The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-03-29

District Attorney Loofbourow cncoun-
tered a hard piece or luck Tuesday in tho
trial OF Jesse Thomas on the charge OF
murder In the first degree for the killing
OF Harry Wilson AT tho 'Republica"
tcolored) club, Commercial street. last
October.
Burns Tells Story.
Mr. Loofbourow's first witness. after
County Surveyor Swenson had Identified
a map OF tho building in which the kill
ing TOOK place, was Joseph Burns who
was bartender at the club AT the time
bulns tesuhed without any apparent
reservation as tc a dispute which arose
between Thomas and Wilson shortly be-
Tore the killing Wilson, the witness said
then went into another room. whittier
he was followed in a short time by
Thomas After Thomas went into the
room where Wilson had gone, the witness
heard scuffling and this was followed by
two shots.
Statement of Wilson.
.Mc. Loofbourow then asked the witness
II Wilson made a statement after the
was near enough to have heard what
Wilson said The witness replied In tho
am IEatlVe, explaining that he and
othSr, about six feet from where Wilson
was lying on the floor.
w hat was thrt statement" Mr.. Loot
pCulo" then cSkcd.
Objection by Defense.
This was objected TO by Samuel A.
htnSs fOI the defense, who argued his
objection 1t some length. MIR. Loot
borrow vas then heard in reply and the
preliminary matters having been gotten
out Of tho way, Mr. Boofbourow again
ast9mptCd to have hIe question answered.
MI KING renewed his objections on other
grounds, ard nDally suggested that as
n NO.
tha. II 20 ever Cntt later This was sat
isfacJury 10 the prosecution and court
and the rnatter was dropped for the time.
Change In Situation.
In the afternoon, however, MI Loot
borrow again attempted to bring the
l"att1r out ana men be learned much
to his surprise, that he had eitl>Sr mis-
noon session OF trHI Burns had changed
his testimony. il stead ~ testifying as
ho was understood To testify In the fore
noon, that he was standing by tho sido
OF Thomas, within few feet OF Wilson.
when the statement was made, Burns
thought that Thomas was some distance
away at the time, and the witness was
between tho two men This testimony
made 1t impossible for Mr. Loofbourow
TO introduce the statement and the mat
ter was dropped. far as Burns was
concerned.
What Moore Saw.
Thomas Sullivan Moore testified that
when the shooting occurred. Thomas and
Wilson were scufflins. Thomas had the
revolver In his right hand the witness
said, and Wilson's left hand was clasped
about Thomass right wrist, There were
two shots fired and Wilson dropped at
the second shot. When asked as to dis
tanccs, Moore got somewhat mixed.
How many feet was it?" MIR. Loot
borrow asked.
Depends on the Size.
"Well, it would depend upon how big
your feet Is" was the innocent but lu-
dicrous reply of the witness.
After the laughter. which was joined
In by the court had ended. Mr.. Loot
bourow explained that he meant feet of
twelve inches.
Several other witnesses were examined
during the day and one In particular.
James Bradley proprietor of the club.
testified that Wilson did not have hold or
Thomas at the time of the shooting
The hearing VIII be resumed at TO
O clock this morning. the prosecution not
vet having rested It's case.