The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-20

ALLEGED Murderer of Officer
Riley Identified by Wit
ness of Crime.
NO CONFESSION MENTIONED
CASE STATED WITHOUT REFER
ENcE TO ADMISSIONS.

There Is the man." said Mrs. Sarah E.
West Of Ogden yesterday afternoon as
she sat in the witness chair before Judge
T. D. Lewis in the district court and
nodded her head toward L. E. Driskell.
Mrs. West was an eyewitness to the
murder Of Special Officer c. c. Riley on
the night of October last on State
street, and she declared positively yester-
day. as she had done when Drisken was
arrested, that Driskell is the man who
fired the two fatal shots.
The testimony OF Mrs. West, visitor
In Salt Lake at the time of the murder,
was one OF the strongest bits of evidence
brought forward by the state in its at
tempt to convict Driskell of the officer S
murder, and came during the closing
hours OF the day, after the twelfth man
of the DTiskel jury had been chosen. 1t
followed close upon the heels of the testi-
mony of Frank K. Nebeker, jr., that an
overcoat which was shown in evidence
was the one which had been stolen from
him at Second East and First South
streets only a short time before the MUIR
der Of Riley. He had Seen his coat next,
he said, when it was taken from Driskell
at police headquarters.
Thomas Blake was the twelfth man
chosen for the jury. He is a farmer of
South Jordan. His acceptance completed
the work of DAYS in securing a panel of
twelve jurors. The jurymen are: An
thony Bates, G. G. Sehlip, W. A. Wilson.
s. II. Green, Henry Duncomb, jr., J. L..
Cameron, J. I. Poulton, ]. E. Cottain, r.
H. Norris, J. B. Lewis, Isaac Brockbank
and Thomas Blake.
Jury Lives at Kenyon.
When the murder trial was closed for
yesterday the jury was placed in the
custody of the sheriff office. They will
be kept together and viii live at the Ken
yon hotel dsring the progress of the case.
This afternoon at o'clock they will take
trip to Saltair in a special car provided
by the Saltalr management. They Will
return at 4;30 O'Clock. Judge Lewis in
formed the Jurors that they could have
ma gaines, books or daily papers, but
that all mention of the Driskell case must
be cut from the papers before they are
pla ced in the hands of the jurymen. This
will continue through the trial of the case.
Some surprise was occasioned yesterday
when District Attorney Fred G. Loot
borrow outlined the case of the state
against Driskell, and made no reference
to the confession Of L. z. Driskell, said
TO have been given voluntarily to the Pc
lice after his arrest. He said that the
state would prove beyond a reasonable
doubt that Oriskel had done the killing,
and that competent witnesses would so
convince the jurors. But no mention was
made to the Jurors Of the confession, and
theoretically they know nothing about
such an instrument, further than that
some hints were made to this end during
the questioning Of veniremen.
In spite Of this, II is believed by the de-
Tense that the confession will be brought
into the case If it is allowed by Judge
Lewis, and a hard fight will be made 10
keep it from the record and from the
jury.
When the jury had been completed and
the district attorney had completed his
opening statement, John E. Mackay, dep
uty county surveyor, was called and ex-
planned a drawing Of that part of State
street near which the shooting occurred,
taking from First South to Second South
street, and both sides of State street, as
vel as the alleyway on the east side of
the street. through which the murderer
ran after killing Riley.
Describes Fatal Wounds.
DR.. W. F. Beer. who was called to at
tend Riley the night of the shooting, said
the special officer was dead when he ar
rived at police headquarters. He said
he found two bullet wounds, one starting
through the left side, between the seventh
and eighth ribs, passing through the
lungs and heart and emerging between
the fourth and fifth ribs on the right
side, then embedding itself in the fleshy
part of the right arm. He said he had
extracted the bullet. The other bullet
had struck the calf Of the left leg, and
had not been serious.
Frank K. Nebeker, jr., II years old, the
robbery of whom brought about the kill
ing Of Officer Riley, told of the ap-
proach Of two highwaymen on the night
of October 8, shortly after 8 O'Clock. He
said he was at Second East and First
South streets, on his way home, when the
two men approached him. They told him
to hold up his hands, and one of them
placed a gun to his stomach. He obeyed.
and one of the highwaymen went through
his pockets. Then the other, who had
the gun, ordered him to give up his coat,
and then walk east The young man saw
the robbers running away, so he turned
around and hurried to police headquar-
ters.
Here he found Special officer Riley,
Detective George Chase and the desk SER
geant. Young Nebeker and Detective
Chase went east toward Second East
street, and Officer Riley went TO State
street, then turning south. Nebeker said
he had seen the highWayman enter the
! dock back or police headquarters. The
state will try to show that when Riley
had gone south on State street he en-
cOuntered the two higbWaymen and was
escorting them to police headquarters sin
gle handed when DTiskell pulled away
and shot him dead.
Later in the day young Nebeker was
recalled to the stand. He testified that
he had not seen his overcoat again until
several days later. when he was told to
come to police headquarters. He said the
police showed him a coat which they
said was taken from Driskeil, and he
| identified II as the one stolen from him
| by the hlghwayman- This was allowed
/ by Judge Lewis after a bitter fight on the
part Of Mathonihah Thomas and Dale H.
Parke for the defense.
Tilt With the Court.
In the morning Mr.. Thomas and Judge
/ T. D. Lewis had had a little set-tc in
| regard TO the questioning of veniremen,
/ the court claiming that Thomas was fol-
| lowing dilatory tactics, The attorney de-
clared he was protecting the interests of
/ his client as well as he could, and sug-
gested that If the court did not approve
| of the manner of questioning that he
would appoint some other attorney in the
case, allowing him to withdraw.
| When Nebeker had completed his tes-
timony, Mrs Ethel d. RuInel Riley, wild
of the special officer. was called. She
merely testified that her husband was
old and had left home at about 6.o'clock
on the night OF October ). She said he
was a nigfE-watchman employed by resi-
dents along Brigham street.
| Mrs. Sarah E. West of Ogden said she
was In Salt Lake on the night Of October
3 last. She had gone to the Majestic the
| atre that evening, and was going down
| State street to the Halls hotel when the
shooting occurred opposite the Orpheum
| theatre. She was right there at the time
heard the first shot and the second, and
saw Officer Riley stagger and fall into
the gutter.
She said she did not go across the street
1 for about three minutes but clearly saw al
| that occurred, as well as the features OF
! the man who did the killing. She said the
lights were clear enough at that time OF
the evening, chiefly from he Orpheum
| sign, and that she saw him distinctly
/ across the street. She also saw him turn
and run back through the alley east from
| State street. Later, she said, she was
| told that the police had captured the
| murderer of Riley, and she was taken tC
] police headquarters to identify him She
| said one man was brought out. and the1
another, but that she did not recognize