Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-03-13

down. but he did not hit or kick him
while down, neither was Nielsen insen-
sible at any time Chris took Nielsen by
the coat to help him up. as Nielsen re-
fused "a get UP when tod 10, when Mrs
Nielsen ran at Chris With a single tree
and had II raised over her head to
strike when Chris threw up his hand
To ward Oft the blow and In doing So
slapped Mrs. Nielsen In the face MIS-
Nielsen wax not Knocked down. neither
Chris nor Brown had gun or any kind
OF a weapon with them, When Nielsen
got up they all started for the corral
and while doing this Chris had hold OF
Nlelsen's coat. All the evidence sub
mltted so far Is to the effect that Nell
sen acknowledged that he got the stock
on the range close by. but not on his
land. when Nielsen made this confess
sion chris and Brown told him to LET
the stock out. which he did. IT Is not
disputed that both parties made all
manner of threats while this quarrel
was going on. While at the corral Mrs.
Nielsen started for the house to get
a gun. Brown stepped in front OF her
and would not let her go, Nielsen then
got a pltchfcrIs and started to force his
way 10 the house, but before he got
there one OF the children catne out with
a Winchester rifle, When this happened
Brown was on his horse and Chris ran
and Jumped on TO his and they both
out OF Nelson's way When Nielsen got
his gun he threw shell into the bar
rel and fired at the others when they.
We're about 100 yards Off Chris says
that from the sound Of the bullet he
would Judge IL was inside OF 10 inches
from his head, Before Nielsen could FIRE
again Chris and Brown got behind q
hill and came out In sight again about
500 yards OFT stlll on the run, when Mel
sen fired again missing them only by
few inches. Nielsen and family then
came to town 10 see Judge Harmon,
who is justice of the peace. this was on
Sunday evening Mr., Harmon being
new hand In This business went to the
telephone and tried to ger the county
attorney but after trying for nearly an
hour and falling to get the attorney, he
told Nielsen TO come back in the morn
ing, The next morning early Chris and
Brown came over and wanted TO COM
plain on themselves, hut tho justice
would not entertain their complaint
until he had consulted tho county at
toTney at the phone. and while waiting
for She attorney Joseph j.. Nielsen
came and the Justice invited him in and
insisted on him staying as when he got
a complaint ready he wanted his evil
dence, but Nielsen would not stay, but
went off TO see u. G.. pefrei2e. the man
who Is supposed 10 have 4written the
letter to the attorney general. When the
county attorney came TO the phone he
was told the story and he dictated a
complaint The constable was sent FOR
and he came and signed the complaint.
Chris and Brown then told their story
and plead guilty 10 the complaint which
charged them with an assault The JUS
ticc then fined Chris 81 and Brown So
and costs, il Is Nielsen's own fault
that the Justice did not hear his story.
as he insisted on Nielsen staying but
he would not,
The county attorney inquired into the
quarrel, and came to the cOnslUsion that
Nielsen WAS not justified In shooting at
Chris and Brown. SO he caused a com.
against Nielsen Al the eXam natiou
Nielsen again refused to give any les
timony, and his attorney, r.. c, De-
frieZe, insisted thai the justice had a
right and II was his duty to take Judi
clal knowledge of The plea OF guilty
made by Chris and Brown a week be-
fore when they plead guilty to the as
sault. and that he should turn Nielsen
loose. but the justice could not sec it
that way, so he held Nielsen under $3.50
bonds to appear at the next term OF
the district court for trial.
About three months ago the Browns,
a family we'll respected, and among the
first settlers here, and near nclghbOrs Of
the Nlesens. put Nielsen's horses in
their corral for damages, when Mel
son came to Browns with his WInches-
ter and ordered his horses turned out
Brown turned them out, fearing that
If he did not Nielsen would kill him
| as he had threatened to do. At anoth er
| time Nielsen let down Browns bars
| and took his stock, for this Nielse was
arrested, he took change of venue TO
| another Justice court ana was fined IS
without cost. II cost the county about
| $50 to prosecute this case