The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-08

DETECTIVE RHODES AND
OFFICER SCHULTZ TESTIFY
Defendant Gives Another Yer
sion of Fight and Mrs.
h Magerl Testifies.


PEBBLES, charged with an assault with n
deadly weapon with intent TO do bodily
harm. occupied the attention OF Judge
Diehl In tho Criminal division OF The
City court almost the entire day yester-
DAY, PEBBLES was arrested by the police
ON the llGht OF Feb. 26. 1907 The fol-
lowing DAY J. r, Magerl appeared be-
fore the county attorney and swore TO
complaint charging the assault. at the
sarne time he also swore 10 complaint
charging PEBBLES with a statutory Of
fence, On the same day A complaint was
also sworn TO charging Mrs. Lena Ma
gerl with a statutory offense. Both
PEBBLES and Mrs. Magerl were arraigned
before Judge Diehl several days ago and
both entered a plea OF not guilty. The
hall of Mrs. Maeerl fixed at $500.
which was furnished, The bail OF PEBBLES
was placed al $500 In each case, in de-
fault of which he has been in the county
jail.
When the assault case was called this
morning PEBBLES was represented by Al
torneys Willie and Willie. The State
was represented by Assistant County At
torney Job Lyon. Judge ], w. \. White
Gotten OF Provo was present to look after
The interests OF Magerl.
Husband First Witness.
Magerl was the tlrSt witness Callen lor
tho prosecution and was on the stand
during the entire morning session of the
court He testified in part that he was
railroad conductor on the Salt Lake
Route and that he left his home about
. o'clock on the morning Of Feb, 2, 20
take a train TO Lynn. He informed his
wife that he would he gone for two or
three days. When he reached Provo on
the run he was ordered back 10 Salt
Lake. Where he arrived that evening.
When he reached home he saw, light
tly. - IL y, tfE.c
bedroom. On looking through the win
dow he saw his wife and PEBBLES in his
wife's room. PEBBLES. the witness test-
fled. was also a railroad man, who had
been stopping al his home for some
time. A few minutes after looking !
through the window he broke open the |
front door and rushed Into the house. !
Witness secured revolver which was
lying on dresser just as the defendant |
entered. ~ was in the act OF killing .
him when | thought better OF IT, and |
told him that While ] ought 10 XIII both !
of them | wouldn 90 II. declared the |
witness. Witness stated that he had
given the revolver to PEBBLES, after
scolded her. He admitted that he struck
her in the face with his fist At this
time. according To the witness, PEBBLES |
the head with The revolver. The TWO
men then struggled for possession OF
the revolver during. which time two
shots were fired. PEBBLES secured the re
Yolver and left the house in q partly
dress state Mrs Magerl Wen, into the
basement OF the house. Attorney n O.
Willie put the witness through rigid
cross examination. but failed to break
down his testimony
Nature of Wound.
Dr. c. c. Snyder was the first witness
called in the afternoon. and testified that
he had dressed the wound in Magerls
might have been fatal on account of the
part Of the head which was injured.
Seth Brown, owner Of The house al 6i
testified that he lived in the basement
OF the house and that on the night in
question he heard row upstairs and
Mrs. Magerl hurried downstairs in a
partly dressed state. Witness hurried
across the street and telephoned for the
police,
Officer Harris testified TO visiting the
Maeerl home on the night in question
and Of finding Mrs. Magerl in the base
ment in partly dressed state.
Officer Schultz testified to arresting
PEBBLES in the house next 70 the Magcrl
home and OF him being but partly dressed
at that Time Detective Rhodes testified
u was necessary for him 10 go TO the
Naeerl home and secure clothes for Pee
oles before he could be brought 10 the
station.
This ended the testimony for the State.
and Attorney While moved for a dis
nissai; [1,a After M brief argumen, on both
Defendant Tells His Story.
Tho defendant then took the stand and
lestihed that on the night In question he
was JUST about 10 retire when Mrs Ms !
serl came 10 his door and told him that |
she had heard someone walking on ths
outside OF her house near her window ,
Witness had gone into her room and
ooked through the glass In door buf ,
could see no one. AS he was about fo
return TO his room he heard q crash ,
md moment later was face TO face with ,
Nagerl. VINO neld a revolver in his hand
Witness struggled with Magerl for tba /
possession of the revolver and secured II {
hagerl then attacked his wife, and VIII |
hess called MIN coward for striking n
woman. haserl then turned on him and
ne struck him In self defense. The ,wo Z
men then struggled for the revolver again
,uring which time II was DISCHARGED |
vice Witness then left the house, In
ier cross ss-eNamination he admitted tbat c
lie LOOK me revolver with him c
MIS-. Magcrl was next called. She foe {
ihed TO her husband striking her, but
declared she had left the room before 5
'eebles had delivered the alleged blow
IN her husband with a gun. NO cross q
examination, announced Mr. Lyon at tho r
conclusion OF Mrs. Mager,'s testimony
Argument on the case will be made he. .
ore Judge Diehl this morning