Show THE COURT the legal disputes before THE AIKEN CASE CONTINUED testimony of witnesses the house barned in lake store to days proceedings 0 rt resumed session promptly at 2 adock p m yesterday afternoon the aiken case was continued johnann testified that he lived at payson I 1 am a eon johnson I 1 was present on the night when the house was burned down the furt lier testimony of this witness did not differ materially from that of the two previous witnesses luther K stewart testified that he lived at benjamin and that he held the position of justice of the peace I 1 live about four miles from where this house was burnt I 1 have known jamea aikin for several baars about six weeks after tho burning I 1 had a conversation with james aiken he sent for me and nihed to speak to me I 1 saw mr aikin he wanted to tell me about the case he told me that nielsen was not there he said he knew because he was thera himself I 1 friej to get him to tell rue all about it but he said they had sworn an oath that if either revealed who the others were they would have a right to take his life I 1 was satisfied by liis bearing that he was the examination was held friday or saturday and monday or tuesday he was gone I 1 knew he was gone because the constable was looking for him and h was not to be found in the conversation the defendant said they did not have guns but they had three sticks and a pistol the shots were fired by a pistol elizabeth todd testified that she was present at the fire at lake shore she related the story of the burning about the same as was related by the first thirey witnesses benjamin argyle testified that he spanish fork I 1 arrested the defendant on the first dav of july I 1 found him down in the meadow sharpening knives for his mowing machine I 1 have had a conversation with him on this matter it was some time after the burning that the conversation occurred he told me that he was one ofilio parties who fired the house he would not tell me who the other parties were I 1 have talked with him several times I 1 offered no inducement or pay to tell on the stewart did not me to offer 50 to him if he would inform on the others I 1 told liim I 1 would use my influence in his behalf if he would make a clean breast of it john bellows testified that he lived at lake shore I 1 am acquainted with james aikin I 1 remember when he was arrested he had a conversation with me he wanted me to swear that he was at brashers Bras hels house at the time of the burning I 1 told him I 1 do it lie said if they do something for liim he was done for I 1 have been arrested on a charge of burning this house T have been arrested other times I 1 dont remember just how many times I 1 have been arrested I 1 have never been offered anything for testifying in this case lam not anuci arrest now for burning that building I 1 have been arrested for running horses in the street and for throwing peache sj nobody was killed or badly wounded laughter alie prosecution rested for the pre ent sir evana stated that they had one more witness but ha would not be here until 4 30 judge powers for the defense stated that he expected to prove that the defendant was not present at the burning james W aiken testified that ho was the defendant in this case I 1 live antlake shore I 1 am slightly acquainted with william johnson on the afternoon of june SO I 1 was at place to get some horses I 1 was there about half an hour I 1 went home I 1 met enck neilson on the road I 1 also met my sister she went home with me my arlor slept in in the kitchen I 1 elspa in another room I 1 could not pass out of the room without going through the kitchen my sister got up first in the morning no one came there that night and gave me brandy I 1 did not go to johnsons that night I 1 had nothing to do with the burning of that house I 1 first heard of it the next day I 1 was arrested on the charge I 1 have never acknowledged in conversations with mr stewart or the constable that I 1 was connected with aliis burning I 1 went to P V junction to work from there I 1 went to green river I 1 bargained with a man to go with him with a train load of cattle he agreed to give me a pass hack we went to kansas and then on to pan handle texas about aleek afterwards I 1 asked him for my pass he refused to give it to me to mr ebaos I 1 did not come home because I 1 biad no money I 1 think the mans name was beckering Pec kering I 1 worked for 25 per month I 1 took aliis job because it was the best I 1 could get judge powers they did not want him on the sewer grevans Mr Evans you were taking a tour through the united states were you an s yes r mr rockhill came to texas for me I 1 did not know he came for me butil we were on the way back I 1 had started back he saw me in pan handle city I 1 wrote to my parents 1 enquired of them when I 1 would be wanted I 1 received no answer james W aiken testified that he was the father of the young man who was just on the stand I 1 was at home all the day before the fire my wife son and little boy slept in the bed room that night my son was in bed by eleven I 1 did not see liim leave there that night I 1 dont sleep aery bound and if any one vas to leave the room I 1 would be apt to know it I 1 beard mr stuwart advise him to tell all I 1 said james if you know anything about this tell it and it will be the easier for you he said pa do you want ma to tell something I 1 dont kaow I 1 said no would rather suffer death first I 1 received letters from him I 1 went to to aleain hen court would meet and 1 left a space to insert the time in I 1 showed alie letter to mr I 1 gave the letter to john rockhill mr aiken was called she did not think eliat her son could have bot out without their knowledge she further testified in relation to the arrangement of the house miss aicken testified that she mother brother on the evening before the fire I 1 was on horseback be went with me to a friends and wa returned home together he slept in the bedroom I 1 slept in the kitchen my brother could not have passed out of the house very well without my seeing him john rockhill testified that he had seen a letter from jas aidmon to his father I 1 read the letter X believe I 1 returned alie letter to mr aiken jas W aik was recalled he testified thattie letter from his son contained a question concerning when lie would be needed at court in provo A took the stand testified in relation to the contents of the letter the letter made inquiries as to when court would meet erick testified that he lived itlane shore about 8 in the morning I 1 went down to close my pasture cate and I 1 noticed eliat the house had disappeared mr johndon and his little iria were there mr Johnson said ther ras no suspicion of tho burning I 1 had no farther with johnson about the ica I 1 have been arfester arf ested on the charge of burning this heuse ray door was barred in them oming with s splinter of wood welsley keilson testified that he lived at lake shore X remember hearing of the burning of the building at lake shore I 1 was not there on the night of the burning I 1 was not around there at all I 1 remember stewart coming to me and offering me a span of horena if I 1 would testify to what I 1 knew I 1 told him I 1 knew nothing he offered brash and myself 50 if we would give testimony that would convict enk or the old man aiken mr was called by the prosecution he testified that he was one of the bondsmen of the defendant the bonds were forfeited and I 1 was author iced by the grand enry to go for him I 1 went to texa after him I 1 dont recollect anything in the letter about his coming back I 1 found him on a cattle ranch near pan handle city when T went on his bonds I 1 received property as security I 1 was gone fourteen or fifteen days mr king opened the argument arg for the prosecution court adjourned until tomorrow to morrow morning at court met this morning at pursuant to adjournment mr johnann asked H king might be associated with mr and himself in the defenza in the mcfarlane case granted the two cases of mt pleasant vs J B hunter were dismissed on the mo tion of mr johnson the case of aaonzo van VB K F ban and wife was alao dig missed on motion of mr johnson on motion of mr the cases of pleasant grove vs john whittaker and and of pleasant grove vs edith taker were dismissed at cost of plaintiff some delay was occasioned in taking up the aiki n ease on account of the absence of judge powers he arrived however just as the case wag about to be proceeded without hiim the judge deato deliver an eloquent and very humorous lecture to the jury it was hugely enjoyed by the judge jury lawyers officials and spectators mr evans closed the case with a logical argument for the prosecution the judge charged the jury and they retired court adjourned until |