The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-03-23

waited to see Riley and Kennedy pass
up the street on State, but he never
saw them go by, While he was stand
ing there, he says. he heard two shots.
Then he went to the saloon at 33 Com
mercial street, and, after getting q
drink, dropped down TO the lower end
of Commercial street. at which point he
met and talked to two friends from
Ogden, whose names he did not know,
although he knew both mon well, de
scrlbing them as being fellows who
operated games in the Junction City.
While he was standing at Sec
ond South and Commercial streets
whom he was talking to at Plum alley
and Commercial avenue when the shots
were fred. returned to him after going
TO the scene of Riley's murder, and the
two of them ate in Chinese restaurant
In the neighborhood of the saloon at 33
Commercial street, after which he took
d Dutch to his room with him, Dris-
ke!l testified. "Dutch' remained with
him all night.
The next morning about 6 o'clock,
Driskell says, Kennedy came 20 the
room with suit case filled with jewel
cry and watches, but asked for and
received breakfast money, Then they
left the room, Driskell to get breakfast
an1 Kennedy TO get rid OF some of rho
'''''Np piUHSot dEiScihS W mCtl az iiC WI
ner, as Kennedy owed him $3.50 in
borrowed money and advanced room
rent. Kennedy left fourteen watches
IN the room, Driskell affirmed,
At this point Driskell attacked the
testimony of Ollie Pierce. the negro
fireman, who testified Monday that
Driskell had said at Second South and
the murder that he had been forced
to kill Riley or Riley would have killed
him. Driskell was permitted to get in
that Pierce had given him "tip" that
the proprietor OF the Orpheum hotel
had diamonds. and could be robbed by
getting her to drinking, and that the
negro had tried to tie Driskell up with
the promise of E'divvvO if the trick
was turned
=, When the defense attempted TO get In
the conversation between Kennedy and
Driskell and the negro at the time Ken
Pierce the fourteen watches left at the
roomlng house, the state objected and
vas upheld; Driskel WAS permitted to
ten only that Kennedy had given the
negro the watches, that the negro dis
posed OF them and received s1.25 for his
work. The main point against Pierce
was that DrisEelfs only conversation with
him consisted Of the salutation, Good
morning"
Driskell then went to the Lagoon depot
10 catch a train for Ogden. he said but
vas too late, He caught the 2 o'clock
train for the Junction City. he said.
With his arrest in Ogden, eight days
after the murder and return to this city
the defense turned Driskell over TO the
STATE for cross ss-eNamnation.
Confession Bobs Up.
After compelling Driskell to retrace his
steps for several hours before and after
Rileys murder. District Attorney Loot
bourow. cleverly began naneuvers to get
the prisoners confession TO the police
In, first by asking him II he recalled a
conversation in the presence of Chiefs
Sarlow and Sheets. Lieutenant Shannon
and Ocksreider. in which he had said
that If the officers would use their In
nuence 10 save him from the gallows he
had a statement TO make Mr. Thomas
was on his feet Immediately, objecting on
the grounds that the confession. II al
lowed In al all. should have come In on
direct examination and that If Ii was let
in all the circumstances under which 1t
was obtained should be shown. in Jus
tice to Driskell, Mr. Thomas also con-
tended that the attempt u bring In the
confession was not proper examination.
Mr. Loofbourow said that II was Of
fered. not as original evidence. but for
impeachment purposes only, but Mr.
Thomas retorted that even this was a
in for this purpose only and IL the jury
were given explicit instructions 10 dis
regard it in determining the prisoners
guilt or innocence the effect OF II would
still be there.
This was about 11;45 o'clock, and the
court adjourned until 1870 to hear cita-
tions FROM the attorneys for each side
in support of and against the admission
of the confession. In the argument the
state won. Judge Lewis deciding at 2:30
that the confession could come In. but
merely for impeachment purposes.
Driskell's Ordeal Begins.
This threw the bars down and then
began the fearful gruellins OF the pris-
oner With his attorneys poweress to
help him, Driskell was forced TO answer
practically every interrogatory propound~
ed 70 him by the states attorney, even
to repeating his illustration to the party
how he shot the peace officer down In
cold blood.
Then ii was that Drskell. driven to
despera ton. made his savage attack upon
bourow read his confession to him. dated
October is. 1909, as heretofore printed
Drlskell repudiated 1t absolutely. Pressed
closer he then admitted 1t with qualifica-
tions
Driskel confessed that he had admit
ted, at the city jail. the ownership of the
hal found In the aleyway at the rear
after the murder. which the state until
now had been unable to connect with
the prisoner. and the ownership OF the
at the time Of his arrest, and that he
had killed Riley with IT. but qualified the
gun matter. A little officer, he said,
had insistently said to him:
This Is the gun you killed Riley
With"
II guess that must be the gun" was
the way he had replied. the prisoner
testified.
Then he extenuateds
''I was drunk half the time / was in
the city jail and don't know what oc-
CURED half the time
Shown Confession.
Drisbell then was shown the confession.
typewriter. and identified his signature