The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-05-24
EYE WITNESS
TO KILLING
TESTIFIES
CLARENCE ERNST HAS PRELIMI-
NARY HEARING IN COURT
T. j. Terror Saw Ernst Shoot Staples
in Front of Pool Room-Card
Game Started the Trouble.

|
charge of murder against Clarence
Ernst, colored. who shot Charles
Staples, colorcd, was commenced in
municipal court this morning. num-
ber of witnesses being examined
The witnesses already subpoened
for their testimony In the case in
clude Drs. j. W. Pidcock and w. j.
| Browning. Jailor Hagbert Anderson,
Undertaken E. A. Larkin, Chief of Po-
lice T. f. Browning, Detective Pen
der Officer Layne, c. E. Lane, 1. j..
Terror. Robert Giles, Henry Page,
James HadvlIl. w l.. Hall. William
: Mallory, William Jackson, David Lo-
| gan and Sergeant b. Ternes.
Most of these witnesses were pres
| ent at the morning session of court
and, at the request of the attorney for
! the defense, were excluded from the
hearing of the testimony as 1T was
| given by each individual examined.
Only two witnesses were examined
this morning The first was T. ].
Terror, the colored stable boy who
| was acquainted with Staples, and at
tempted TO prevent the latter's return
| TO Ernest's place on Lincoln avenue,
a few minutes before he was shot; and
James Harvill. colored, who was also
witness to the actual shooting as
we'll as the trouble over card game
which occurred shortly before the
shooting. Both men told practically
the same stories regarding the affair
as they related at the time OF the
coroner's inQues t
Terror stated that he had known
Staples for number OF years, having
met him at various race meets, in
Guiding those at New Orleans and
New York. TIE said that Staples was
race-track follower and that he LETT
New York on account TO the closing
of the racing game In that state.
Staples was one who drank occasion
ally and sometimes became intoXicat-
ed Terror stated that he had been
stable boy and had been an exercises
Of racing horses for about eight years
and while working in that capacity
had seen Staples at various times
hanging about the tracks and betting
rings where he apparently made his
living.
Terror stated that he was In Ernsts
pool room on the night of the killing
and was present when Staples became
involved Ill an alteration with Giles,
the dealer in a game OF Black Jack.
Fearing that the quarrel might result
in something serious. the witness ran
out OF the place In company with
others and afterward met Staples at
the Board Of Trade saloon. Staples
started out to return to the pool room
and Terror went after him, catching
him by the arm and attempting to in
duce him not TO go in that direction
as he feared there would be trouble
Staples broke away from Terror and
started on toward ErnSts place, I'm
front of which he encountedel Ernst
who, after warning Staples not to
come near him, shot him with a re-
volyer. Witness then told how Staples
had walked back to the bootblack
stand on the corner and sat down
James Harvill, the next witness. re-
lated the details of the card game
from which 1t would appear that
Staples, after losing several times,
had made a winning, which was de-
MED by the dealer. whereupon Staples
had reached for the money on the
table. Giles, the dealer, it appeared.
had succeeded in snatching the money
first and had hurried out of the room
through the barber shop. In eScap-
ing from his pursuer. Giles had dodg-
ed between the stove and the wall,
space too narrow for Staples. larger
man. to follow him. This had given
Giles the opportunity to escape to the
street, where Staples chased him for
some distance
Harvill then told how Staples had
returned to the place shortly after
ward, drunk and staggering He stat
ed tnat someone had advised Ernst to
shut the door and keep Staples from
entering, but that Ernst had replied
that 1t would do no good as Staples
would probably force his way in and
break up the place anyway. Ernst
then went out on the sidewalk and as
staples came up, he warned the lat
ter to go away, saying: Keep away
from here, now. I'm afraid of YOU
and YOU invariably try TO break up my
place of business when you come into
it,"
Staples, who had his hands folded
across his abdomen in a rather un-
usual manner, continued to advance
toward the door of the rpoolroom.
%hereupon Ernst, who was standing
on the outer edge Of the sidewalk. at !
an angle from the direction In which
staples was advancing, drew his Dis-