Show HELD mr MURDER spencer and their examination AND ARS ADMITTED TO BAIL IN AND BONDS admits to warden pratt that lie furnished the pistol there were but few people in attend auw i yesterday at the hour set for the of howard 0 spencer and george who were charged with the killing of sergeant pike in 1859 among those present however were a number 0 ladies the greater part of whom were relations and friends of spencer most of the witnesses called answered to their names at the call of bailiff sprague steve tayler henry heath H J faust mr ether and truman however failed to answer to their names and mr peters asked that an attachment be issued for them as he did not care to go to trial without their presence however came in before the process was made out so his name was omitted from the list of delinquents W S pickard i was also sent for the bailiff having instructions to bring him in immediate dia tely the bailiff returned without mr pickard however but with the information that the gentlemen was not in the city an attachment was also issued for him later mr peters said that be had discovered that faust was also out of town and he did not care to wait for them the counsel for the defence had been reinforced by arthur brown and J L and mr dark prosecuted the witnesses for the prosecution being sworn james gordon waa the first I 1 one called live in big cottonwood where I 1 have resided since 1852 know howard 0 spencer some little have known him since he was a young boy know george also did not know sergeant pike I 1 first saw him when he was in charge of the officers on his way to trial in this city tho party staved at my house while on their way to bialt lake thia was in the year 1858 or 1859 somewhere about that saw pike after that in the salt lake house where barrants Bar store is now located pike was lying on a bed on his back he was alive at that time but the doctor said he could not live I 1 saw pike the next day when he was dead made no examination of his wound on either of the visits to mr brown colonel crofton was one of the men pike in custody chev were on their way from camp floyd to salt lake I 1 do not know what charge they had against him when I 1 saw pike abc the salt lake house there j j was a shroud over his face I 1 do not think I 1 ever spoke to pike he was a middling sized man of dark complexion I 1 think he had a slight mustache but do not remember whether he had any whiskers or not stephen taylor live on mill creek in and lived in salt lake city know where the salt lake house was located at that time know spencer the defendant also george have been acquainted with both since 1848 remember the death of sergeant pike saw spencer and a day or so before the shooting took place saw no difficulty between spencer and or pike saw spencer soon before the shooting took place think I 1 heard the shot it was fired near the hotel I 1 was opposite to it was walking north on the west side cf the same street we passed talked to me he said pike was in town and there was liable to be trouble between and him as near aa I 1 can remember bis j substance were they are bound to meet I 1 replied 1 I guess not he said see and passed on he pointed out some soldiers on the east side of the street coming south did not see spencer before the shooting but saw a man afterwards that I 1 suppose was him that was about five minutes after I 1 bad met the man was running from the east side of the street to the west and had a pistol in his hand he was about a hundred yards from we just before I 1 saw him I 1 beard several men wore in pursuit of spencer some soldiers a deputy marshal by the name of bigler and others as the shut wag fired I 1 heard someone say stop him I 1 supposed they referred to the man who was on the run did not see after the shot was fired we went after spencer but did not overtake about four blocks west of main street when we cave up the pursuit at that time spencer was probably half a block ahead the day before the shooting I 1 went to spencer and had with him as near as I 1 can remember what i i said to mr spencer was that the parties who biad injured him had come to attend court and I 1 advised him not to hao anything to do with them to let the court take the matter he said lie was afraid he would get no satisfaction from the courts I 1 told him that inasmuch as the parties were to appear bo fore the courts to let them alone ana see what they would do about it be farther fraid he believed that pike h ad brought in a number of friends who were to swear that the trouble in thoele tooele valley was the result of a general row I 1 with him and he anally said be would see about it the shooting occurred I 1 believe in the I 1 was a policeman at the time of the trouble there was no other effort made to arrest spencer all we did was to eursue him about four blocks and then ive up tho pursuit when biu hickman told us he was some distance m ad ance of us he lived here for eighteen or nineteen years after yI unde stood that all legal proceedings against him had been stopped to MR spencer did not make adv threats when letting the law take its cour was naturally a fiery man I 1 thinkie thin khe was laboring under considerable passion his pallor and general appearance saw henry heath that day but do not know where he was S when the phot was fired henra heath kner spencer and in remember the shooting of pike when the shot was fired I 1 was near jennings comer didlot see spencer that day saw com ingup the street a feir moments before the pistol went off nearly opposite the ake house I 1 believe saw some soldiers in the alley way in pursuit of the anan who waa said to have shot bibo saw some people carrying the body of a man into the salt lake house there was any amount of excitement and it looked to me as was going to be a general row I 1 see the person who was being pursued did at all sever nad any conversation with spencer or in respect to their trouble to MB I 1 think the united states court was then held in the old council house I 1 believe st glair was judge at this time I 1 think the court was in session that day william applyby said in 1868 69 I 1 aved in sa spencer and deoro nham knew thom both at that time nor heard tho scooting snoot ing howard spencer and alma williams came running