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Show 1 fflffl" peIee. Tiia Verdict in lha Palmer Murder Case. The Dyrn.z Statement of the f.Turdeted Llan, as ToJd by His Father. rv$c?herson Gives His Version of the Shooting and the Causes Leading To It. , j Tin cae of the 1'eop'e vs. Donald ; Mcpherson w;',s rontimisM mi Wednes day inorniii before Ju-lge Uluckb n n. Mr. Sutlierlitiul. attorney for defendant, de-fendant, ashed Vli.it the witnesses lie ki- t st parate during the tii.d. which was granted. Fourteen witnesses for Hie prosecution were ll. en sworn and given over in charge pf a baililL ' Dr. Nell was the first witness. lie test tied: My name is Henry Neil; 1 am a surgeon; have been practising thirteen eais; have a good knowledge ;' ol mm shot wounds; knew Luther 0. . .' I'aiujer; as called to the house of Mr. Jones, at It ehlield, to see 1'a'uier. on biarcn Jo. JS'-'i; tie was sullernig lrotii I a gnu sl ot w ouiitl; he was in cliarge of I " a p. y-ocan, ami I asked peimission t ex .unne t e w-un ; found that the ...1,1 i-i in i he ep'ira-itnc region, or i r imi nid rtlie breast I tone; the io, t. io my u.iiid. had passed clean t ( i",g i lii.- body; the wound in the bach w. is nt discovered until Monday, Man h Io; t!i- b illet had injured the ivr and t"he upper portion of the oouch; I eoiisideied the wound fata!; Ea rner da-d mi Minday. Match 22, at i.ci.ueid. seven days after he was so,. lo Mr. Sutherland: I went to see i'a.uit r mi Sunday, March 15, at OtoO ii-w . p. in.; examined Uie wound below the. tnvast loue: made a superficial ex a.ii'iiatioo; probed for tlie ball with a silver prone, but could not find the buiiet: 1 found the course of the bullet, and then asked lor an examination at toe back; twenty-eitiht hours elapsed I before the wound under the shoulder blade was found; Palmer objected to being turned over on the Sunday : ii ignt, so that I could not examine his ru bach: the probe I used was a silver I one, live inches long; the wr-unt" in the I back was at the lower ai gle of the i , right shoulder blade; 1 found a cut on 1 his forehead; did not see any wound on his right side: the point of exit ol a i bullet is always the largest; 1 could not 1 tell whrjii way the bullet had entered, ' as I made only a partial examination ' ai lirst; after a thorough examination k I found that the buiiet had entered at I j the back and passed out at tha front of the body. t , White's" Physiological Manikin was I hue pioduced an Dr. Neil showed I i; the cour.-e cd' the b-.i. et and explained I it to the jury. I"! The buiiet had entered between the I fifth and sixth libs, continued tlie J witness, probably touching the liver, and passed through the upper trasgress V cioii, m.iking its exit through the ti igastric leg, on, ab uit one inch le- v .' l;,w tae breast b ni"; the prone could 1 not touch anv vital point; Palmer was I about 5 feet S muhes and weighed I about 1-1.0 or ICO j onmb; he seemed to 1 - be in good heaitli: my opinion w as that I the wouid w as f:.tal. I l'o Mr. Ziut: J neard two da;. s after I the shiiotiug lh;;t a bultoii had been I shot off the vest; i made an iucisjn I between the iifiii and sixth libs and found that suppuration had, began. I and 1 drew oil about tdghl o lucis of : PUS. Eleatior Isabel w.is the next witness. wit-ness. She testified: 1 live in Kich-field; Kich-field; am acquainted with Mr. Jones and his wi'.e; they are my uncle and aunt; 1 was at their house on Sunday, Mai eh 15; w ent out. w ith Mrs. Jones; saw Luther 0. Palmer there: lie tame : I in through the back door; si. v celeiid- i I ant at Jones' house that daj ; i came 1 I in and got a drink of water; I bean two shois lired; 1 w as standing at the east w indow' of the house looking out towards the woodpile; MePhrseii ! tired the shots; he was on the east side of the woodpile; the shots w ere lhed at Palmer; be was to tlie .south of Mc-Pnersou; Mc-Pnersou; when the fiistshot wvs fin d, Palmer was standing with irs right side towards McPnerson; there was no loud talking; the two shots were lired in quick success. on; when the first shot !was lired Palmer fell; he got to his 1'eeL und slartetl towards the house; when tlie sho.s wi le fin d I ran out ol the nmtii door dow n the street; wiim next 1 saw McPi.eiou Mrs. Jones had hold of him; 1 tame back to the house iu a iew muiLtes and saw Pa;iner laying lay-ing 0'i the 11 or. J lo Mr. Hulhtrtui.d: 1 first saw Pal- J mer that da when he came to the house: McPheron was chop; ;ng wood; jj lamer