Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-03-22

u
The purpose of the state in introduce
inc this confession is 10 imucach the
testimony given by Driskell This morn
| ing.
DriskeIrs own story of his actions
I ON The night of tho murder OF Special
/ ou'cer a. e. Riley, a tale broken with
the blunt refusal to tell everything
/ ne did that night but with the after
( thought reelection. the anticipated en-
/ dcaNor Co Introduce the alleged con-
/ lessiun OF DrIskeu wherein he con-
/ tss-ed to Che murder OF the officer
/ brought bon with the view of impeacn-
ing the testimony OF the defendant
/ witness. and the yelled attempt of the
defense tu fasten the crime on Ken
| uedN' We're Che features iu this morn
| lugs hearing OF the trial OF L. H.
! briskeI. charged with the killing OF
/ ou'cer Riley on the night OF OCT. o,
| 1909.
With Drskeu on the stand on his
| own behalf and when under cross
/ examination, 30 developed that the de-
/ Jay in the Introduction Of the con-
! ifseIpu said 90 have been made to the
police after his arrest. had been held
! as means for impeachment The ef-
] fort 90 bring 90 before the jury came
D
| whether or not Driskell had related
/ an the incidents be had participated
| iu during the evening Of oct. 3, I 800
! Tie was asked N he had made COM
/ fes-lou before certain police officers.
| but the question was blocked by
/ counsel for the defendant A lengthy
4 argument before the court in which
/ Prosecutor LoofbourOw stated that the
! confession was not offered as original
I evidence but by way Of Impeachment.
/ ended in the adjournment OF the
| morning session for the purpose Of the
I presentation Of authorities 90 support
/ the states contention
CARELESS MIEN
rr.s<en even ON the stand and under
/ the grill of the denomination. held
! his air of Insouciance. he kept his
/ smile of careless Indifference. but after
I removing the constant piece OF gum
| from his mouth and carefully placing ID
bereath his vest collar. he resorted o.
The drumming of his fingers on the arm
| chair Athough Confessing himself o.
! be but % years of age. unable 20 read
/ and only knowing This letters" be-
| could write a letter or note when
/ someouc spelled the words FOR him.
/ he Kept up his debonalr appearance.
/ yaWniug sometimes as if overcome by
l the ounUi OF tho proceedings
Under the mask of Indifference, hove
| ever the nervous apprehension flashed
! out and the lazy droop Of the eyes gave
| way To- keen Interest I'M the Counseis'
| arguments regarding the admission OF
| the confession"
Before Drskell was called 20 the
! stand three witnesses, whose testimony.
I however % the listeners in the court
room seemed of little help 10 the de-
l PENDANT preceded him.
WITNESS SOMEWHAT VAGUE.
Anton Thompson told OF how ON the
I night of oct 3. the night Ofdcer Riley
/ was shot. he had seen group of men
[ ON the northeast corner of state and
| Second South streets but there was no
/ Identification brought out Five min
I utes afterwards the witness Thought
/ he heard two shots fired and had turned
[ and walked back 90 where the crowd
! was gathering Thompson was some
/ what confused in his testimony aver
/ ring that when ho reached the scene OF
/ tho shooting. men were carrying Riley's
/ body cup out OF the excavation re-
I feruug To- the excavation for the Moyle
buildug As Riley was shot down on
| the edge uf the sidewalk just south of
the excavation Thompson's testimony
carried little weight in favor of Dris-
kell
James r. HaaIy. whose dcmcanpr
smacbed of the sporting world, was not
permitted 90 finish the testimony the
defense seemed DESTROYS OF hringiuL
out in the eudcayOr 20 fasten the crime
uu Kennedy the man who broke hi-
way out Of the city jail
HC8iy had told of his acquaintance
with both Drskell and Kennedy and
testified that about o'clock on the
night Of oct 70 hc had met the two
OF them ON Commercial street near
First south According TO Healy Ken
d DAD
street 20 "a rooming house and sec o.
% couple of Mattresses were there.
Hoaly had gone the orraud but when
Doc returned the two men Were gone.
Healy boo answer 90 q direct question.
stated that he had seen that Kennedy
trousers bulged out at the waist band.
and that he knew that Kennedy was
carving go gun.
KENNEDY NOT on TRIAL"
Hculy also testified that following
the night Of the 5th OF October. hc had
seen Driskel two days later. and that
few days later De had met both
Kennedy and Uri~koll in ogden When
under direct examination the converse
tiou between the three at The last
meeting was sought To- Doe brought out
The state ohjectcd.and the defense dis
closed the object Of fastening the
crime 1u Kennedy The attorneys Tor
nrisI,cIi stated 90 the court that thes
expected 90 prove by the testimony of
the conversation that Kennedy had
made an admission against himself
and in favor OF the defendant The
court sustained the states objection
pending thc submission of the author
tiles by tho defense covering tho add
mission OF evidence of third party
as to an admittal 1f guilt but n lhe
course OF the drawu-out arg .t OF
counsel repeatedly Inferred .u-
nUd- WAS not ON trial
Tho defense brought out Ewing Etea-
1rdsbu. c1lored. a bartender gag the
Eagle saloon No. 81 Commercial street
audeavoring TO show that Kennedy had
carried revolver on the day OF or
nccr R5iey~ murder but after the
court Boo ruling ON 8u Objection. had
again stated that kennedy WAS uut
on trial. and that although it might Doe
proven that 100 or 1000 men iu Sat
Lake had been carrying weapons 1n
that day it would have no bearing uu
the charge against Driskell the witness
was taken from the stand
DRIsKEI.L Oh sTANp.
After 4 Few minutes consultation be-