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Show TESTIMONY IN JEFFRIES TRIAL Salt I,ake, Feb. 2S. Two of tho availablo witnesses to tho murder of Thonms Patten, alias "Tlmmy Church-Ill," Church-Ill," shot down by William "Spoody" Joffries, In tho Heidelberg saloon and eating liouso on tho night of Aug. 5, 1910, were examined and cross-examined in tho trial oC Joffrlca on the charge of murder in tho first degree, b6fore Judge Iewls in the criminal division of the Third district court this morning Consuming less time than has been necessary to secure a Jury in a recent trlul, the 12 niembors of the Jury Impaneled Im-paneled to hear the evidence In this caso wcro accepted yesterday, as follows. fol-lows. Ileber W. Hartley, Samuel E Atwood. Frank J. Alexandor, Henry E. Rawllngs, Thomas Medlll. O. E Sparks J H. Parry, C. H. Carlson, John Campbell. D. R PorklnB, J. S. Davis and Frederick M. MIchelsow Tho caso was opened this morning morn-ing with tho statement of the ciso to the Jury by E O. Leatherwood, fol the prosecution, the defense waiving its statement. William E Murphy, tho first witness wit-ness called, was at the time of the murder attending bar In tho Heidelberg Heidel-berg saloon, Murphy's testimony thin morning was almost wholly as to the circumstances which occurred before and after the shooting, neither he nor tho waiter, Harry C Gllmore, having seen the shot fired Neither did he, according to his tostlmouy, ueo tho party who llrd tho shot Murphy had talked to each of the principals to tho affair between midnight mid-night and the time P.itten was killed kill-ed each of them having been In the saloon He testlfto 1 thnt at Jeffries' first vlslP to the place, he had beon notified that he was wanted up stairs, in tho Heidelberg's private dining rooms Gilmore Second Witness. Harry C. Gllmore, who was waiting on the table at which Patten and four other men wore seated drinking, was tho second witness called. He had gono back to the bar, he testified, to make change for the parties and had been gono from the table but about ton seconds when tho shot was fired. He rushed to the sccno of the shooting, tho entire time since he had left the table not having been to exceed 30 seconds, when he saw Patten lying on the floor to all appearances ap-pearances lifeless, with a bullet wound In his loft cheok. nnd the party who did the shooting was gono. Gllmore also testified that tho four men who were seated at tho table with Patten made haste to make their escape from the resort. Karl H. Mayer, proprietor of the Heidelberg, who was In the basement base-ment of the saloon at the time of tho shooting, will be called by the prosecution this afternoon. None of these witnesses having witnessed the shooting, however, their testimony la purely promillnary nnd through It the prosecution Is endeavoring to establish es-tablish the fact that no quarrel took place between the principals which led up to the shooting. Line of Defense. Tho defense will use the statement of Murphy, made on the stand this morning, to tho effect that while he stood at the bar talking to Joffries a' call came from up stairs for Jeffries, Jef-fries, to substantiate other ovldence It will present showing that Patten was the one who called for the do-fondant do-fondant and that upon going out by tho fiont door of tho place In response to the call. Jeffries was attacked by Patten and severely beaten and kicked. kick-ed. It is also the purpose of tho defense de-fense to prove that for two weeks prior to the shooting, Patten had made repeated throats to "cut Jeffries Jef-fries up as he had done others." Dead Man'c Record. Tho defense hns gone over the record rec-ord of Patten for years before his death, and, according to Chief of Police Po-lice John J. O'Connor of St. Paul, Minn., he had a record of -13 arrests and convictions for robbery, pickpockets pickpock-ets and assault. The communication also states that he was at the time ot his death, wanted In Toronto, New-Orleans, New-Orleans, Portland, Or., San Francisco Francis-co SL Paul Milwaukee Dallas St. Louis and New York. In those places he had operated upder the samo ot Tim Churchill Harry Churchill, Andy Bowon, Harry Harris, H J. Mack, Tom Williams, George Abbott George Adams Tim McGraw and "Little Tim " One of the exhibits of the morning, marked for identification, was a rogues' gallery "mug" of Patten from SL Paul, whore he broko Jail while under arrest for a $10,000 pickpocket, which ho is charged with having committed com-mitted while entering St Paul on tho train. Attorney S. A. King declares he will have at lenst threo of the men who sat at the table in tho Heidol-berg Heidol-berg on tho night of the tragedy, on the witness stand for tho defense, and that these witnesses will testify as to the assault which Is alleged to have beon committed In front of the Baloon about half nn hour before tho shooting. shoot-ing. Jeffries made his escape from Salt Lako afjer the shooting and wns apprehended ap-prehended several months afterward In Seattle, from which place ho was returned after ,a contest for requisition requisi-tion by Deputy Sheriff Andy King. Trial to Be Brief. Tho trial or the case promises to be brief, owing to the fact that the witnesses to be examined are few. According to tho attorneys, all testimony testi-mony will hnve been presented beforo the adjournment of court Wednesday evening, oo- |