led when the li. si shoe, was !tirei; both snots Were lired so close togetiu r that L could not tell which shot strucK him: I was talking to I Palmer just before he went out to Mo- I Phersou. j E P. Bean: I liv at Richfield; am j a merchant there; I am acquainted I with Donald McPherson; saw him J there on .Marc. 15; he.od the sh'Us I fired; was standing in front of my 1 store: the shots seemed to he in Jones I lot; tiie first thing I saw after I heard I the shots was a lii.jn running around J the house: 1 found out afterward? that I that inau was Lu;her C. !:a! cer;I I sa.v i i ii take four steps, u:iu sy: I "For iro.l s s.tke d n"t murder me, j don't snoot any m ire;' he either fell j or went in behind th.i shed; McPherson followed an 1 went out of sight; Mrs. Jones then appeared and calied out: "For God's sake stop this racke ;"' McPhersou then appeared and Mrs. Jones took hold of hirn and started to talk to him; some one then said: '-(Jet ahorse;" 1 then saw Mr. Junes throwing throw-ing his arms aroued and acting like soaie crazy mm; I Pherson then started for the corr.o,.uid 1 lost sight f him; next saw him going oyer the fence; he walked down the lot and went southwest; lie walked back a short ways and then cam on to the street on the west side of the lot; he I then started south on tue side wa.k: ( Win. Haw ley started horseback j and overtook McFiiers.ni. who j j slopped, and IIawi..-y caa.e bad:; the j I marshal then aj'peared and ,vei. t into f Jones1 bouse and caiue out; he toed i started south art met M-d'Iison, I who said, ' Ilfra is my gun, Mi. Uean, i i i i take me and lock me uj); I've done it. but I had to do it;" the marshal Fearched him but found no other west pon. l'o Mr. Sutherland: I did not know sit the time who said, "For God's sake don't murder me:"' to the best of my judgment it was Palmer. j Eleanor Isabel wsis recalled and testified that the woodpile was over three rods from the window; unless thev had been talking loud I could not have heard them. Andrew Gilbert: I am coroner cf Sevier county; presided at the inquest oyej- the dead body of Luther C. Pal-' mer; there wsis no vet on him when the inquert was held; I got the vest and the revolver from the justice of the peace at Richfield. William Bean: I am city marshal of Richfield. Sevier county; was in Richfield Rich-field March 15: heard two shots fired about six o'clock p. m.; sifter hearing the shots I started in the direction of the sounds; went into Jones' house sind saw Palmer living oi the floor; went out down the str'.et south, and met McPherson; he said, "Here is my lu'i. take me and lock me up' (the revolver was here produced and identified); the revolver had two loads in wdien I cot it; I searched him and then locked him up: lie told ine it was lones' gun and asked me to give ii back to him, when I got through with it; I have had spveral conversations with him; he asked me once where he hit rainier; 1 told mm that would come out in t iine; he asked me to teil him, and I said I thought it was on the right side of the back; he then showed me how lie and Palmer were standing, and said that Palmer put his hand on his hi) pocket; he told me at another time that had he known Palmer was such a coward, he would have tsiken his fist to him; he asked me on the road to the 'jail what the prospects were for a lynching bee; he tod me in another conversation thai there wsis a party at Manti who would see him through if he got in trouble; he also told me about Palmer arresting arrest-ing him. 7b Mr. Sutherland: I never saw McPherson Mc-Pherson before that day; he told me of iis arrest at Manti, i and that the sheriff had turned him lose, and that Palmer had made an exhibition ol him in the theatre at Manti by putt ing handcuffs on him; I saw him and Palmer Pal-mer together the day before the shooting, but did not hear any conversation; con-versation; he told me that Palmer was dodging him around. I Luther M. Palmer: I live at Richfield; Rich-field; Luther G. Palmer was my son; he came to my house on Saturday. March 14. from Fayette; itw asatrny invitation, to rent a house; he stayed at my house that night, said the next day about ten o'clock went to see the parties about the house: he returned to my house about one o'clock; stayed until four o'clock; he then went away; he w as dressed in a light coat and vest, and corderoy pants; next saw him at Jones" house; he w as half sitting and half laying; Dr. Herbert was attending attend-ing to him;' he died on Sundav, March 22; he made a statement before be died: it was on Wednesday; he said: "Father, I am ding by inches; but I will live se, en days; I didn't want to male any statement to tlie justice of peace, but there is a conspiracy against me. and 1 am afraid of being put out of this house; Raleigh Jones caaietothe door and called me out, and said Jim wanted to see me; he toalmetobe good to him; I replied that 1 couldn't be good lo a mail robber; I went out and said, 'Jim. I understand under-stand you want to s"e rne" ho saaf. 