Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-03-19
ORISKELL'S TRIAL
NOW UNDER WAY
Charged With the Murder Of
Special officer Riley
On Oct. 5.
STORY OF TRAGEDY BEGUN.
Frank Ncbekcr Tells a Portion OF tile
Story of the Events Which Pre-
cedcd the Murder

The twelfth juror was secured this
morning TO try the case OF the state
against J. r DriskeH charged with
the murder Of officer G.. g.. Riley ON
the night OF oct 3 last. in Judge
Lewis court this morning. and the
trial Of the case was commenced. The
jury consists OF the following. Anthony
Bates. G.. q. schHp. W. A. Wilson
$. IA. Green, Henry Duncomb, Jra j.
L. Cameron, j. II. poultou, j p. COT
tain. r. II Morris. j. D. Lewis. Isaac
BroCkbank. and Thomas Blake.
Eleven jurors had been obtained up
TO the time OF adjournment OF court
Friday evening. Isaac Brockbauk
being the last man acceptable To- both
sides. Thomas Blake, "a farmer OF
South Jordan, was called this after
noon and his mental attitude in regard
TO the case was satisfactory to the
state and defense. He was sworn as
juryman. completing the panel
District Attorney r. q. Loofb0urow
made his opening statement 20 the
jury. stating that the prosecution ex-
pcCtcd To prove by eye witnesses that
the murder was committed by l.. r.
Driskell the prisoner at bar. No mem
ton Of the alleged confess
sion made boy Driskell to the effect
that he killed officer Riley was made
In the states opening statement
The first witness called was John =.
Mackey. a deputy ln the office OF the
county surveyor. Mr Mackey idon.l-
ned map Of the two blocks situated
between First South and Second South
and State and Third East streets. COW
orlug the scene Of the holdup and tho
subsequent killing OF Officer Riley on
the night ~ oct s.
PHYSICIAN TEsTrTIEs.
Or W. r. Beer, who was called
20 the police station on the night
OF the murder. testified that he eN-
amined the body Of the dead man lying
in the station. and found two bullet
wounds in his body. The bullet was
produced by DIT. Beer and was offered
In evidence by the state.
Prank X Nebeker, Jr.. who was held
up by two men Just before the murder.
was the next witness. He detailed the
story OF the holdup. saying that about
five minutes before 9 o'clock on the
night Ion Question.tw men held him
up. one holding a gun. The man with
the gun. after DE had been searched
told him 20 take Of his overcoat and
the two ran OF. carrying the overcoat
with them. He ran for the police sta
hccr Chase and the desk sergeant
officer Riley. Detective Chase and
Nebekpr set out 10 follow the men,
Riley going west and officer Chase ard
himself going east Young Nobeker
was still on the stand when the noon
recess was taken. The taking Of testi-
mony win be- continued this afternoon
A little tin occurred between At
torney Mathonihah Thomas, chief
counsel for the defense. and Judge
Lewis this morning During the eX-
animation Of Talesmau Openshaw. MI
Thomas was proceeding with the ex-
animation ia "a leisurely way when
Judge Lewis requested that he ac-
CELEBRATE the examination In order 20
get 60 trial as soon a. possible Mr..
Thomas turned toward the Judge and
said: TT my conduct Of this case
does not meet the approval Of the
court. shall withdraw from the case
and the court may appoint another at
tcrney % conduct g." Judge Lewis
did not reply and the examination
was proceeded with