Show what THAT tiye TIIE EVIDENCE IX xin ehe THE CASE As there is considerable interest felt in the case M ottinger andrew burt C B R savage C and A livingstone john 0 graham W 0 phillips and jas fennamore they having been arrested for training 78 we give space apace to the evidence of the witnesses who were brought forward to criminate the accused we wish the public to thoroughly understand the merits of this case that everyone may be made familiar with the grounds upon which action has been based A clearer instance of malicious and vexatious prosecution never existed and if the men who have been active in it were not already so low that they cannot very well bo be made more contemptible temp tible and sunken than they now are this case alone would damn them this whole affair is gotten up by them with the hope that by such means they can succeed in dragging themselves into public notice they are oppressed with the i insignificance to which they are consigned and having no honorable opportunity of escaping from it they have seized with snark shark like ilke eagerness this tra training of a few men as their only chance it is upon this evidence that the acting judge in this district has bound the two first gentlemen over in five thousand dollars bonds and the remainder in two thou san dd ollars bonds to appear at the march term of the court this is called law in utah and the man who renders calls himself a lawyer let it be recorded that this is the first time in the history of the united states that training under the waving folds of the stars and stripes that meteor flag of liberty has been punished as treason B R keyes examined by mr maxwell where do you live in salt lake city where were you on the morning of the of november in this city at the court room boom were yo you u at the ward school house during cimring the day yes sir what did youse you see there ethere I 1 saw a company of men drilling there how were they equipped had they guns yes sir can you identify any of them yes s sir r I 1 can identify mr burt mr ottinger mr phillips the two charles and archibald mr savage mr graham and mr fennamore cross croaa examined by judge snow what time were you there between eleven and twelve in the forenoon you saw those men there yes sir you saw them drilling yes sir had they any music yes sir any uniform yes sir I 1 believe a all ali 11 the officers were in uniform who were the off omm meers officers mr Qt was giving command when I 1 was there I 1 dont know whether he was an officer or not what others were there mr burt was mr burt burtt an of fleer officer I 1 dont know any others mr phillips do you know whether he was an officer dont know any more than the rest mr savage the two Living storis mr graham the same mr fennamore had a gun and should judge he was a corporal from the number of stripes on his clothes how long were you there about ten minutes did you talk with any of those present with mr savage any other no was there any boisterousness there not any in the least what kind of music had they martial did you observe whether the uniform was new or old it was very nice uniform I 1 could not see whether it was new now or old was there any drunkenness no sir you did not see any liquor on the ground no sir do you know how long they kept it up I 1 was there ten minutes and rode on ou a block or two beyond and as I 1 came back they were juat dismissing I 1 you went up after court couri adjourned here yes bir sir gir you remain remained cd there ten minutes yes str sir sir sin how long were you gone before you went back it could not exceed ten minutes you were not there over twenty minutes no I 1 sir when they bismis ed did they march off in different directions yes one company marched off down brigham street another west of the building when you went there did you command them to dismiss no sir did you see any women and children there yes sir there were a good many looking on both women and children did you see any women and children in the ranks no sir were there not as many women and children as men there could not say did you see any flags there yes sir what kind of flags my impression wag that they were the stars and stripes merethe were they dressed in united states uniform I 1 dont i know tha that u I 1 know the united states uniform they had hats with plumes swords etc did you ever attend musters in the states yes sir was this any different to them in any way objected to by maxwell judge snow claimed to show its legitimate bearing and that there was nothing done contrary to the laws of the united states allowed to pass in the states weare ordered out I 1 did not see anything different did you wear glasses on your face I 1 always wear them and I 1 bei lieve I 1 can discern a person with them as well as a person who does not nott wear them reexamined examined re exair ned by mr maxwell describe the uniform of mr ottinger as to its marks and insignia 1 I was not near enough to recognize the shoulder strap he had a blue coat brass buttons a black hat and a black plume how many men were there in the ranks question objected to but allowed by the court I 1 guess there were a hundred how many boys and women surrounding probably one hundred and fifty how many women I 1 took bud buc very little notice there were a good many cb children lidren ildreD what was the conversation you had with withIN mr Ir savage As I 1 came back I 1 met inet mr savage coming across I 1 spoke to him and said you have got through tigh he said yes I 1 then dis coveted discovered that the band was composed of bt t Ns p and said you have a young baud bauit 11 he said yes that band a year ago could not play a note there was a lot of boys with wooden guns and ancl lie he said they were going to have havea a drill that was the substance of it geo A blach examined by mr maxwell you are secretary of this territory I 1 am you were present at the muster yes what time was it I 1 judge etwas it was about 10 will you state what whai you saw I 1 saw sawa a number of men drilling I 1 should judge there were they were armed and equipped with various kinds of guns muskets and carbines dodou do you know any of those men can you recognize them I 1 can witness identified mr phillips mr charles livingstone mr Otti ottinger nger uger captain burt and mr graham what were they doing particularly they were going through regular military drill did you notice the uniform these men wore if so describe the uniform of mr ottinger on his coat he had shoulder straps a sword a hat and black feather in it cross examined by judge snow where do you reside in salt lake city how long have you been here 2 seven months the day of this mouth you said you were up in the ward what time d did id you go there about 11 have you any means of knowing the precise time chave not it was after 10 and before 12 how came you to go there I 1 heard there was a drill up there are you acquainted with costume in the states yes sir the uniform was alike with the exception of the hat I 1 never saw a 1 I colonel wear a hat like mr ottinger wore what is the difference in headdress head dress they usually wear a 5 cap do they wear a feather I 1 never saw one with a feather in it have you ever been in the army yes sir did you ever see a military officer wear a hat I 1 never did did you ever see them on dress parade paraded pa yes sir what is the difference of dress parade and fatigue when on dress parade they appear in full dress and when on fatigue they go around loosely there were about aboud there yes sir how long did you remain there fifteen minutes at least what did you do after the fifteen minutes expired turned round and came down town where were the men then still drilling did you see any of thelmen after I 1 did in the afternoon you dont know what time they left I 1 do not nor how long they were there no sir did you see mr keyes there I 1 did not I 1 saw him when I 1 was coming back when about half way between that place and the post office were you afoot I 1 was in a buggy and mr keyes was horse back did you come tolerably fast not very and he was riding on a slow lope did you see any w women omen and children there I 1 did A goodly number probably 15 or 20 there were a good many children I 1 did not notice any women did you see anything disorderly there no sir any drinking I 1 did not did you here any cursing no sir all AH was order quiet and peace yes sir did you see any flag there idid edid I 1 did I 1 think it was the american flag dont you know that it was I 1 did not go up to examine it I 1 took it to be the american flag examined reexamined re be b by y mr maxwell what munitions of war did these men have I 1 noticed they had old muskets principally some of them had carbines and a number had cartridge boxes the officers had hwd swords |