'No, not par", icuhirly,' and tl.cn '.i . e 1 turned lo go away Mc-Pheiso:; Mc-Pheiso:; t:...i, 'Look here, L'.ltll.,what d-d .. .,uMih thai, p;e:e in the pa:er a'.-.- o me for? ' I t old him I diii not ! bosh a p'e-.v about him; he aKAverci. " V ni. Pn-Hii sa;.s you told him s ;' i ans.v,red. -l don't think M.Tshal i'.eau would tell n.e that;' I tu ned t xn.i away and he said. Look l.e.e Lutii.;' I turned and I sa'.v the I i-to;; I threw up my hands and said. -For God's sake don't shoot in-:' he ti.eii lii id and hit me; he follow fol-low ed me Up a nd struck me over the head wi'ii iiie revolver, saying, 'Fil fix von. G- d you.' " To Mr. Sut!t i-lrttul: Dr. Neil was the physician who attended him; snw him on the Thiirr-day night; Jones forbid m -entering the house; I understood that he mu'.e a written statement, but I h ive not go', .t; I don't know where, it is; my son was a stout built man; there were two "scars on his hesid where he w is struck with the revojver. Robert Bruce Morrison: I live in Richiiehl aooii; was in Richfield March 15; heard two shots fired; they were lired b-- tween Jones' house and li.irclay's c rial; was standing in Barclay's lot about five or six" rods from where l lie shots were fired; saw McPherson lire the shots; I moved as close as I could; saw Mrs. Jones run up and take hold of McPherson and say, "For God's sal e don't shoot;" 1 also saw Mr. Joins there; McPherson started tow irds the corral; he went south through the lot and then west on to Main street; saw Palmer afterwards, after-wards, there was blood on his head and also on his shirt. Raleigh Jones: I live at Richfield; am a saloon keeper; was there on March 15; I know defendant, saw him in Richfield on March 15; he came there on Thursday, March 12; knew Luther C. Palmer; lie was sit my place on Sunday; I heard the shots fired; McPherson done the shooting; McPherson Mc-Pherson had an axe chopping wood; he threw the axe down and pulled his gun and fired; I was excited and wsis also drunk; heard some words spoken, but don't know what they were: Palmer Pal-mer was the man that was talking; Palmer fell when he was hit, then got up and went to the house; I went to the house also; I think from their gestures that they w'ere quarelmg. (The revolver was shown, but the witness wit-ness denied that he knew anything about it.) McPherson said something to me about a piece in the paper and accused Palmer of writing it. 7b Mr. Sutherland: Palmer was making mak-ing gest urts first with the rigid hand, then changed hands ami made the gestures with the left hand, throwing his right hand down by his ?idr?; he held the axe above his head as iiv w as in the act of cutting wood; alter the shooting I next saw Palmer on tlie I bed; iid not see McPherson strike Pal-i Pal-i mer on the head wi: h his revolver I j Luther M. Palmer was rec ii'e I si n I ' i testitied that his sou h it his revolver . at hone that Sunday, and tht no iv-j o'ver was found on him when IpAv.s i.ndresstd. j Simuel F. Mount: I urn deputy U. IIIOTIIIMMIIMIIIII .1111,1.11 Wlllll IMl.ipil , i,,gMWI .If. S. Marshal; am slightly acquainted with defendant; he came to my place and in a conversation told me that if he killed Palmer, there was a party in Manti who would see him through; but," he added, "I dont know that I want to kill Palmer." Mary I. Jones: 1 live at Richfield: knew Luther C. Palmer; last saw him on March 22; was at home on Sunday wl en the shooting took place; Palmer was there: 1 heard shots fired on the east side of the house; I was standing inside the doer; could see through the south window; when the shots were lired I went through the front door, and turned and saw Palmer down; I ran between them and then grabbed hold of McPherson and said, "For God's sake don't shoot;" Palmer went m the house: I did not hear anyone say anything about a horse; McPherson McPher-son followed Palmer (the revolver was shown to the witness who identified it as one she owi ed); 1 loaned that revolver re-volver