cxoncrated by a jury at an inquIso
before Coroner d. j. smith -Nonuay
afternoon, and reiease9 iTT"' W Wb;tney'
Connty Physician l.. W. ~hltnets
,ybo held an autopsy on the pody OF
tbe dead robber at 0 'Donnell g morgue;
fectined as 10 the nature or the "olhu
which had caused his death inc pui
lei from Ellmore's IS gun had pcnetrateu
the heart and was cut out ny lne SUI
eeons at II point IN the rlghI sue oA
Fillmore told the story which he had
given TO the police and reporters I'M
mcdiatelv after the killing, Win no
material variations. 1t has becn t"lcs
published by all papers IN lts n'inu.e tu
details The stranger had entereu tn9
store, he said, and asked TO ne pe server
with cheese and crackers. Wnen inc
Grocer @iS" started from behind his coun--
ter to fill the order, Gardner hau
rushed up 10 him and said; - don
want your cheese and crackers. put
vonr nancy AS he said this he
pressed in upon Gilmore, driving MN
back behind the counter. me grocer
snatched his gun from under the coun-
ter and struck his pursuer twlce on
said. 10 stop him AS the robber came
on, driving Gilmore TO the extreme end
OF the counter the latter hred shot
over his head, This only seemed to
enrape the man. who was now on top
of the grocer, struggling with hlm Tor
the possession of the weapon 1T was
then that Gilmore fired the shot that
struck the robber dead in his tracks.
Body Is Found.
q. n
Detective Mat Rhodes testified to the
finding of the body in sitting posture
behind the narrow counter, stone dead,
and to their removal of it TO the UNDER
takeri g.
The testimony of Fred Cory and
Earnest c. Alquest disclosed some
slight discrepancies In the story told
by the grocer, though these small diff
ferences were not considered material.
Both of these men swore that they
had seen Gardner in the store fully
ten minutes before the shooting took
place 1t is considered strange that
Gilmore did not also observe the
stranger, but he declares that he did
not until minute or two before tho
struggle that ended in his death began.
William H. Cowan, the bartender at
the Metropole saloon, door west OF
the scene of the killing, heard the
shots fred and telephoned for the po-
lice John Redfeld. John Walsh and
c. y. Scott. the young men who came
to Salt Lake with Gardner n few days
before the tragedy. told over again the
brief story of their connection with
him, which The Tribune published
Monday morning.
The soldier who had been about
town with Gardner during the after
noon and evening preceding the killing,
turned up before the Coroner, in tho
person of William Fl. Reagan He said
that he aud Gardner had been drink
ing together up to very short time
before the tragedy, when they sepa-
fed that, before they parted company,
Gardner had exchanged hats with
laborer named William Mason. This
statement was confirmed by the man
Mason. who appeared and identified the
hat belonging to him which Gardner
Wore at the time Of his death
This completed the testimony in the
Colbourne, Alf. E. Eklund and James
NJ. Pope, after only few minutes
consideration of the case, brought in \.
the following verdict:
An inquest having been held at number
1873 Commercial block. Salt Lake City, Utah.
Dana T. Smith, Justice of the Peace in and
for said precinct in said county. upon tho
body oil john Gardner, by the Jurors whose
jurors upon their oaths do say that the soid
John Gardner came 20 his death at the hands
OF Oscar Fillmore on the 18th day Of Octo-
Der, 1908. at Salt Lake City. Utah That
The said killing was done by the said Gilmore
dlseharging pistol in. on aad against the
body OF the said Gardner. then and there
mortally wounding him That the said Ell
moro was justified in his act, being then
and there defending his person and property
In testimony whereof the said jurors have
fnni
aforesaid. j. d COLBOT@RN
ALE +, EKLUND,
JAMES NJ. POPE.
Gardner S relatives in colorado have
been communicated with to ascertain
their wishes with reference to the dis
position of the robber IS remains, Until
they have been heard from no arrange.
ments for the funeral can be made