past my house in tbt afternoon they crossed over the ditch ran by the fence and disappeared in some corn williams bat a few feet benlian spencer was three or four hours after thava heard of the shooting of pike to MB where I 1 athe tinie I 1 saw the two men run was is located west of the Cont mental I 1 know it watha bame leaa fired whon st clair first came here i he held court in the basement of the i social hall and later it was removed to the upstairs room of the building now i occupied by tufts hall recess till 2 p m on reassembling in the afternoon the prosecution recalled stephen taylor I 1 could not describe the revolver held by the man in his hand as he ran across the street I 1 should judge it was a navy or some buch other belt pistol I 1 was about yards away at the time there was but one shot fired george albright I 1 was in charge of the prisoners at the time they they were brought to this place for trial I 1 overheard a conversation between spencer and the latter said what are you going to do about that Howard I 1 did not hear his reply but said in a tone of astonishment what are you going to plead guilty to thia spencer said yes I 1 am going to plead guilty and get through with it to MR this conversation occurred on the ath the only persons present were spencer and the driver of alie wagon and myself before I 1 came here I 1 was living at columbus ohio I 1 came here to go to work as guard in the penitentiary I 1 heard spencer say one day that if the grand aury had done their duty vears ago he would have been out 0 f this he did not say to what charge he was going to plead guilty I 1 understood that spencer had also beba arrested for unlawful cohabitation but the morning this conversation occurred 1 was bringing them in to answer to the complaint charging them with killing sergeant pike I 1 supposed that when he referred to this case be meant the murder case arthur pratt am a deputy united states marshal and acting warden and spencer are both in my custody remember them being brought to the city in the charge of albright I 1 informed Spencer the day before he was brought down that he afa held on the charge of murdering sergeant pike his reply in substance was oh oh going to bring up that old charge are they well I 1 expected something of the kind in january last I 1 had a conversation with george about the killing of pike he said he did not like to talk about the matter but finally admitted that he furnished the pistol that pike was killed with that he told him pike was in town that he and spencer walked up the street together till they got near the salt lake house on their way they met anant and told him what they were going to do lie said that briant almost fainted they alien went on up the estreet and spencer shot pike while he was in corn pany with several soldiers and a lieutenant he eaid that bill hickman porter rockwell and others were present on that day and wanted them to clean out all the soldiers subsequently found spencer at brighams Brig hams tarm that he and spencer had gone out to church island and obtained a couple of fast horses that they went out to rush valley and endeavored to decoy pike out in order that he might be killed ho further said that he was glad spencer had killed pike and that he thought he biad served him just right to mr brown told me also that he and spencer had gone out to get some cattle for the church and in rush valley had met sergeant pike who ordered him off he refused to go until morning and turned around to feed somo cattle when pike stepped up to him and struck him over the head with a gin he then narrated some of the incidents attendant upon Spencer js subsequent illness he also told me that he had told the same story to district attorney van zile and told me that spencer was a friend of his and never to bring it up because if I 1 did he should denv that he ever said anything else about it A salt lake herald reporter was present at one time when I 1 talked with about the killing this was the day I 1 believe that the defendants were arranged I 1 did not notice anything peculiar about when he told me his story in january last ho was under the influence of liquor I 1 suppose he generally is to mr peters he was not drunk he was rational to mr brown yes is a man who is very fond of boasting as to what his exploits in the have been and telling huge stories in which he is the principal figure truman I 1 know george I 1 heard of the pike killing soon after it occurred I 1 have talked with about it that was in the summer of 1868 I 1 want ad to swap pistols he had a dragoon pistol and want to trade saying eliat was the pistol that killed sergeant pike that he had told spencer that pike was in town and now was the t i ie to get out of the way also as aisted spencer in escaping soon after hs ran through the alley was george drunk or sober then witness I 1 guess he was sober we were out on the plains in nebraska where we could not get any whiskey mcbrown Mr Brown all mr peters we rest mr brown to mr peters do you propose to admit this man to baila if so we will not waste the time to go into a defense now mr peters there has been no showing yet why he should be so admitted mr brown I 1 think there is the fact that the charge is uch an old one that the killing has been a notorious fact that the defendant has been living openly here and we think he should be so admitted mr peters the only object we have of course is to secure his attendance if hs rhoid be indicted by thea grand jury we havo no objection to bail but shall ask the sum be su aas to attendance mr young we think there are several other things that should also have weight with the court There was surely some provocation he had been struck by pike on the head and there is reason for the belief that he kasnot in hia right mind the commissioner decided that the defendants should both be admitted to bail and consideration mr peters suggested the sum of mr brown thought that would be ample and suggested that mr clawson thought spencer would be able to give spencers bond was fixed at and String hams B S young irs C C Spencer Mrs ellen C clawson and C V be came spencers sureties and he was released pham was unable to furnish bonds and he was taken back to the penitentiary herald thursday |