to McPherson on Thursday; lie did not say what he wanted with it. Tj Mr. Sutherland: I did not see the. slio.il iiig; when 1 saw Palmer he was crawling on his hands and knees: McPherson Mc-Pherson was following him; McPherson McPher-son was t hopping wood at the time of the shooting Vo Mr Z'hii; There wsis a scar on Palmer's head; 1 thought he wsis shot in tlie head; did not heui any quarreling quarrel-ing between Palmer and McPherson; there was t nly a small scar on the toihesid. ( I oe coat, and vest of Palmer, Pal-mer, and the revolver with which the i-illing was done, were introduced and admitted in evidt nee.) Win. Ilawley: I was in R'chfuld on March . and heard the shots: I rode after McPherson and said. "Hello! "Hel-lo! partner, what is the matter?'' he answered, "Take me and lock me up;" I told him I couldn't, and he answered "I am not afraid of any set of men. nor any law;" I told him I guess there wasn't any one seared of him; then Mr. Bean came and got him. The prosecution here rested and court adjourned until ten o'clock Thursday morning. When court resumed session Thurso's Thurs-o's morning Luther M. Palmer was i; ;.'d by the defense for further ti...sa examination. He testified that Ins son was a quiet talker, and was not loud or boisterous in conversation. Dr. Neil was recalled for the same purpose. He stated there was a slight scratch on the head, but would not call it a bruise; the revolver was produced and the witness war sissed if the wound looked as if it 1 ;d been caused by that weapon; ' .'iiswered that he did not think it hi . it looked as though it had been caused by falling fall-ing or. some rough substance. The attorney for the defense, Mr. A. G. Sutherland, made a brief statement state-ment to the jury, before introducing the evidence for the defence, and then called Donald McPlrerson, the defendant, defend-ant, wiio took the witness stand, and testified sis follows: I made the ac quaintance of Luther (J. Palmer in February at Fayette; I had some dif riculty with Palmer in February about the lSMi oi mat month.- "'What was the difficulty you had at this time?'' enquired Mr. Sutherland. Objected to by Mr. Zane, on the ground of it being ituruiiterial. The objection was sustained. Continuing, the witness said: The first time I saw Palmer in March wsis on the Mth; on the morning of March loth. Pa 'mer came into Jones" house where, P was and started to quarrel wjih me, saying he was not afraid ol the biggest man that ever walked, and that 1 had better never cross his Hack; had a ieviverin his pocket at the lime; I saw him again in the after noon about half past, four o'clock, near Jones' house; 1 saw him siga u ntVr six o'e'ock; I was at tlie woodpile; he es-me out of the house towards me; he lir.st said, "I believe you are going to have me arrested Jim." He. then ialketl about an article that had been ,)iiiili-hed in the Salt Lake Times of February 2.M about my father and rny folks: he said to me, "G d d you, and the papers, and G d d you. if you want an thing out of me I'm fixed for ou:" "he made gestuies with his left ham! und placed ids right hand on his hit pocket, taking rive or six steps backwards; I thought he was going to shoot, so I dropped the axe. pulled my gun sind fired; he ran lo the house and I followed him; I then w ent out on the street, and met the marshal; I toid him to take me and lock me up. and I gave him my pistol; previous to the shooting he stuck a gun in my face and threatened to kill me if I wrote to the Grannon Detective Bureau; a man at Fayette told me to steer clear of Palmer if 1 didn't Palmer wonld fix me; another time he offered me a horse to get out of the country and told me te would make me go. To Mr. Zane; It was about ten o'clock ou the morning of the shooting that 1 saw the revolver of Palmer; 1 s iw it w hen he was fitting down; he did not have a cartridge belt on at the time of the shooting; I did not tell Mount that there was a man in Manti who would see me through if I shot Palmer; 1 never told the mail carrier sit Manti that if -Palmer and Jones wouldu't pay me for the time I was in jail I would fix Psiliner; 1 did not tell a man by the name of Neilson that I was going to kill Palmer; 1 had every reason to believe that Palmer was armed at the time of the shooting; I hit bun the first shot, and when I saw him fall 1 directed my second shot to the east of Palmer; 1 d-d not follow Palmer to tlie house; I alked towards the house, but I wns ' - a following fol-lowing Psilnur; I did n