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Show pll STAR km STATE iJhpJiic Recital of Trag-rn Trag-rn Which Beers Was M Killed. MllS MOANS AND HIS PLEADINGS Unable to Shake Her ,'astiinony Against K Walker. WMtIio Tribune. 'MOct. 0. Through Mrs. Wil-under Wil-under the Rtiidins hand of fcrnoy N. J. Harris, Hie stock-tg stock-tg Option Electric Fixtures and '-tapany of Ogden, where Dr. Sfcrs is alleged to have been SB dcath hy FreiL C- Walker iXa Lawrence Sopt ember IS, jj-to give up its secret of -iHy. in the second day of the I'p;-, hearing of Walker and jjmbeioro Judge Murphy Tues-Ifcwiff. Tues-Ifcwiff. Her testimony, which was tKd in all the essential points ttgliter, Miss Bertha Hull, was 3w to the defense. She was, '$), star witness for the State, fill's testimony contained all Bfs of the tragic. It began 4; Jow flow of the small stream lajRwith the swift rush of the ecHtfiver. It left the defense -Bwrith a herculean task before VMpunt and break it up. All lltXti's, attempts to dash it to ?sBfpitiably futile. : I; Beers, who was present in ping, hitherto non-committal y ifissible, broke the silence, t& th speech. As the witness, in vo that breathed graphic id of the deadly struggle be kor and Beers, the latter 's t peals to the incarnate Gght ifo I appeared to possess the in-man, in-man, and the heedlessness 4(j jvthoy were met, the heart of 3S; j, ffho, like the spirit of an J feniesis, appeared .quietly and f; JWanched, and the. willing itti d like a river. So violent be-icf be-icf thai, at one time, shakon 2 gbs, she was compelled to room. She returned shorty-, omposure was broken down by Mrer. Hull's testimony, I were numerous spells of weep- 'jj huU "Ear Witness." v weakness in the Hull testi-W testi-W jjin the fact that both the jni .daughter were "ear aud not 53 Bes" of the tragedy. This a? is bridged oyer, however, by He circumstantial evidence, j. the usual preliminary quest's ques-t's jAname, age and Uie like, Mrs. she, her husband and her j; 11 occupied five rooms as a liv-meat liv-meat above the Electric Fix-ijl Fix-ijl nPPb' company's oflice the ;Bij te tragedy. These rooms, she nded over the space above the C 5 Httlo room in which the y dof the electric company's Stairway leads from the rear 'Ku ie five they used as an apart-'A1 apart-'A1 '-e stockroom, to which the -jwged to have been transferred , smaller middle room of the ififlt oflice. A glass door per- Hartinl view of Iho stockroom Wi'the tragedv, Mrs. Hull tcs- ra.Hurs Testimony. Ba iat she and her daugh-the daugh-the back room of their liv-jpnents liv-jpnents a large room, directlv fjfe electric company's small Ktney used as a kitchon'-wash-.Rn the trouble started. Her itfM'- e Rnt eliminating ifpunty Attorney Harris's ques-. ques-. few technicalities, follows: :Uhat we noticed was some one ivJHfnt directly under us, and J'lJlfcollerBd "Oh!" as though he jjP toawful. and then It was still ftnt Tnen there was another jipne same "Oh!" was repeated. jjiJP6 times. At that time they Kmi ac,c room the large back il'yir-" v,'a8 continued for at least SM' "Oh!" and "Oh. don't!" WJ5. nt lenst a ll!1,r dozen times struggle, and then there was Kjjiutes of silence. I could hear tasking a question, but I could liKjfnd the question, but the an-. an-. IVOnce,-' and the question was n' ant "Once" was again .idF'jreo times, and then with an jMotnoi- party struck thin party IK? 9J1'" and fell to the floor. TPar the fall plainly, and then j rf??e bloxv aftr another, and J Where .was "Oh!" "Oh. don't!" me?': Dou't'" "01. Walker, K struggle lasted at least live ?Je.bI?w aftcr te other; then 'ft that 11,1,0 thls Party that k ,s otl,er Pnrty as "Walker" W i ?n,.hls ,ccl- "" this party i S?.?f Vnlkor sat him on somo-J somo-J ".sounded like, and he says. hcre. 1 am not through rJB&z. ,A,,d ho rested a few mo-P2? mo-P2? lhnl t,mc -,,0,no one threw 4"i Ti;' A!$ tb water from a 'Jt'A JfiT?n aj'ttlc bit and there was Zi mi. 1 cou,(1 "Ot understand Lk 1 ." m'ro "sited, but the an- jYJ ' Lni0V'" "No'" "l d,d not-" j It 5"'.1 lnen there was somo v-'it-! a,nthcr struggle and ho y IVoti tlme there was a sllonco w- iX' " mro noise at all for $ ll!ule?- And then It standi stan-di ?anr"I(m: moon and Hum a fx Ssinan.dl..Htt,c "ilor, until It J 9h' ttnd ,1,l,t moaning nJS.'4 nlonK and that "Oh," for '41 &lM,?r nvc nlimtes, nnd then J gthere was a question asked f?M ho Bt,y. "I will swear MRS. HULL STAR WITNESS FOR STATE Continued from Pago One. j before God I never. I never, before God, I swear beforo God." Walker Brooked No Interference. He repeated that five or six tlmcp. perhaps per-haps more, and then there was another struggle, and during this. struggle and i the moans there was sonic one Interfered, I ami the answer some one answered, i "Tend lo your own business, or I might kill you," and the struggle continued; Also Hn moaning. I could not distinguish distin-guish tho voice that interfered. Q. Stale whether or not the voice that sold "f might kill you" was the samo voice A. WnG the samo voice that was tallc-ln; tallc-ln; constantly to the person that was receiving Uw beating. Q. Did you recognize the voice of tho person who interfered? A. No. I could not; It was mingled too much witli the moans. Q. You did not hear what was said? A. No. yir; but