The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1909-08-26

his guards passed. They sized up the
party and evidently concluded tn2I u
was too big for them, allowing the men
TO pass believing they nad not oeen seen.
MaxWells partner on thls occasion was
heavily butt nan who is not well known
in the vicinity Of Price.
About ten days ago c. z. Davies, who
has been implicated with Maxwell IN q
number OF expeditions and who was
oraered to leave the country Tor his con-
ueCJIOn with Maxwell when the pahdll
shOt L. G.. heiuel TWO years ago al help-
ca, appeared al Price ana began mahlns
inquiries concerning Sheriff keIter anu
mis- gun men deputies. naming johnston
and McQuarrie, Davies remarked tndt ne
had heard that both Johnston ana NC
Quarr1e were pad men VITA guns, Dut
lBat Maxwell would DO N Price ihuts-
Gay ana he would make short Work OF
kelter ana his sun men,
travelling Men Accested,
on iast Monday morning. the day he
met mis- death, Maxwell appeared IN Price,
saying he mad walked IN from sheep
camp. lie immediately began 70 load up
on Price whisky, telling what bad 1ndu
he was with a gun. 10 demonstrate mis-
uerceness, he accOsted Two travelling men
ana at the point OF his revolver he COM
PEELED them 70 come into saloon ana
Buy drinks
Early in the afternoon Maxwell called
at the sheriffs office, and at 4 o'clock,
while he was IN the Ola Resort saloon,
Thomas Burse, a special agent for the
Denver & Rio Grande railroad, passed
the saloon. Burge is employed as d de-
teCdYe and police officer Tor the rail-
road, his principal duty being 10 run down
bOX-car thieves, and he had incurred the
enmity of Maxwell, who supposed Burge
had had something 10 do with his being
watched.
Calling the attention Of the men in the
saloon, Maxwell pointed to Burge, say
ing;
There's - - - - I'll get be
fore he leaves town."
few minutes later Maxwell asked
Deputy Sheriff Johnston to accompany
him uptown and, instead Of taking the
main street, Maxwell suggested that they
go to the east of the warehouse. As
tEey passed the building, which IS oppo-
site and across the railroad tracks from
the court house, Maxwell dropped behind
Johnston, saying:
You're the - I'm after.
You are doing this outside work for KEEL
ter and you worked out this Green River
proposition as well as the KenilWorth
job, and I'm going to get you
Johnston turned, telling Maxwell 20 put
up his gun, saying he was not looking
for trouble.
I'm going to get you, anyhow said
with his left hand Johnston grabbed
for MaxweU's revolver, .32-callbre Colt
automatic, at the same time drawing ms
own revolver. the one belonging to Sher-
if Keller and which Maxwell had exam
ined an hour or two before
Maxwell fired, the bullet passing
through the lapel of JOhnstOn's coat with
in a few inches of his heart, but lnIncJ-
ing not even a scratch.
JOhnstOn'S revolver spoke at the same
instant and the deputy fired three shots
in quick succession. two reaching their
mark. The first bullet that struck Max
well entered the chest just above the right
nipple and the impact turned his body
so that the second shot struck just over
the heart. both coming out of the back
two inches apart
Men who were watching the affair from
across the railroad tracks saw the dust
flv from the coats of both men as the
bullets struck them. and they saw the
tear in MaxWelTs back as the bullets
passed through his body and also the
spatter of dust when the spent balls were
imbedded in the ground.
Sheriff Keller was on the rear porch
of the court house when the shooting be-
gan.
II heard the sharp crack Of the auto
matte gun, and then the boom Of the
forty-four. followed by two more booms
as I ran through the office, said Sher-
if Keller Yesterday. ''The first two re-
DCrts were almost blended, but 1 recOg-
nized my revolver instantly. 1t is the
only one OF It's KIM IN Iiie county anu
Johnston and I had been practicing with
it. Thomas BUTge also said he recognized
the report from where he was standing
some distance Up the street.
Il reached the front door of the court
house lust in time to see Maxwell reel
and fall I did not know who it was that
had fallen and, running over TO where
Maxwell lay, I began to look for the
other man in the scrape. Passing around
the warehouse, I saw Johnston walking
east along the sidetrack and I asked him
if he was hurt. Johnston said.
-" No, 7 am all right. Maxwell took
a shot at me and I shot him. 1 don't
know whether I killed him or not! I then
said:
60 There's a dead man out there, any
way. You go to the office and stay there
until I come
On his way to the court house Johnston
met D. o. Fausett, town marshal, rum
ming TO the scene with a Winchester III
file and Johnston surrendered his revolver
to the marshal
w. II. Frye, county attorney, was just
leaving for Helper. where he had a case
on trial He instructed the sheriff to
a jury, call the acting coroner
and, after viewing the body, to adjourn
the hearing until the next day.
Floating at Saltair-joy supreme!