ive any malice in my heart agaii Palmer. Several questions were, asked tlie witness wit-ness in regard the story he t.dd to This Dispatch reporter in tlie jail, lie staled th it what was published iu The Dispatch was just as he b;id told the reporter. To Mr. Sutherland: I told Mr. Beau in my conversation with him that Palmer Pal-mer was dogging me around. The wit; m ss denied he ever told any one that h was go ng to kdl Palmer. Dr. Neil was recalled by the defense. He stated: I thought that Palmer was reci iving good treatment; the wound was sufficient to cause death; I visited him eveiy wo hours during the time of his liintss; the constant attendance of visitors kept him f 101,1 getting any 1-rSl. Ra'n -igh -ion s w.is n a'.ied: On ti-e in 'Vii.Oi; : ;: slio t .1 pahner and MeP:i( i -ev ill my hoi-.; io-y j ha-: .u:e' words about a peer . hat j ha- ,; ! ubi s..e.: in a paper; Pa'- ; iu .i. a .ha; -epjbii.hed tiio re-1 poi-., w !;! McPherson asked .im I about it; McPherson told him lie wanted no more of it and Palmer said that he wasn't afraid of the biggest man on earth; Palmer had a gun with him; McPherson said he did not want any man to be afraid of him; Palmer also told McPherson that if it was true he had sworn out a complaint against him (Palmer) McPherson hsid better not cross his trstck. Dr. Shores testified: I am a physician physi-cian in active practice in Provo; have some knowledge of gun shot wounds; a bullet entering the body of a man at tlie lower angle of the shoulder bhide, passing out about one inch below the breast bone, is not necessarily fatal; but if the upper transgress colon was cut and the liver perforated it would be fatal. Mrs. Jones was recalled, and stated that she was present when Palmer and McPherson were talking, but she only heard a few words of the conversation. conver-sation. The written statement of Dr. Neil was admitted as evidence, to show that he had made a differen statement state-ment on the witness stand thta what he had made before the Justice of the Peace, the defense trying to prove that the wound was not the cause of death, but that the treatment he had received had something to do with it. This concluded the evidence for the defense and Court took a recess until two o'clock at whieh time arguments were commenced, the court charging me jury soon aiier. Yesterdsiy morning tthen the coir.t opened, the jury, we're all in their places, depicting on their countenances the fact that 1 hey had been wrestling with the problem all night. It was a foregone conclusion that they could not aree, and when the Judge disked them if they had agreed upon a verdict Mr. Moses, the fou.mau of the jury, said: 'If it please tlie Court, we have not t een sible to agree upon a verdict yet, and there are several mutters "we would like the Court to instruct us on before we can come to any conclusion. We want to have the different degrees of murder read to us again and have tnem explained." After a long silence the Court asked: "What is the trouble reg.-rding the jury?" Tf it please the Court," said Mr. Moses, l-we would not care to state, but we would like to have a portion of the evidence read again." "Oil, well, we could not do that.V ' Foreman Moses was about to enter further into details of the reasons they could not agree, but Attorney Sutherland Suther-land for the defense objected until the court reporter was present. So a bailiff was dispatched for Mr. Pike. After a lapse of a few minutes Court Stenographer Pike appeared, and the Court read the several diiinitions of murder. He wsis' interrupted' towards the close by Mr. Moses asking: ''Can we take into consideration the fact if the defendant thouqht his life was in danger, or must he have known that his life was' endangered to take the step he did,?" f 'The Court "To Justify the cMend-ant cMend-ant in the Klilinu; i.fV.wbi..wi;.,,AWV . that his life was endangered." Juror Pitt '-Will Your Honor please tell us what the lesser and greater terms of punishment are in the degrees you have read and explained." ex-plained." The Court '-That is nothing to do with vou: that is a matter for the Court." At 11:25 the jury came into court and took their seats. After calling the roll, the clerk asked: Trentlemen of the jury, have ycu agreed upon ;i verdict?" Foreman Moses "We Inve." "Declare it." "Murder in the second degree." Attorney Sutherland then asked that the jury he polled. This was done and the jury dismissed. Time of sentence wsis. set for Monday morning, at 10 o'clock. |