The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-08-05
A Flagman on the Rio Grande
Gives Important Tes-
timOny.
CLIVE C0NTRADICTS 1T;
W0MAN'S BROTHER SWORN
His Testimony Was Much In
clined to Favor Wilcox,
the Victim.
Snecial To The Tribune.

PROVO, Aug, f,-When court convened
this morning the state commenced the
Introduction OF testimony In rebuttal in
the Give murder trial Very little evil
dence has heretofore been given for the
state except to prove the killing. and. this
being admitted, justihable homicide Is
claimed by the defense.
Tho first witness called this morning by
the state was II. p. Gayhart OF Grand
Junction. Colo. a fagman on No. Den
yer & Rio Grande train, on which Give
went TO Mil Fork on the night OF the
killing of Wilcox. Gayhart identified the
defendant as a man who had passed at
or near the rear OF the train when IL
stopped at Mill Fork on the night of May
Z. Give had something In his hand,
which witness thought was gun. he
said Give sat down for short time on
the railroad grade, afterward disappearing
toward the work train. and Immediately
after Give went out OF sight In the
shadow Of the work train witness heard
door open and Immediately heard two
shots fred and man call out. My God.
don't shoot any more. you've got me
Tay Do aH afp m hm hna|d Wnsss hen SGif sf
with his train. Gayhart's evidence was
given to contradict defendant. who claims
he loaded his gun near the car where he
heard Mrs. Give demonstrate with VIII
cox.
Jerre Daley of Ogden. conductor on
train No May No iestea f1nG sait sna' axe axe
TO Mill Fork on the night In question,
and that the train arrived at Mill Fork
at 1920.
Mrs. Clive's Brother.
Ralph Olson OF Salt Lake. a brother
Of Mrs Give testified that on May 5
Wilcox came TO his mothers home in Salt
Lake and asked witness TO go TO the car at
Canyon siding with him, so as to pro
tect Mrs Give, witness sister, and. in
CINa GODill6 leave IN he there to
protect his sister and her reputation. On
arriving al Canyon siding. Wilcox and
Wilcox went into Mrs. Gives room and
gave her the flowers and witness fol;
lowed Immediately after. Witness said
he did not think Wilcox had time TO kiss
Mrs. Give before witness came into the
room. Mr.. Give came in short time
after. The next morning Mr.. and Mrs:
Give Quarreled in the car and Give said
TO his wife, after accusing her OF letting
Wilcox kiss her. Il VIII kill you" on
cross examination, Olson said he be-
leved that was what Give said. When
witness stepped in between Mr.. and Mrs
Give and said. You won't Give struck
him on the nose. Mrs. Clive then called
for Wilcox and he came, and in the quar-
rel between Wilcox and Give, Wilcox told
Give TO come into the office and get his
time. Witness said the night OF the
shooting he went to bed at 1890. leav-
Ing Wilcox In the office. The shooting
occurred not more than ten minutes after
he left Mr Wilcox. Witness said he had
not been to sleep and had not heard any
noise or voices before the shooting. He
heard no one enter his sisters room
through the door leading TO her room
(Clive testified that he entered in this
Mr. Cllve and Mrs. Give were alone in
the car. Give said 10 Mrs Give: u
thought when Wilcox gave you those
flowers ! would make him wear them. J"
Give asked witness to say that he heard
or dreamed he heard Mr.. Wilcox in Mrs.
Gives bedroom. when Mrs. Give said to
Ii
cir Giiye Tgahd repli@d no 81 that viii viii not , do "
brought this gun from Salt Lake and
they will find that out" Give told wit
moss 10 burn some papers and he did so.
He did not know the contents of the pa
pers and made no effort 10 know or to
keep from burning them; There were sev-
cral guns around said the witness.
and ! did not want 10 take any chances
The state was not permitted to examine
the, witness as TO a statement made by
Wilcox to witness about a forged Certlfi-
cate Of deposit brought back from Salt
Lake bv Give for Wilcox. Witness. how.
ever did testify that after the shooting
that Give and his wife might be alone
and witness heard Give tell Mrs. Clivo
TO get down on her knees and hold her
hands where they belonged.
On cross examination witness said he
did not remember Give saying 10 Mrs.
Give at the time Give struck witness,
'I would rather kill you than have you
go wrong with Wilcox or any other man"
When Give left the next day after the
shooting witness and Give had a talk
at Sprlngville: at which Give rather
apologized for striking witness. and said
that he thought witness was rather in the
right 10 stand up for his sister Give
asked witness TO look after Mrs. Give
and protect her from Wilcox when Give
way away
What Give Said.
Deputy Sheriff Elias Gardner of Thistle.
who was called TO Mill Creek after the
shooting. testified that Give told him
that he and Wilcox were standing up
when the fatal shot was fired that Give
pressed the pistol against WilcoNs body
and fred and Wilcox fell. Witness said
WllcoXs bed appeared as if some one
had recently occupied It.
Ike Miller. who was with the bridge
gang testified that WilcoNs bed: after
the shooting. looked as II II had been
occupied (The object OF this testimony
is To confirm the states theory that VIII
cox was I'm his room and In bed when at
tackled and killed.)
The court room was crowded today dur
ing the progress OF the trial. many peo-
pie standing. Give. The defendant. is a