Show of in the second degree THAT SOK CASE the gold brick game the examination before judge blackburn THURSDAY MORNING the mcpherson murder trial was re earned at 10 in the first district court dr palmer was recalled for further cross examination he stated that ins son was not in the habit of speaking in a loud or boist rious manner ily he sooke in a quiet tone of joics dr mill was recalled for further ex animation he testified there was a slight scratch in the center of the dead mans forehead he did not think it could have been done by a blow from a revolver but might have been done by a fall on the ground mr sutherland made a brief state mant for the defense the defense expected to prove that mcpherson had been dogged and threatened by palmer and had finally done the shooting through fear that palmer would shoot him they also expected to prove that that the wound was not necessarily fatal but that death had been caused by the probing and t in nursing donald mcpherson am the celend ant in this action first met luther C last february had trouble with palmer previous to the shooting ho arrested me in february about the or at manti had trouble with palmer on march alth the day previous to the shooting at manti Furt lic examination in relation to the airest and ane difficulty on the of march was objected to by mr zane as immaterial objection sustained and exception taken had a conversation with palmer on the morning of sunday march he came into the house and began talking angrily right away he said he was not afraid of the biggest man that ever walked and I 1 had better not cross his track he had a revolver with him the next time I 1 saw palmer was near jones house at about 4 30 this was previous to the shooting after this I 1 went to the house and out to the woodpile he came out of the giouse to where I 1 was und eaid jim I 1 believe you are going to havo me arrested he then referred to an article which appeared in the salt lake ames en february in relation to myself and my father and said G d you and the paper dont vou eay anything more to me abent it and G d you and your father if you auant anything out of me you can have it I 1 am fixed lor you G d you and dont you forget it while he was saying this he first shook his right hand at me and then his left hand while shaking his left hand he dropped his right hand on his hip bocket I 1 thought he waa boing to draw a revolver and so J dropped the ax and fired he ran towards the house and I 1 followed I 1 did not run I 1 walked I 1 saw he mean business and I 1 want anything more to do with him I 1 then went and jumped over the fence and when marshal bean came almonr leave myself up palmer threatened to kill me several times he once held a pistol in my face and said if 1 wrote to the grandon detective bureau in montana he would kill me another time he offered me a horse and saddle it I 1 would the country I 1 refused and he said G d you all make yon A man ac fayette told me that palmer had threatened to kill me to mr zane when mr palmer was at jones house in the morning he hid a revolver he did not have on a cartridge belt sometimes he wore a belt ana sometimes he he have on a belt at the wood pile dont remember saying anything to mount about a man in manti who wanted me to kill palmer dont remember of ever telling any man that I 1 was going to kill palmer palmer was facing me when I 1 pulled my gun dont know where I 1 shot him supposed he was armed be raue he was armed in the morning did jones to tell palmer I 1 wanted to see him I 1 suppose the first shot jones I 1 turned the second shot away from him because I 1 saw he did not mean fleat mrs jones came to me when I 1 was on the way to the house I 1 said I 1 would respect a lady and turned around did not have malice in my heart toward jones that is I 1 did not have the kindliest kind liest of feelings towards him but I 1 did not have malice towards him mr zane poured the questions into the defendant in a lively and spirited manner but mcpherson kept perfectly cool and seemed to be but very little concerned about the case towards the last his brows contracted as if he felt 0 little annoyed at mr zanes presumption be direction direct In speaking to mr bean about palmer I 1 said that palmer was dogging me around and that I 1 had a very bad temper he advised me tore sent any insult but to be careful and not do anything that I 1 might afterwards be sorry for dr keill do not know of my personal knowledge that palmer did not re ceide sufficient nursing there were a great many visitors too many and I 1 objected to their presence I 1 visited him every two hours until be died to the court the probabilities are that the wound he received would cause death caleigh jones on the morning of the sunday of the shoot b McP hereon and palmer were at my house palmer was ia the house when McP hereon and I 1 came in irom the street exchanged some words in relation to a piece published in a paper raon aelred him why he had published the piece palmer denied having done so palmer said ho afraid of any man mcpherson said he want palmer to be afraid of him all he wanted was for him palmer lo 10 let him alone he want him to bother him any more and palmer said he would abst him again palmer had on a belt and a revolver dr shores am a ghisi cian and surgeon have had practice in gunshot wounds to a certain extent if a bullet entered the back below the lower angle of the shoulder blade and came out an inch below the breast bone it would not be necessarily fatal to mr zane if the lansverk lan svera colon were cut in two and the liver perforated the wound would be almost necessarily fatal to mr sutherland in euch a wonna as has been described ifould not probe at ell if much circulative aronn 1 was done the probing might prove fatal mrs jones corroborated the testimony of her husband in relation to conversation on the mornice of march mr sutherland to introduce some evidence in relation to the size of the proc used by dr neui but the prosecution objected and the objection was sustained the defense rested A rc ceab was talan until S rs the donald mcpherson murder case was argued and submitted to the jury in the caso ot the united states vs johnc graham unlawful cohabits coh abita tion no counter affidavit having been filed by the defendant a continuance was ordered for the term in the cae of geoge C whitmore vs william leonard et al mr hamilton attorney for the defense argued a motion to release from attachment a certain sum of bonev the property af the defendant leonard the defense alleges that when the defendant leon ord was arrested on a charge of obtaining moaby under false