Show THE STOKES KILLING A Jury Secured and the Evidence Evi-dence in Progress A STATEJIBNT OF THE CASE The Theory of the Defense RemaIns Shrouded In DoubtFryer and Watson Testify I The entire day in the District Court I up until 330 yesterday afternoon was occupied in the endeavor to obtain a jury in the case of the People vs Ross McManamy charged with the murder of Charles Stokes on the 1st of September Septem-ber last At that hour however there were but two vacant chairs in the box Thess were filled by the calling of A L Williams and Frank B Shelly both of whom passed the test and they were sworn The jury is as follows J B Pritchstt Henry HIrschman A C Boyle John Judge J L Boll C H Wltney L r Kullak A L Williams George O Kidder > rank dhelly Arthur Van Meter M H Sntlut THE CASE IS OPENED The indictnvnt was read and the case was opened by Ogden Hiles of the prosecu ion who stated to the jury what they expo ed to prove against the defendant It becomes my duty under the law to state just what this case is to give to you a general view of the facts waich the government expects to be able to prova First of all I may say to YO1 that tha charge contained in the iuJio meat is one of the greatest the penalty which the law gives against that crime ia the highest I trust you wi 1 approach the case with all the interest you can command boh for the government and the defenLiii hav you appreciite the sit don m 7t1icl you are placed We appear ero Oil the part of the government govern-ment no us gainst the defendant the public proseeutjr is not an attorney for the plaintiff but a minister of justice jus-tice If we know of any fact that will exculpate the defendant we shall take as much pleasure in presenting that as any that GO TO HIS GUrLT We all know that particular caN should be taken to guard both the interests of the plaintiff and defendant It is incumbent in-cumbent upon the prosecution to prove to your satisfaction beyond a reasonable reason-able doubt the guilt of the defendant de-fendant if we fail to do this you must under your oaths and under the lawacquithim of the charge I invite your attention to the statute of the Territory under which this indictment indict-ment is brought The statute says that murder is the unlawful killing of a human hu-man being with malice aforethought Such malice may be expressed or implied im-plied It is expressed when there is manifested a deliberate intention unlawfully un-lawfully to take away the life of a fellow fel-low creature It is implied when no considerable provocation appears or when th crcamsuuces attending the killing sliow an ABANDONED OR MALIGNENT HEART Every murder perpetrated by poison lying in wait or any other kind of wilful wil-ful deliberate mansions or premeditated pre-meditated killing or committed in the perpetration of or an attempt to perpetrate per-petrate any arson rape burglary or robbery or perpetrated from a premeditated pre-meditated design unlawfully and maliciously ma-liciously to effect the death of any other human being other than him who is killed or perpetrated by any act greatly dangerous to the live of others oth-ers and evidencing a depraved mind regardless of human life is murder mur-der in the first decree and any other homicide committed under such circumstances as would have constituted consti-tuted murder at common law is murder mur-der in the second degree You will observe ob-serve that under this statute MUBDEB IS DIVIDED INTO DEQEEES first and second Under the first thero must be a specific attempt to take the life of the decsased In murder of the oecond degree there is the element of malice but there is no specific attempt to take lit If a man intend to do bodily harm to another but which results in death it is murder in tbe second degree In manslaughter I the person killing kills in the heat of passion without the intent to do bodily harm an unlawful or wrongful act ME DICKSOK I object I THE JUDGEThe statute may ba read the jury will take the law from the coirt Mr HILES Gentleman I want to warn yon now that you are not bound anything I may say unless it address ad-dress itself to your reason and your judgment We shall show you here a state of facts that will not warrant the conclusion that the killing was justifiable justifi-able but that the defendant had a specific intent to Kill Stokes and that the killing was felonious and unlawful The material facts in the issue are but few but there are mtny incidental facts that must be explaiued to you the state of the defendants mind and the reason WHY HE SLEW CHA3LES OILMAN who was more familiarly known as Charles Stokes Oa the 1st of September Septem-ber Stokes met several convivial associates as-sociates in the Wasatch Saloon Among those were two persons named Jams and Amos Marsden who ure brothers Some fifteen or twenty persons per-sons were tnre besides Stokes and the Marsdens The latter had been drink lug At about 9 in the evening Mo Manamy appeared ia thesaloon During Dur-ing tae carousal some one threw a portion of a glass of beer which spilled on one of the Marsdens James I believe be-lieve who dodged and in doing sa ran against McMauam who aid ljok cut youni f 1nvr cr Il fill you full of holes The Marsdans and ihe defendant then went out in the hallway whn Amos demanded to know wiiat Mc Manamy meant by saying he would fill tile Brother foil of holes As tho c me out Dan FRench saw them and being apprehensive that a fight was about to take place commanded them to keep the peace He tas siezsd by Sokei and forced to his knees By the udp of Commissioner Norrell however how-ever Rench arrested Stores nnd in company with the defendant Rench started up the street with Slakes Bench went into Smiths drug store t91 telephone for the police Ho entered with McMTanamy and the deceased and asked Smith telephone the police He had the deceased by the lappel of his coat and while he had his back turned to Stokes HE HEARD A SHOT FIRED Bench returned and saw McManamy fire two more shots The deceasodfell and expired immediately Almost immediately im-mediately before the firing of the first hot Stokes wrenched his left hand fromRench and struck at McManamy It will further appear