The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-03-22


make the opening statement, In which he
Indicated Tor the first time the prisoner
line OF defense.
Driskell win try TO prove an alibi IL
Is not likely that the defense will dispute
that Driskel helped To hold up young
Nebekcr, but 1t will attempt TO show
that Drskell broke away from Riley at
Second South and State streets and run
ming up Stale street. entered Commercial
avenue (Orpheum avenue) and WAS on
that thoroughfarc when the shooting oc-
Cured. From there. the defense VIII con-
tend Drlskell went to his room at The
Oaks hotel. nj First West and South
Temple streets, and went to bed. The
next day he and Kennedy went TO Ogden.
where they were arrested October 13,
James NJ. Lewis, porter at the Orpheum
theatcr, was. the first witness for the de-
Tense. Lewis said that he was walking
from tho theater box office, then on the
north side OF the lobby. toward the thea
ter exit when he heard tho first shot
fired. lie had time TO get almost to the
sidewalk and see the second shot fired,
he testified. The murderer then was on
the cast side OF his victim, with his re-
volver pointing downward. This shot
took effect in Riley's leg. Then the mur-
dcrer fled down the alley leading east
from State street. Lewis said.
State Rests.
Lewis says the murderer wore a grey
suit of clothes, but he did not observe
his hat and could not see his face. He
lost sight OF the man n few feet down
Riley.
Through Henry. Mack ,sieater, who ad
mitted that he is booster for the
Horseshoe club, a gambling house. the
defense attempted to show that Driskcll
broke away from Riley at Second South
and State streets. dashed up state street
and turned into Commercial avenue, but
Sleater's testimony left a running man,
supposed to he Driskel. on the east side
OF State street in the immediate neigh
borhood of two men supposed to have
hag Il1y. nd of II
Sleater said that as he was standing
In front of the Empire theater. several
yards below the Orpheum, about 0
o'clock Oh the night OF October D, he
heard the driver OF a sprinking car shout
Look out' and turned to see running
man irving 10 get out OF the way Of the
cart. which was on the cast side OF the
street. going south. The man, he said.
finally evaded the cart and ran on up
State street on the east side. behind two
men who will be shown TO have been
Riley and his prisoner. IT Is almost cer-
tain.
Sleater then walked on up TO the Or
pheum and WAS standing on the sidewalk
reading the programme at the south cor,
the first shot-the fatal one-fired at
Riley, The second shot came before he
could turn around, Sleater says, and when
he got turned around the murderer had
lying upon the sidewalk, he says, Sleater
third man to reach Riley's side. and
learned who had been killed.
Not Convincing Witness.
Seatcr was not convincing witness;
and the discrepancy between his and
Lcwis's testimony is so big as to be fatal
to Seater's. Lewis says that he was
standing in the thcater lobby by the box
office when the first shot was fired, yet
Sleater says he saw no one In the lobby
Lewis says enough time elapsed between
the first and the second shot TO permit
him TO walk several feet and see the sec
ond shot fired but Sleater says that he
lidn't have time to turn halfway around
between the shots
Mrs. w. 4, Rector, proprietress of The
Oaks rooming house. at which Kennedy
and Driskell stayed helped the state In
evidence without assisting
The defense any. Lewis says that the
of Riley wore a grey suit OF
clothes. and Mrs. Rector testified that
Driskell wore grey suit at her roominS
house.
Driskell first came to her place septem-
ber 10. Mrs. Rector said October 3 he
returned with Kennedy, What time Ken
ledy and Driskel came to their room
The night of October Mrs. Rector was
unable to say, but they both left the next
The room was slept in, Mrs.
Rector SAYS, but she doesn't know by
whom, Mrs. Rector, couldn't recall that
Driskel and Kennedy, the night OF the
murder left call for o'clock the next
She said Driskell wore flat.
Jldth I!bL 1JS"t!lD5 tll' t'oCi'pNiOb VI
The murderer's hat found in the alley
back of the new Moyle building the
after the murder. with the eX-
Mrs. Laura A. Wilson was the only |
,ther witness for the defense Monday |
md her testimony only went to show that
Driskell and Kennedy were staying at
Ter mothers rooming house In Ogden
when they were arrested by the police |
here upon information from here, Dris- |
tell professed TO be III on the day Of his
,aptlire Mrs Wilson said and remained |
n his room until almost o'clock in the |
,vening.
Driskell Oh Stand Today.
Driskell. Mr. Thomas said Monday. |
will go on the stand in his own behalf |
oday. In view of his confession TO the |
police, his story is awaited with deep |
interest. No attempt has been made TO |
introduce this confession so far. and the |
fort to get il into the evidence will |
lepend entirely upon contingencies,
DrIskel has acquired a healthy. florId |
His face is pallid and wears
keen, almost cunning, expression. He |
'vinces a keen interest in the proceed
ngs. approaching the point of nervous
less at times. A healthy quid of to-
,acco engages much of his time The
prisoner is neatly dressed in black.
There were many spectators Monday.
'ut the gentler sex was not represented
n the onlookers.
IL looks now as IL the case should go
o the jury by noon Wednesday
rrIu onnnnn nU Ix1n