by the answer I know some onc interfered. Q. Then what next occurred, Mrs. Hull? "My God, Walker, Don't Kill Ilo." A. The struggle lasted quite a few minutes at that time, and the party that was receiving the beating says, "My God. Walker, .don't kill me: Don't kill mo!" and he ?ays, "I havo got you now, and 1 am going to kill you while T have got you." At that point I ran to the front window to see If there could be a policeman po-liceman seen anywhere I had gone two or three times before that and I ran bark then; there was no one in sight, I thought perhaps I had better call sonic of ihe men on the street up. Thon I went back and ho wan moaning; moan-ing; there were no blows going Just then, but he was moaning awful, and thon there was quite a bit of talk I could not understand tho questions it seemed as though they were either asked through the teeth being closed or mumbled some wnv I could not understand under-stand them but he still denied whatever it was it was denied and still moaning I all the while, and then this man by j the name of Walker started at him again. Called Beers Vilest of Names. He says. "Go away Walker, and let mo be: I am afraid of you, Walker." And Walker says, "Damn you. I know you arc." And then he called him a vile name, about as vile as a man can be called. And then this other party says. "Well. I can't do anything; you know I can't." And this man by the name of Walker says, "I know you can't." And then they started with a struggle, then 1 ran to the window again to see if there could be, a policeman in sight, and i Just at that instant there was a scream louder than any before and my daughter came running in and said. "Mamma, he Is going to kill him this minute " I looked out and this gentleman Shaw, as I afterward found out his name Is, was standing almost under my window as I leaned over, opening a leller. perhaps a bill, and I called him. I says, "My God, get a policeman, quick; there Is some one being killed In the back room." And he says. "Where?" And I motioned down stairs In the. back room, and then he ran In the direction of t ho Crystal saloon. Then I went back In the back part again to sre if ho was really dead; If they had finished It np or not. Evcrvthing was still; my thought was. "Ho Is dead " Heard Sympathetic Voice. I went to the wlndov. and listened, and T heard a voice that seemed to be full of sympathy say. "Where do you want me to tako you? Where do you want to go?" And the voleo answered. "Anywhere"; "Any-where"; and the other voice, which was Mr. Lawrence's, says "To your room?" And he says, "No, not to my room," and then he says something about a hospital. The water was running then, and then I went to the front room window lo see If there was any officer In sight; none whatever was in sight, and then I returned re-turned back to the back room. The conversation con-versation was going on between Mr. Lawrence and this man that received the beating, but I could not understand what wastbelng said on account of the water running According- to .Mrs. .Hull's testimony the tight covered a period of somethin'e; liko thirty-five minutes, including three intermissions of from two to fivo minutes min-utes each. Mrs. Hull said it began at 9:10 o'clock and ended about 5:45. She said at the end of the fight she hoard a hack drive up or Beers. Through the stairway leading from the Hull kitchen she saw Lawrence and a voting man, Lawronco Herdi, supporting Beers to the carriage. Beers s face was bleeding from cuts and there were numerous piasters over it. lie was placed in tho hack and driven away. Lawrence came back to the room, placing plac-ing a bar across tho rear door. .She then heard some ono say: "I have to have a shirt. 1 '11 have to burn this one." Tho words were in Walker's Wal-ker's voice. Some one left the electric company's office ,by the front door, and Mrs. Hull went; to tho window to see who it was. It was Lawrence, who wont to a drug store across the street and returned directly with a package. One of tho most dramatic incidents in the -hearing came when Mrsi Hull testified that sho heard Boers moan, "My poor baby, my poor baby. " as he was being carried to the hack. "Baby," Mrs. Beers tiftenvnrd explained, ex-plained, was a term of endearment her husband used toward her. She broke down and wept violently at this point in tho testimony. Called wallcer "Ornery Tiring. Mrs, Hull and her daughter, when they stepped to the hallwavy at Ihe head of tho stairs, after Beers was taken away, saw Walker washing his face and combing his hair. There wero no signs of blood on him. Tho daugh ter said to Walker: "You 'ornery' 'thing for fighting so " Walker turned from the glass but. mado no reply. About an hour after the fight Lawrence and Walker left. Walker staggered as if tired .by great exertion, arid Lawrence Law-rence supported him by the arm slightly. Before Walker and Lawrence left, Mrs. Hull said, she hoard Walker say: "Ho wasn't beaten enough," or "T didn't bent him enough." Sho also hoard sounds as of some one mopping tho floor, and afterward learned that Hay Glodhill cleaned up the blood and placed things that had been disarranged disar-ranged in their proper -position in tho room. Mrs. Hull then was turned ovor to the defense for