The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-07-21
County Attorney VIII Ignore
Action of COroner's Jury
Acquitting Him.
COMPLAINT IN THE CASE
TO BE SWORN TO TODAY
Mrs. Jones Makes a Statement
Regarding Her Association
With Sheppard.

evidence showed that he had waited iol
four months before shooting Sheppard
Our statute makes murder OF this kline
justifiable in the sudden heat OF pas.
sion.' This was not sudden heat OF pas.
sion We are not bound by the coro-
ner's verdict"
This was the statement OF County At
torncy Jcb Lyon, Wednesday after
noon. when asked regarding the action
OF the county attorneys office In the case
OF John ~ Jones, who shot and killed
| Arthur +. Sheppard at the Wellington
hotel Tuesday morning. The complaint
was drawn Wednesday evening, but was
| signed by Patrolman Thomas Cassidy.
who Is said TO have seen the shooting.
After deliheratlnS twenty minutes
| Wednesday morning. the coroncr's Jury
| sitting In the Inquest over the body OF
| Sheppard. returned n verdict OF justif-
| able homicide, The jury was composed
OF j II. Tracy. II. J.. Driver and y. V.
| Thomson.
One Witness Examined.
During the hearing. which was held
| In the justice court of Stanley "A. Hanks.
| only one witness was examined Wedncs-
| day morning, w. o. Adams, the night
clerk OF the Wellington hotel, described
the arrival at the hotel of Sheppard and
Mrs Jones: exhibited the hotel register
showing that it had been signed by
| Sheppard as Arthur Forcyth and wife OF
Ogden. told of the entrance of Jones.
and the shooting which followed. Adams
said that three shots were fired In the
lobby OF the hotel and throe or four after
both men had run out OF the hotel. Ad
ANS testified that Sheppard turned and
ran out of the hotel when the first shot
was fired, and was followed by Jones.
Attorney NJ. M. Warner, representing
Jones; Assistant County Attorney J, F,
bowman and Acting Coroner Hanks then
held q conference. after which Jones was
sworn and took the stand, Before Jones
had been asked a question, Attorney
Warner arose and announced that he
had offered Jones as a witness merely TO
prove the marriage. The prosecution
objected. stating that the witness had no
right to be represented by counsel at the
inquest Acting Coroner Hanks stated
that there was no rule governing the
case.
Assistant County Attorney Bowman
then attempted TO question the witness.
whereupon Attorney Warner told Jones
that ne need not answer the questions.
Acting Coroner Hanks then said that IL
the witness cared 90 answer the ques-
tons he might. but II he did, the whole
case would have TO be gone into. Jones
then leTt the witness stand,
Mrs. Jones's Statement.
Assistant County Attorney ]. F. Bow
man was seen by Mrs. Jones following
the beginning of the Inquest, when she
made the following statement:
Mr.. Jones and I were married seven
the time. We did live for two years in
Colorado Most of the time he was af-
lected with an insane jealousy. until
finally / feared him. I met Mr.. Shep-
In the orchestra, l talked the matter
OF our separation over with Mr.. Jones
on March 10 and left his house and went
to live with my mother. After that he
threatened TO kill me and Mr.. Sheppard
three or four times. He looked queer
when he entered the hotel and before he
but he brushed me aside. He then shot
at Mr.. Sheppard and followed him out
into the street.
Assistant County Attorney Bowman. in
speaking OF the issuing Of the complaint,
said:
II do not believe that article 416S, sub
division 4, revised statutes of Utah. 1907.
can be made to apply in this case 1t
states that homicide is justifable when
committed in a sudden passion caused by
the attempt of the deceased. etc, |
The evidence brought out in the coroner's
Inquest showed that Jones did not know, |
when he entered that hotel. that Mrs, |
Jones and Sheppard had registered as
man and wife. He began shooting al
There Is. also. evidence that he had been
following and tracing both parties dur
ing the day; and that night, and had
the deed after he had understood ' the
existing intimacy between Mrs. Jones and |
Sheppard for some time. Jones had
threatened TO kill both Mrs Jones and
Sheppard number OF times. Neither
Mrs. Jones nor Sheppard had made what |
might be termed in the sense of the law |
any attempt to commit any crime. of |
deed had been planned and was premedi-
tatcd. there can be no defense of sud
den passion
Will Be Given Hearing.
Jones will be given a preliminary hear
ing before Judge. Whitaker of tho
Will in all probability according to As
sistant County Attorney Bowman: be
bound over TO the district court. so that |
n jury may decide from the facts In the |
case.
New light has been thrown on the ac-1
tion OF Jones in an interview by rep
resentativc of The Tribune, with Leland |
Graham, a son OF late Postmaster Gra-
ham OF Provo. and residing in this city
at 999 South Ninth East street. Graham
and Jones worked together as postal
clerks on the Oregon Short Line railroad.
According TO Graham, both he and Jones
Springs on September 10. 1907. when
train No. coIided with freight train
at one minute after s o'clock in tho
Jones was seriously injured at
that time. and for some time afterward.
and while he was In the hospital, 1t was
feared that lie would be Daralyzed, Ac-
cording to Graham, Jones. since then,
had always kept much to himself and
seemed to be a very quiet sort OF a per-
son. He was also in another serious ac-
cident last spring. when duty in a
motor car of tho o. S. l.. railway. in the
yards at Ogden. He again was seriously
injured and was in the hospital for a
period When he again went
to work he seemed TO brood a great
deal and kept much to himself. When
he and his wife agreed to separate, he
told his friends that his wife had gone
10 visit relatives In the east.
Period of Depression.
:, >sst Jones was n victim of periods of
depression. which he termed as "brain-
storms" was the statement OF ''GoIdic"
Brown. proprietor OF n barber shop ut
Logan, who had been very intimate with
Jones for number OF years, due to tho
fact that he had had the same sort of
trouble in his domestic relations
According to Brown. Jones had his
rooms In this city fitted up with the fur
niture he had used In his home before
the separation from his wife Brown
spent considerable time with Jones who
was not employed regularly being a ''re-
lief man" Brown spoke OF the periods
of excitement lie had seen In Jones and
stated that at such times Jones would
grind his teeth: swing his arms before