that on their way from the Wasatch to the drugstore the defendant was heard to say to the deceased de-ceased if you do not go along Ill fill you full of holes The deceased was unarmed and in the custody of an officer of the law and with no chance to harm his assailant he was shot down in the manner I have attempted to describe The killing was wrongful and violative of every principle of justice jus-tice between man and man Judge Powers asked the privilege of reserving their statement of the case until the conclusion the testimony on the part of the prosecution THE FIRST EVIDENCE OBJECTED TOMB TO-MB HILES stated that the first evidence evi-dence they would offer would be the depositions of Amos and James Marr den and they were offered because the return of the marshal showed that he had been unable to find either of these men who were believed tJ be in Wyoming Wyo-ming Territory Mr Dickson objected There were several reasons He recogmzad that there was considerable of a conflict of opinion on the question The defendant defend-ant when put upon trial for his life has the right to ba confronted with the men who are bearing testimony against him The showing that the witnesses could not be procured was not sufficient suf-ficient Further the depositions are not certified as the law demands they should be by the stenographer who took and transcribed them Mr Hiles withdrew the offer He was not aware that there would be any objection on the part of the defense Toe same facts however could be proven by other witnesses An adjournment was then taken until oclock The Evening session The first witness called was Robert M Fryer who said I knew Charles Oilman who was sometimes called Charles Stokes I do not know the defendant de-fendant I saw him on the night of September 1 1833 at the Wasatch saloon Amos Marsden and James Marsden were also there I was intimately in-timately acquainted with Stokes haying hay-ing known him about thirteen year The defendant on the night in question was having a row of some kind when I stepped up to part thin I went up to Marsden and asked him what was the matter Mnrsden replied that the defendant de-fendant had threatened to fill him full of hole Just before this occurred James Marsden threw the portion of a glass of beer over Amos and Alex Watson Wat-son I told McMauamy that tbe beer was not intended for him I told Amos and the defendant they had better shake hands and make it all right They did so and walked toward the north door of the saloon where I left them I went out of the front door I do nbt know of anything occurring in the hallway During all the time this was going on I STOKES WAS IN THE SALOON which he and 1 entered together between 9 and 030 pm Stokes had not been drinking before we went in if he had been the influence of the l liquor was not visible to me Neither biokes nor I drank in the saloon To Diokeon make adobies in the summer and do what I can in the winter I had been drinking a little in another beer hall with Stokes and the two Marsdens Iti 13 not true that I was under the influence of liquor to such an extent that my mind was clouded I rEmemUer an old man be irg there He was angry because someone some-one bad thrown beer upon him I told McManamy that if anv of the beer went on him it was not intended for him To Htles There were about a dozen people in the saloon at the time There was but very little noise I testified beiore the coronr I think I said the defendant had his hands behind him I did not testify according to my recollection re-collection thuthe put his Hands behind him as if to draw a pistol To Dickson heard nothing of the racket in the hallway although I remained re-mained in the saloon Think I conld have heard a row if there had been one ALtXAHDEB WATSON knew Charles Sakes also James Marsden and Amos Marden I saw McManamy on the II night of the 1st of September 1888 He was in the Wasatca saloon between 9 and 9 30 Stokes was also there He came in with Marsden I SAW A DISPUTE between the defendant and Amos Mars den Jim Atarsden threw some beer on Amos some of it went on an old man sitting there The old man got up and grabbed a chair McManamy said something to the old man and told Amos Marsden he would fill him fall of holes Several wore words passed between be-tween them which I did not hear and thin Amos and McManamy left the saloon sa-loon together Later on there was a row in the hallway I heard a noise and as I went out eight or ten men were all wedged in together Stokes had hold of Bench Someone in the hallway hall-way about tbe size of McManamy drew a pistol I did not stop to examine it I went right away down the street 8okes and Rench were near the foot of the stairs To DICKSON McManamy drew a pistol in the hallway I think I did not examine the man closely but it was a man about his heightb I know Bsbert Fryer He and the Marsdens are related I believe I was duly sober that evening Amos Marsden was not very drunk It is not true that Mc Manamy tried to quiet the row when the old man was angry He came up and he and ilaraden tried to explain the throwing of the beer on the old man I did not see Fryer talk to Mc Manany tt all Court adjourned untl this mo og ic 930 oclock In the Probate Court Estate of Joab Lawrence deceased claim of F E Barker in the sum cf I 105 85 approved and allowed A certificate of incorporation was issued to the Utah Stove and Hardware Hard-ware Company Estate of James Farnsworth deceased de-ceased order made appointing time and place to hear petition for order to set aside the whole of theestate for the I use of the widow andminor children of said deceased Estate James B Glass deceased order made appointing time and place to hear petition for admission to probate pro-bate of a document purporting to be the last will and testament of said deceased de-ceased Estate of Silas F James deceased order to show cause why sale of real estate should not be made Police Court Peter Larsen and Erick Anderson for stealing a ride on the Denver Rio Grande were fined 10 each James Dunn for being drunk got5 and George Thackrah for the same offense got the same sentence O S Walsh was fined 5 for obstructing obstruct-ing the sidewalk |