Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-03-21
Cell Mate Testifies Against the
Suspected Murderer Along
Damaging Lines.
PLANS TO ESCAPE FROM JAIL
Negro Fireman Also Tells Of Receiving
\ Couple OF Rcvolycrs From
Kennedy and DrisNcll.

summoned as witness in the case
William Morgan. cell mate OF Driskeu
during his Incarceration in the county
Jail, who testified that he wrote. az
Driskelrs dictation two notes directed
20 Driskelrs brother. Tracy Driskeu.
asking him 20 bring revolvers and
hacksaws into the Jail for the purpose
of crecting am escape from Jail.
Morgans testimony was entirely un-
expected hy the defense. and came as
complete surprise. Morgan is i'm Jail
under a charge of counterfeitlng and
was arrested by United states officers
RE was placed in the same cell as
Driskell. and testified this morning
that he wrote two notes at DrIskells
dictation, the second one OF which was
produced In court The note is not
signed. and was found by Jailer Jo-
seph Burbidgc and Deputy Sheriff Cor
less in the pockets Of Drlskcr officer
Corless testified that the note was
discovered In the pocket OF the over
alls worn by Driskell, and was rolled
up tightly In the form OF a cigarette
At the same time three hacksaws
were found In the cell which had been
brought in In a package Of corn flakes
DRISKELL'S NOTE.
The note contained Instructions to
Driskelrs brother TO bring stuff into
the cell, and Included the statement:
1t is life or the rope, you know" The
note is as follows:
SAY, e. H. we viii be in the hail
tomorrow knight al about halnpast
" and viii have the screen fixed so
you can hand us On "a gun or 20 and
you make it back To your room see. we
viii mark our window with the candel
burning on the bars. and you come up
and hit the screens and we viii no
you are there with the stun and VIII
take Il from you. don't fail tell us to-
morrow you will be there. 10 be life or
The raap you no. Good BY.
''or you can cut the littel wire that
holes the screen and we will push IL
out. don't fail us"
The attorneys for the defense fought
hard TO exclude the testimony Of Nor
gan and the contents Of the note. but
after number Of debates between
Ch.ef Counsel Mathonihah Thomas. for
the defense, and Judge Lewis as TO the
admissibility Of the note and testimony.
the court ruled that it was admissible,
20 which exception was taken by the
defense.
GAVE THEM TO DRIsKELL.
Morgan said that Drskell asked him
10 write the notes, and that after he
had done 50 he gave them 10 Driskell
He said Driskell said he was going to
give the notes TO his brother, when the
lawyers came TO see him The first
note Morgan said. was written about
five weeks go on the Monday morning
prior TO the saturday when the saws
were brought into Jail. Five saws were
brought IN, and three were retained In
Driskelrs cell whilst the other two were
passed into the cell occupied by John
Furey.
Jailer Burbidge was called and said
that on Feb. 10 he made a search OF
the cell occupied by Drisken and Nor
gan, and that he found the saws on
Driskclrs person. Deputy Corliess tes-
titled that he found the note submitted
in evidence rolled up In Driskel's over
alis
After the note had been read 20 the
Jury BY Dist Atty. LoOfbourow, Atty.
Thomas started 20 examine Nor
gan
you were much interested in the de
livery Of those saws, were you note
asked Atty Thomas.
yes. I was" answered the witness.
You intended TO escape when the
rest of them did. didn't you?"
u might have done" replied the Wit
ness
Did you suggest anything that was
written I'm those notes. asked Mr.
Thomas
After studying a few minutes Morgan
said. ~ you insist on my telling about
that part of IL, / will tell Il and tell IL
straight
COURT INTERPOsEs,
The court here mterposed and in
structcd the witness that he could de-
cline to answer the question I'm the
event that the answer might incrimin-
ate himself
u do not desire TO embarrass the Wit
ness" said Mr. Thomas. - withdraw
the question
II insist that IL is not 10 the embar-
rassmeut Of the witness that the de-
Tense declines TO further question the
witness" intericcted Dist Atty. Lo1f-
huuroN. 1T rs not the witness vito
would bee embarrassed.
III repeat Numbered Thomas. that
/ do not wish to emharrass the witness
by pressing questions which may in
eliminate him. and / withdraw the
question"
'Tho reason for counsers withdrawal
of the question need not bee given" ga a
the court III he withdraws the qurs-
ton. that Is the end Of IT,
Morgan's testimony was given Ard
he was excused just as the noon hour
arrived and the court then took a rec
cess.
GAVE UP TWO REVOLVERs
other witnesses examined this morn
ing were officer Chase who said he
was present at the examination By
the doctor Of the body OF officer Riley
az the police station just after the
killing. and said the person there lying
dead was officer Riley.
Deputy County Surveyor John ~.
Mackey was recalled 70 Identify ths
rswing of the building on the blocks
surrounding the police station which
he had been requested 70 draw INTO
the map by counsel
officer n. II. Chambers Of the ogden
police force. was also called. lie ttst-
fed 10 having arrested Driskell az Og
den on the evening Of Oct II, and
that Drsken told him that be had
never heen I'M salt Lake city
Ollie Pierce a negro fireman employ
ed In Commercial street also testified.
Tie said that he knew Kennedy and
Driskell. and that he met them the
morning after the killing and the two