Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-11-05

| yin - VI LAW Anu 4 fll.
Several hne points OF law were warm
| " argued Thursday afternoon by Az
torneys s. A. King and Russell G..
Schulder. for the defense, and Asst
] Dist Atty. r.. o. fseithcrWood and As
ISOLATE Counsel Carl Badger. the prin-
cipd issue being the admission OF the
Testimony u Mike Gets a. to what his
brother told him after he had been shot
| In leading up to this point an that
| the prosecution could elicit from Mike
Gets was that his brother got out
OF bed about O'Clock In The morning
that on hearing the shots Mike ran out
aud found his brother down on the
ground. and that Peter Gets said that
'his lnsides were all eaten up" and"he
would die IN few hours
Mike Getis could not tell how long L.
was from the time his brother got out
Of bed and went outside until be heard
the shots
Counsel for the defense fought every
inch Of the way against the admission
OF Mike Getis' testimony concerning
what his brother told him Atty S. A.
KING holly Contcnded that such evil
dence should not and could not be adj
united save on the ground that il was
dying statement and that the state
would have 10 first lay foundation for
US introduction by properly proving
men ne was aware OF approaching |
death and was morally certain that he |
was going TO die when ne made IL
The statement OF Mike Gets. brother |
or the deceased. that Peter getis said /
my sides are all eaten up" and II win |
die m a few hours. was not sufficient /
70 show that Peter Gets settlement irn- |
lleolateiy after the shooting was a
dying statement
DOCTORS TESTIMONY.
Dr. c. n. Ray had previously testified
lhat Peter Gets. after having bis
wounds dressed in the boarding house
I'D Bingham Canyon. was removed nv |
ram 20 salt Lake City. and taken 10
y. Marks hospital. where he died an
i ne had been on the operating table.
i !. lne influence OF chlorOform, for
% minutes. Dr. Ray said that Gofis |
vas IN state OF great shock whom The
'hysician examined him I'm bingham
ma admitted on cross-cvnm ination Thar
Many patients die from chlorofotm inn
properly administered lie also adj
lllted that very often In cases where
te parents are I'm such a state Of shock
: Wa Oietis' the operation Is postponed
ui,i the Patient Is strong enough 10
lihstand the effects OF the anesfhetf1
hu the shock OF the operation
ANY ;. \. King coutended thai IN. | !
siuthce submitted by the state tseit | ,
moved that what Peter Gets lola he I
Otntr Mike Immediately after lie e.
'oV'ins was not a diving statement and {
.ae .ne ume which ELAPSED ana the j
ehts thht occurred after the shoottr,. d
NH Peter Gets death showed tbst I, d
as not . dying statement. d
Judge T. y. Lewis listened "a o Z
'rslhs points OF this nght FOR tu.o
~ me jury was excluded from tIts Il
~ room while Atty King cross
ANNE, ,.,, Mike Getis in an effort 10 l.
ny court mat Peter Gets words 1
ms brother JUST nftel the ahootirs. =
pa not form diving statement IN ,t,s
= oi me law. The defense con,,o,, !
that The state had nor nro,,sS ~, !
eontiaI point OF diving sfatan,or. u
~. Is, mat the man IN making In kne,,
at ne was dying. my"
EVIDENCE ADMITTED "
The court finally decided that the owl. o,
- vas admissible. Nike Getis then :,
'.lled mat on hearing the shooting y,
.,s ~ out OF the cabin and found his q,
othef down on The ground. that bis ~
other told him that when he can,e ~
or the house he saw Kothinftl. -
'ndlng by the kitchen door. tbat =,
'thiaftis fired al and shot MIN tbroe ~
iea. Mike Gets further testified ! Al
Al ms brother told him that after he
q FALLEN he raised up and fired sew
~ shots az kothiaftis and that he +
pt on hring until Kothiaftis disap-
tred
~ cross examination by Attorney
ng- Getis repeatedly contradicted -
nsei on important points OF testi-
my which he gave on preliminary I'M
aring, some time prior to this trial Nj
? attorneys for the defense PLAYED ev
lsiderabiy 90 the statements OF Mike pr
the effect that on the night 81 the ha
'oting be had gone 10 bed with his GO
'thor and that the latter wore no pr
er clothing and had on two under A,
MS and pair OF drawers. but wore | GO
stockings though he did wear slip r.,
r. The defense brought this into | IL
rtIIng relief when IL developed that ,,l
er Gets also had a gun when the in
otne occurred and that he sho, W
ihiattis Tho defense dlscredts rn
lo Gcilss testimony and declares ~
4 he mas lied on numerous vital
nts. OF that he lied ON preIr uury
ring OF the case accOrdiut .3 the
inscription of the testimony
he progress of the trial had been SO