pretenses was found on bis person aid was taken charge ol 01 by sheriff fowler A portion of this bonev had been attached by tha sheriff on the suie of whitmore without the consent of the defendant leonard on the ground that the defendants had obtained money from said plaintiff under false pretenses the plaintiff had not shown the money attached to be any part or parcel oc any monies stolen or obtained by araud mr geo sutherland attorney for the plaintiff held that property belonging to a prisoner in the hands of an officer could legally be attached whether said property was the same that had been stolen or obtained by fraud or not both attorneys cited authorities in support of their respective positions his honor granted the motion and allowed the plaintiff five days in which to fila a bill of exceptions the jury in the case of the people ys donald mcpherson murder came into court and reported they had not et agreed upon a verdict mr moses the foreman asked that the law in relation to murder and the different degrees thereof be again read and commented on by the court also that a portion of the testimony be read from the reporters notes hia honor stated that alie law could be read and explained or any question in relation thereto but no portion of the evidence could bo read he asked a to the nature of the disagreement but the jury preferred not stating their differences A faw minutes delay was occasioned by the absence of the reporter the bairt then read and explained to the juror the statute in relation to murder in the first and second degrees and voluntary ana involuntary manslaughter juror pitt we should like your honor to hear the different degiers of punishment for the various offenses the court the punishment is none of your business the case of the people vs william leonard was brought before judge blackburn on a writ of habeas corpas mr hamilton attorney for the 1 defendant asked that the court hear the evidence of the case mr evans who appeared for the prosecution hald that the province of the court was to examine into the regularity or irregularity of alie proceedings before the examining magistrate mr evana produced authorities but his honor stated that he did not car to hear any arguments in the case he would hear the testimony mr hamilton I 1 desire to express my surprise that any attorney should so far allow mr whitmore to influence him as to ask for such a thing the court I 1 dont desire to hear any moro remarks of that kind Hamilton Mr very well your honor I 1 withdraw the remark herman knudsen I 1 live in prove have seen abo defendant before saw him about two weeks ago at about 5 in tle evening he was near lishers farm he was in a bubsy towards town along seventh street also baw him come down he went north from seventh street towards the river by knudsens Knud sens farm he was gone abacut half an haur saw him the morning after it was about 10 saw turner and whitmore in a budgy driving toward town the defendant came in a buggy four or five minutes later he might have had time to change his costume the undergrowth alone the biyer at the place the man went to is all willows and of very thick g howth andrew knodsen corroborated the testimony of hia brother in relation to seeing th e defendant on alie evening mr taggart am agent at alie alio llio grande western depot have seen ahe before saw him when tha fai n pacific passenger train came in stefo the south on the monday morning in company with a dark man chev came in with the uain saw the dark whiskered man salute some one over towards the depot saw the dependant delen dant who was standing at the Z C MI corner return abe salute with a wave of his hand he then turned around and went up the street where a man was holding a horse and buggy saw the defendant the next day he was walking leisurely lei surly around the depot saw his eo off on the in the afternoon to salt lake one of the madsen boys repeated his testimony in relation to seeing the defendant near provo river with a horse and buggy he had asked n i elation to the fishing geo C Whit mort again related the albry of the swindle from beginning to end he recognized the defendant as the man who had played the part of the mexican he was closely cross examined but did not waver in the slightest as to the defendant being the party who had played the part 0 the mexican he had asked officer hill nd deputy marshal parsons to arrest mm he the defendant at about 2 on wednesday morning he had never threatened to kill the defendant he admitted having placed a little buckskin etring around th defendants thumbs and had twisted it by means of an iron bolt he badent hurt the man a portical par officer hill had asked him to desits and had eaid 1 I millget will get a out of him evans and george sutherland repeatedly objected to any testimony in relation to tha torturing process as not bearing on the guilt or innocence of the defendant but his honor overruled all objections newel knight testified that tho defendant had gorji hores and buggy from him on monday and also on tuesday several facts were conceded by the defense and the prosecution rested officer hill testified to the arrest of the defendant he had arrested him because he thought he was probably coh necked with the brick swindle whitmore had not asked him to arrest the defendant the torturing at the salt lake jail was touched upon and his honor took advantage of the occasion and stated that it was a barbarous piece of busi ness ard were it in his power he send Whitmore to jail for six months for contempt of court mr evans all this may he true but your honor should not allow this affair to create any prejudice in relation to thih case the court you to worry about that the court restrain its indignation that such an outrage should be perpetrated the defendant delivered bis testimony gimilaro to that given in the previous examination on cross examination mr evana questioned him in relation to hi previous career and especially to hie operations in ogden it is quite apparent that the defendant is a confident man no arguments were made his honor considered that sufficient evidence had been produced to warrant the holding of the defendant to await alip action of the erand enry the attorneys argued for pome tima in relation to hail and his honor finally fixed the bail at 1500 much to the the prosecution THE during thea examination th ejury in the murder case came into court and presented a verdict of murder in tha second decree mr the verdict V the jury were polled Tand the verdict 1 verified ft I 1 mr A G sutherland attorney for the defendant took two cays in araica to action iche matter |