The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-05-06
SHOT IN SELF-DEFENSE.
Evidence Brought Out in Prelimi-
nary Hearing That Waycaster
Was the Offender.

Provo. Nav 5.-The case Of the state rs.
Ernest Augustus Kelly. charged with kill
ing Samuel WaycasteT at American Fork
on April 4 Of this year. IS now being
heard in the Fourth district court before
Judge Booth and the following jury: can
by Scott Edward Y. Vincent. Joseph Jen-
sen. William Thomas. jT-. Joseph Z VIII
kius Karl J. Thompson. Sven J. Nelson
and John Hiuuley. the charge IS NOiuii-
taTy manslaughter. The defendant IS yep
resented by J. W. y. Whitecotton and the
state by District Attorney Cuff
The evidence for the state -, as was
brought out in the preliminary examina-
ton. that Kelly and Wavcaster had been
drinking and started for home early in the
morning. A quarrel eusued and WayCas-
ter tried to shoot Kelly and fired two OF
three shots at him. In Scuffle which
followed Kelly took WaycaSters pistol
away from him and shot him with fatal
results. Kelly claims the shooting was in
Mrs. Mary W. smith OF American Fork
was divorced from Don Smith on the
grounds of failure TO provide The par
ties were married IN American Fork.
March %. 1892. Plaintiff was awarded the
custody Of two minor children and IS
month aiimOnN.
Judge Booth today rendered a decision
in the case Of Pleasant Grove city US. Ar
temus Holman 81 al. ease involving the
right Of plaintiff TO collect from defen-
dants money expended for maintaining il
risatiOn bitches
y
$65.S6 by reason of plaintiffs failure to
properly consult with the defendants. and
the defendants failure 20 make proper
tender Of the amount justly due the plain
tiff neither RECEIVERS costs. except that the
defendants shall pay the costs of the
court and each party pay its own Wit
nesses.
Introductory to the decision Judge Booth
said: 1t is TO be regretted that the par
ties to this suit did not get together in an
amicable wav and settle their differences.
as 7 think they could have done if the
paSties had met in a friendly spirit and
each Of them had wanted to do what was
right
President George II. Brimhau enter
tanned the faculty of the Brigham Young
university at his home last evening, where
an exhibit Of Hafen's paintings was given.
An interesting iuprOmptu program OF mu-
sic. reading and speeches were enjoyed. in
addition to viewing the works Of art At
the close J. VIII Knight bought The Syc-
amore Tree" a painting which has at
tracted attention and favorable comment
in art exhibits in the east. where Il has
been given the place of honor in art eX-
hiOits Mr. Knight viii present this paint
ing TO the Brigham Young university. The
formal presentation will take place Friday
morning at the devotional exercises. Nj
Hsfen Is now engaged in painting 2 pOr-
trait of President BrimhsU. which will
be completed before Mr.. Hafen goes east
Milton Booth Of the Fourth ward viii
soon leave for England as a missionary.
Professor Chamberlain Of the Brigham
Young academy will lecture before the
Society Of PhilosOphic Research Friday
evening i'm the Commercial club rooms.
All are invited.
Information has been received from
Judge Noon. who went TO Philadelphia d
few days ago, that his son Frank. whose
illness called the judge east, is much bet
ter.
Alfred l. Booth and Harvey Cuff have
dissolved their law partnership.
The Strawberry valley recIama ton prof
Get tunnel was run 401 feet last month
Miss Leslra Allen Of Provo and Henry
Williams Of Lake View went to Salt Lske
Monday and yesterday returned as Mr.
and Mrs. Williams. TO the surprise Of all
their relatives and friends.
An inquiry has been sent here from II
g. High, MOTrOrrs. Cal. asking about
Manning High. Il years of age. who ran
away from home April 81 4 reward of
SIS is offered for information that viii
locate the youth.
The county commissioners have appoint
ed a county board Of health and divided
the county into three health districts
The members of the board of health are
Dr.. II. 5. Py-ne. Provo; Dr.. j. p Moves.
American Fork; DR.. Alma G. Stoddard
Spanish Fork. and the three members Of
the board of county commissioners Each