The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-04-30
JUDGE MURPHY
WILL TAKE TIME
FOR DECISION
Testimony Closes in Case of
O'Hara and Clore and
Arguments Are
Heard.
DEFENSE OF ALIBI
STRONGLY URGED
Several Days Will Probably
Elapse Before Court
Announces His
Ruling.
snecial 10 The Tribune.

OGDEN, April 29.-Upon the decis
ion of Judge j. d. Murphy Of the city
court largely depends the fate of BryaI
O'Hara and Victor Clore, charged will
the murder of William \. Davis. a ne
gro train porter, and the robbery OF
the Overland Limited train at Reese
station the evening of January 2. Al
the conclusion of the arguments from
the attorneys who have been engaged
for the past four days with the pre-
lminary hearing. Judge Murphy de
clared his intention of availlng him
self Of the two days allowed by statute
in which to render decision In sucf
cases. A short conference between the
attorneys followed, IL being decided
to wait on the court Monday, when a
day will be set for the court s de
cision.
Judge Murphy inquired of the ste
nograpber whether it will be possible
TO get transcript of the evidence
within the next few days, indicating
that he will probably take longer than
the two days TO decide whether the
prisoners be held for trial i'll the dis
trict court. unless objection 10 an eX
tension Of tho time is offered By tine
attorneys. which is net probable.
Judge Murphy declared that there
is some testimony offered both by the
state and the defense which did not
commend itself to him, and with which
be would like to reconcile before de-
cision is given.
The court said that he would de-
eide the case with some embarrass-
mept. owing 10 n remark from one o.
the defendants attorneys regarding
the custom of his court in preliminary
cases. In his argument the attorney
said he had been informed that II
had been the custom OF Judge Murphy
to bind over all defendants in Grim
inaI cases where the state had of.
fered testimony. Judge Murphy said
that be was aware of no such custom
eide each case according TO the IN
dividual testimony instead of rote
or rule.
Returned to Jail.
The prisoners were taken back to
the county Jail, where they will be
held pending the court IS decision.
Should Judge Murphy decide to release
the defendants it is understood that
the Pinkerton detectives who have
worked up the case against O'Hara
and Clore and who have been con-
spicuous by their absence at the pre-
liminary hearing, will again arrest the
defendants and come forward with adj
ditional evidence which they claim to
possess.
Most Of the last day Of the preim-
mary hearing was taken up with the
corroborative testimony of witnesses
for the defense as to the alibi which
the defendants are offering as de.
fense, and the effort on the part of
the state on its rebuttal evidence to
destroy the effect of this testimony.
To large extent the state was sue
cessful in the latter effort, Mrs. Fred
Goodman, proprietor of the Combina-
tion lodging house at Bingham, who
testified yesterday that the defendants
were occupying room at her house the
evening Of January and for several
days subsequent and prior to the train
robbery, was recalled by the state and
admitted her signature to an affidavit
signed before Justice of the Peace f.
K. Dudley of Bingham March 10, in
which she swore that she did not re-
member that either Clore or O'Hara
had stopped at her house.
The witness admitted that a photo.
graph of Clore was shown her at the
time the affidavit was made, but that
she did not connect the photograph
Goodman appeared badly confused on
the witness stand and turned pale while
she was being examined by the county
attorney.
Dudley on the Stand.
Justice of the Peace L. E. Dudley,
called by the state, declared that
photograph OF Clore had been shown
Mrs Goodman at the time her affi-
davlt was made, but that she was posi-
tive that no such person had been q
lodger at her house. The Justice of
the peace admitted under cross. exam
ination, however, that the photograph
was rather Door likeness of the
shorter defendant. Deputy Sheriff G.
d. Coates of Bingham was present Mt
the time the affidavit was signed and
corroborated the statement OF the
Bingham justice.
In order 10 attack the credibilitv of
John o Leary, one of the allbi wit
nesses. who testified for fhc defense
Yesterday. the state recalled O Leary
TODAY.
''When did YOU last see CIore and
o 'Hara! began the county attorney.
''On January 9 of this year
f'What were YOU doing on that day
that fixes the date in your mindl"
"Clore and | were rustling.''
"Rustling!'
'.That's looking for job ex-
planned the witness.
"Do yon know Bean of the Highland
Boy mine?i
"Yes, sir,i'
''Did YOU ever get discharged for
drunkenness from the Highland Boy
minef'
"No, sir; l swear before God and
man that 1 never did
Did you ever work in Park CityY''
''No. sir; l never did
Says 'Leary Was Fired
G. S. Bean. Jr., a foreman at the
Highland Boy mine. was then called
by the state. Ban testified: ~ know
O7Leary. He worked for me at the