Show STILL DliAGGLXG ALONG I Evidence on Rebuttal in the Pearson CaIn Ca-In the Pearson case on Saturday the court ruled that the prosecution could ahow acts of the defendant prior to January 10th 1SJ ALi ROSE was on the stand Wha was the defendants condition at the time you met him as to sobriety or drunkenness i AHe was under the influence of liquor QStute hia conduct AWe started talking of a horse trade I was to give my shaps and qnirt to boot he said thev would trade Charlie Green started onand said they would not Pearson said with an oath Yon will conic back and twirled his pistol in the air and shot it off Green and Pearson then quarreled Pearson told Green to lie down he refused = re-fused to but finally did they got up they took a drink of whiskey out of a basket bottle and I drank with them Crossexamined was the horse that Green wits on that Pearson talked of trading Green rode up and got off tbe horse Pearson said1 am getting the horse snaps quirt pantah whip and 10 to boot I said No you aint and put the sbapi back onYou wont get the 510 too I got on my hone and went on There was nothing noth-ing particularly said further The first time he twirled his pistol around ana snapped it it did not go off he twirled it around again and snapped it and it went off that was a usual practice I have done te same myself with pistols Pearson handed hid pistol to Cant Ian and said he would fight him Green said There is no use of ts fighting Pearson then said Ill fight anyway Green said There is no caue for it hut Ill do anything you tell me to Pearson then said Lie don then Green said he would not do it but finally did lie down M Cantlan took tbe cartridges out of the pistol nnd threw them into a sagebrush It was Charlie Green that wits with Pearson not the deceased OLE KLUVOsox called Examined by Mr Evans on the part of the prosecution prosecu-tion Am mayor ot Lehi City ant not personally acquainted with the defendant de-fendant have met him a few times he was there at Llhi once about a year ago for about three weeks otf and on QDiI1 you know the defendiiutd reputation for peace and quietness prior to January 10th 13S6 Objeced to as not in rebuttal of anything any-thing the dcfuooant ha proved and the proper foundation is not laid for it Witness wa withdrawn until the authorities could be looked up on the subject JOHN JACOBS wa called My occupation occupa-tion id ndinc and driving horses saw the defendant at his rancU about a year ago stopped there three or lour days QYou may state what the defendants defend-ants ondition wa at tbe time you met him at theSevier RiverA River-A He was not unusual may not have been exactly sober w s drank a little while I was there the second night we were playing cards in his cabin drank some whisky dont remember re-member whether the defendant drank or not QDont ycu know whether he was intoxicated that night AI dont recollect seeing him drink at any time only the last uifjut whIe I was there I supposed it to be alcohol QYou may state whether you saw any alcohol there that nigh AMr Pearson brought ont a bottle which I understood was alcohol it was along in the afternoon I took a drink of Jt this was in October last QWnat if anything did the defendant I de-fendant say l AHe ad he could fix us up a drink called it sling warm water and sugar I mixed mine and saw the Defendant De-fendant pour his drink out into a cup I did not see any other kind of liquor there QYou m ly state whether at anytime any-time at the ranch you saw defendant under the influence of liquor at all Al dont know I never saw him anything out of the way I Qhnt if anythingdid he do with his pistol AHe shot it off several times through the cabin I was lying on the bed nod he motioned for me to hoot the pistol I shook my head and he then fired it up through the roof be again during the evening shot it off under the bed the G us ton trays Charlie Green George Hammer the defendants defen-dants brother and Ed Green were there all were in good humor hu-mor and enjoyed themselves together I had a two gallon keg of whisky with me we had Been I two days on the road and the keg was not full when we got there the liquor that we drank of Mr Pearsond looked like alcohol but it may have been Scotch whisky I am not sure TITCS BILLINGS was called Lived in Eureka am a miner saw the defendant defend-ant first about the middle of lost September Sep-tember Q What was his condition when you saw him as to sobriety j AHe was drunk QUnder what circumstances Iou I-ou first see him AHe came into a saloon with a pistol in his hind and asked wherea Green 1 He said when he saw him Green come out of there therea no use of your hiding now Ivagot yon come out of tuere you 3n of a bb One of the parties iDe Wit got outof the house we were in a position where we did not think it I I safe to move as he wu swiiiping his pistol in the door Some one said there was no danger dont hurt him the pistol is not loaded this was Charley Green who mode the remark I took the pistol as Pearson handed it to me and said > o it is not loaded I saw some liquor in defendants posses ion I tooic a drink of it there was very little in the jair Crossexamined found there was no load in the pistol I regarded it as a drunken freak and never thought it of enough importance to mention it since I didnot learn tilt I cjrue here that it W9 Charley Green and not Forrest the deceased that was with Pearson Abe Perden notified me to be here as a witness in regard to tbe display of the pistol in the matter of Pearson and Green I knew it was a Green but did not know whether it was Forrest or not At some time I have understood it to be Forresfl Green Witness was on the 3tand at mail time |