cross-examination. W. R. Hutchinson, for the defense, tried by nearly all the tactics known to the profession to trip and confuse Mrs. Hull, but failed utterly. The defense de-fense inadvertent made a point for tho State in bringing out from Mra. Hull that the moans ceased as won j as Bcors was removed from the room, j Under the volley of questions directed ! at hor she showed considerable patience, pa-tience, becoming nettled only once or twice, and did not change "from her original story in a single point. In I fact, Mrs. Hull turned tho laugh at tho expense of the defense on two or three occasions. When the defense inquired minutely into her life, asking her to tell about her parents, name the placer, in which sho had lived and give hor' maiden name, in a stroke of wit she added, "My grandparents came from Lngland," creating a hearty laugh decidedly de-cidedly not at her expeneo In Favor1 of Lawrence. Mrs. Hull's testimony exonerates Lawrence of any active part in the tragedy, and shows that ho tried to interfere in-terfere and save Bo-rss life, but was. not insistent enough. It puts Walker in a precarious situation, however. 'If the defense has not developed something some-thing extraordinary in his J)ohaIf, it looks as if Mrs. Walker, if the story of her alleged illicit acts with Beers is true, will have to play tho part of lively n Xcsbit Thaw to save her husband, hus-band, after all. "Mrs, Hull finished at 3r30 o'clock, having boon on the stand about two hours and a half, and her daughter, fiditji, fifteen years old, a pretty slip of a eirl with black hair and black eyes, took the stand. One essential difference in her testimony from hor mother's was that sho heard no sympathetic sympa-thetic voice asking Beers where he wanted to go at tho end of the fight. She thinks she was at, the front window win-dow looking for the police then. Her mother testified that sho thought the police must have been on a strike in Ogden that da v. Moves Order of -Dismissal. After Mis3 Hull's testimony County Attorney ' Harris announced "that the State rested. Mr. Hutchinson, for the ; defense, asked that an order for dis-i dis-i missal bo entered in Lawrence's case, arguing that the Hull testimony did not indicate that Lawrence had any criminal connection with the killing of Beers. In making up the evidence ho mentioned the alleged attempt at self destruction by Mrs. Beers over the perfidy of her husband that brought another storm of tears from the physician's physi-cian's widow. After the hearing 'she resented the attorney's reference, but admitted thai in rashness she might have made some statement that gave rise to the report of her attempt at suicide. The court denied the defense's motion, and adjourned the hearing until un-til 10:30 o'clock this morning. Whether the. defense will introduce witnesses, Mr. Hutchinson declined to say, but there is a feeling that it docs not care to show its hand at this time, since it is certain from the denial of the dismissal motion in Lawrence's case that both cases will go over to the District court. In introducing testimony testi-mony now the defense would give the State an insight into what it will depend de-pend upon to save Walker and Lawrence m tho District court, and thereby weaken its defense. It was said Wednesday Wednes-day that the State had not intended to place the Hulls on the stand at tho preliminary pre-liminary if it was thought the men could be held over without their testimony, testi-mony, and it was desired to spring this testimony on the defense in tho court trial, but forco of circumstances compelled com-pelled that they be heard in the preliminary. pre-liminary. Othor Testimony. Mrs. J. C, Gasberg, proprietor of the Colonial house, where Dr, and Mrs. Beers roomed, testified. ejirly Wednesday morning that Lawrence and Walker called for Beers, at the Colonial the evening of September 17, the day preceding pre-ceding tho tragedy, about S:30 o'clock. When t old that he was not in, they got his room number and went to the room. She said Walker entered, after knocking knock-ing on the door and receiving no response, re-sponse, and she thought ho ransacked tho dresser drawers. She ('ensured him for entering the room while Boors was out, but Walker said he thought he might have been in bed and had not heard the knock. They waited until 10:30 o'clock, and left. Beers came in about,. 11 o'clock. Shaw- who was told by Mrs. Hull tha't a murder was being committed, and Policeman Mar-lin Mar-lin wore on the stand in the morning, but their testimony was not impfertant, Mrs. Beers, in an interview at the close of the session Wednesday morning, said she would remain at Ogden until tho trial in the District court was over. Her father-in-law, Frank Beers, and her brother-in-law will soon join hor there and stay with her, as she is ill, being threatened with typhoid fever. She expressed satisfaction with the progress of the case so far. Women formed the biggest percentage of the crowd again Wednesday. Walker's face was that of a stoic when tho most damaging testimony was being be-ing given against him by the Hulls. His hands still arc bandaged. Mrs. Hull's little baby attracted attention in climbing climb-ing up on Walker's knee while its mother was on the stand Wednesday. |