Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-12-11

lue stand thia morning. Ina relating
the events which transpircd immedi-
ately after the shooting of Noss by
Day. Ware added details which are
not found In the stenographer's record
OF the testimony givon before The jury
| which convicted Day and brought about
the death sentence boy SIS findings
Joe Ware took the stand somewhat
unwilingly He had been summoned
TO the session room 10y Governor Cut-
Ter His examination was conducted
| by a. a.. Ellis. Ware declared that
he was not a church member and that
DE- had never been such. lie cannon
read nor write, he say sand never spent
q day I'm school Since leaving his
parents home he has heard from them
only once I'm 10 years. He was coal
and iron miner and since coming Co
this city he had worked as a common
laborer. Attorney Ellis, pressing him
regarding his Affiliations with "a church.
asked him:
There have always been churches
here since you came here, have there
not2'
Yes" answered Ware. "but because
they'se churches man don't have TO
go 20 them, do he?"
Atty Ellis was striving TO obtain
from the witness his idea Of the OBJ
legation entered into when a person
taxes an oath to tell the truth, the
SO hel2 me, God
do you know what the penalty is
i'm the event that you Die when under
oath?' Mr.. Ellis asked Ware.
RECKLESS AS TO FUTURE.
We'll I suppose you go to hell. n
there is such "a place l ain't prepared
to 90 nowhere else anyway
Ware admitted that there were GER
tain fraternM relations between him-
self and NOss that made him more
friendly toward NOss than toward Day,
but he said that he had nothing in
particular against Day"
Ware admitted that ne had had some
trouble with Day the Saturday night
before the shooting. He admitted that
his relations with Mrs. Garber had been
rather intimate. but he said that he
was not jealous because he had heard
that Mrs. Yarber and Day We're also
Intimate to a degree.
Ware fefused TO say that he had
heard Mrs. Yarber. who was a witness
in the trial OF Day, say on her death
bed, If God Almighty could forgive
me for the lies L have told about Day,
/ could die happy"
Ware denied that he had told either
counsel or anyone else that he had
said he had testified 20 certain things
on the preliminary hearing and thac
he couldn't change it IN the trial.
NEW TESTIMONY.
The new testimony was given by
Ware " en- he testified 20 the events
which followed the killing Of Noss
Ware said that he rushed into "Old
Man" Edwards room and got a re-
VClver from the dresser. He did that,
ne said. for his own protection against
Day, He said that he led il I'm his
hand 81 the time NJ to the dime ne
returned TO the room where NOss lay
dead. Then he said he saw officers
around with the other people and no
dropped the gun. not wanting TO be
arrested with the revolver on his per-
son.
This testimony is not found in the
record Of the trial Of the case against
Day. one of Days attorneys stated
Immediately after the adjournment of
the board until this afternoon that the
new testimony given before the board
with regard 10 his own actions after the
shooting would be- sufficient to convince
an that Ware did not tell an the truth
when he was on the stand. 1t was init
mated that I'm the event that nothing
further came up this afternoon, the at
torneys for Day would rest on that
as a ground for a new trial
When adjournment until this after
noon at o'clock was announced by
Governor Cutler. Ware was still on
the stand and was cautioned to be
present when the adjourned session
was commenced at o'clock
JOHN A. WALKER CALLED.
John A. Walker was the first man
called. He has been resident OF Union
for over 80 years, and was a juror in
the body which convicted A. r. Day.
He was placed under examination by
Atty. George NJ. Sullivan. Mr. Walker
said he had an opinion that Day shot
Noss on the impulse of the moment, not
by premeditated action.
Mr.. Walker said he had talked with
his fellow Jurors regarding the killing
and announced he would vote accoru-
ingly. Il was told ! should not stand
out against the other eleven said ar
Walker Il was told also by several
jurors that the public expected a YER
dict Of guilty of murder as charged in
the complaint. The Shochey case was
referred TO, some OF the jurors making
the statement that the case was worse
than A..
Il would have held out TO my dying
dav had 1 understood my duty as a
Juror as / do now. The charge was
explained TO me wrongly, 1 SEQ now b.
my fellow jurors and l cast my ballot
against my own Judgment
BERT C COUNSEL.
Bert c. Counsel, colored, was the
next person examined. He said he has
lived in the west side OF town for four
or ave wears He said he knows Joe
Ware; "a witness in the Day hearing.
u had a conversation with
him" said the witness. This
was after the preliminary hear
ing. lie said he had sworn that Day
shot Voss lust after he (Wue) had
called Voss In to settle dispute
said I thought II strange that a man
without saving word would haul on
and shoot another man. TO thls ne
uncovered. That's what l have testined
10 and / amt changing nothing now:
This was an that passed between us.
counsel was then excused he was re-
called Immediately after however, as
Gov. Cutler wished 10 ask him a ques-
lion This was You say you have
talked 10 no one about this case The
witness answered in the affirmative
Attv. sullivan asked Counsel II he mad
moi talked with "a man named Mcswine.
Witness remembered he had Counsel
was again excused for time,
MRS. COUNSEL TEsTIF1Es.
Mrs. Counsel was then called jus
lice straup suggested that counsel for
the defense should not ask questions
,,ith IA tendency to open secrets or
communication between man and wife.
Attv. Sullivan asked Mis-. Counsel n
She was willing 90 ten about conVer-
satious between man ANA vile. M M
mons of the board and attorneys dis
100000 eN. f..fuf urn and con. Gov.