Show STICKS TO HIS STORY t Banker Stoutt Under Cross x2mln > atlon By Senator Brown JONES CHARACTER GOOD V wITNESsALSO > SPOKE mGHL Y OF DNDANTS MOTHER Counsel Seeks to Establish Suicide V Theory By Stoutts Financial Embarrassments Em-barrassments and By the Fact That He Carried 60OOO Life In suran at time of the ShotiDg V Banker Stoutt was on the witness stand all of yesterday under crossex amination by exSenator Brown Tqe whole course of his direct examination was gOne over with a great deal of nute11C5S but the witness testimony remained unshaken Matters regard ing his relations with the Utah National Nation-al bank and the amount of life Insurance insur-ance he car ied hich were either passed over very lightly or fdt touched on at all in dIrect examinatIon were brought out These things however were elucidated at the preliminary hearing so that the day as a whole may be said not to have been productive produc-tive of anything whIch the public is not already familiar with Considerable Consider-able time was occupIed by counsel in arugments toucning the admissability of evidence regarding Stoutts life insurance in-surance and how his account stood at the bank He can1ied GOOOO on his life at the time ot the shooting Mr Stoutts crosscxamina1ion will probablY be concluded this forenoon The banker yesterday morning said in reply to Mr Putnam that the wind on the night on which he was shot was from the northwest Shown a revolver olver witness identified 1t as the one he carried on the night he was shot MR STOUTT CROSSE UNED Crossexamined by Senator Brown That was the date of the first trouble trou-ble between you and Jones asked counsel The first outbreak was early in July JulyBefora t Befora that had you said anything to Jones which would cause trouble No Had he to you He was dissatisfied and complained that he was doing more work than he was paid for He said that he was I doing the state treasurers business 1 and got nothing for it He complained frequently probably twenty times Had you any trouble before that In the spring of 189 he wanted togo to-go to California for a vacation and I told him that I would nOt allow him to go and that if he went away I would have a new cashier in the bank whn he came back I told him further fur-ther that he couldnt afford it In the spring of 1S98 he renewed his request to go to California but I suggested that he tale a rest somewhere nearer nome where it wottldnt cost him 60 I much He said he would stay at home for a month that he needed a rest that hIs eyes had given out I finally consented to his goIng on condition that he kept his expenses down and didnt take hs wife 1th him If she went his expenses would be high He went to California and I found out he took his wife with him 1 that 111 the trouble you had with him until the spring of legS I would hardly call those matters troubles They were slightly unpleasant unpleas-ant incidents that was all V How long have you known Tones I think be was 11 years old when I met him first You employed him for a longtime long-time About twenty years I think Were his habits goodb v nf thn hf He was a good man in the bank Yes he was a good officer if he did not come In contact with customers To meet customers he was not a goodman gOod-man but for the genera work in the bank he was very good Did YOU icuow Jones father and mother Yes I knew them both before they were married Did you can on them after they were married No I dont remember that I did We lied a good distance apart His father and myslf were both fmmers sons living throe or four miles distant dis-tant from each other You said he left your employ in Ohio o and went to Kansas ity Yes You gave him letters of recommendation recommen-dation when he left Yea 11r Brown here offered in evidence a letter of recommendation given by Jr Vinton Mr Stoutts partner in Ohio to Jones when he left showing that Yirton thouht well of Jones The letter let-ter was objected to by Mr Putnam and the objection was sustained How long did Jones Stay in Kansas C1tr C1trThree Three rears I think And then you brought him west to help you in establishing a bank Ye He went with you to Denver Yes that was more of a pleasure trip than anything else the first time Ve went again with a vIew of going i Into busIness there stayed about a month and came on to Salt Lake I ABOUT SLUMS Did you testify at the nreHminary hearing that you blamed yourself for taking him out of the slums 1 think I did What slum did you take him out of Considering his surroundings his reJutatlon and that of his father I think there waS a good deal of the I slum about him That was the slum you took him out of r referred to his surroundings not to his own character his reputation regarding his birth and his Lathers reputation You mean his father and mother His mother was a very fine old ladY who was well thought of I took the boy over many protests of my fain 113 You say that Jones threatened to shoot you In Scteinber last Yes Repeat the conversation V It was alter I received the letter from the comptroller of the currency askIng for my resignation I met Jones at the bank and told hIm he had mc ceeded n his llellish designs and secured se-cured my resignation but that before I left I felt it to be mj duty to tell the directors of his birth as a bastard and of his father being on a continual drunk for twentYfie rears I told him I wasnt going to do it to injure hIm but that he had grown in porn posit md had the big head so badly that I thought it would do hIm good to break down his overbearing porn posit Tones looked me In the face then and there and said If I did so l1A would shoot me as sure as my name was Stoutt I told him I carried lfe insurance and my family would be protected pro-tected if he did You testified at the preliminary bearing that your object in telling the directors about Jones rigin was to break his bIg head and prevent him lording it over those directors and making mak-ing them think he was born in a kings palace 1 v I believe I did HAD 60000 LIFE INSURANCE Asked as to his life insurance Mr stoutt enumerated V his policies as follows fol-lows February 1873 Aetna Insurance company com-pany for 352 I c v < V V r September 1Sflth1gkn f V Mutifai IV 2oOO V j january 1884 Mutual Life of New York 2000 V October 1886 New York Life 3000 October iSIS New Tork Life 3noO day 189B New York Life 10000 Mar 189G Bankers Life of Des Moines 2000 May 23 1894 Mutual Reserve 5000 May 23 1894 National Life of New York cancelled S500 Sept 10 1898 National Life of New York cancelled 10000 Sept 10 1898 New York Life 10000 There were other nolicies whIch 111 Stoutt said made his total lifE insurance insur-ance ur to almost 60000 In force at the time of the shooting Mr Brown proceeded to question Mr Stoutt about the premiums when Mr Putnam objected to counsel going into the cuestion of Mr Stoutts life insurance insur-ance On the ground that it was not propel cr9sstxamination V CqilnseJ sala Mr Brown might tif he desired cal Mr Stoutt as a witnesS for the defense de-fense and having thus made him his own wItness it might be proper to go into the life Insurance matter but on crossexamination it was not Droncr He asked that it be stricken out The point was argued at considerable length by counsel and overruled When was It you put in your rpFI nation as president of the bank asked Mr Jrown Some time In Sejtember Mr Brown here read a letter from the comptroller of the currency under date of Aug 5 1898 and directed to A B Tones cashier of the bank The letter approved of the reduction of the capital of the bank from OOOOO to 100QOO on condition that the entire amount of the reduotion be used to re tire bad and doubtful debts and that none of it be returned to the stock Bunlhamf suverai days however to ee Mr Burnham We had a law suit in which Mr Burnham was interested nnd in whIch Brown Henderoa Were my attorneys V V r 1pu went to Murray that afternoOn after-noon V V V noonYes V Yes on the car What did youdo when you got to Murray I went and took some lunch at the Murray Exchange and then walked past the Germani smelter to the place whdre ewhouses smelter was in course of construction I walked most of thE way on the railroad track V 4 V DId you go out into the field away from the track V I did nL Did you see anyone at Newhouses that you knew V No there were quite a number ot people there but I didnt know any of them V theInHad Had you any business there No I just Went down forxerclse and V to see what was going on there The weather Was warm and sunny and I sat down fora whIle and watched the workmen You said s > mething about shooting at a rat or a gopher or something When wasthat On myway bad to Murray It crossed the railroad track and I Shot at it itDid Did you hIt it No it got away DId you hit anything lse No I think not There wa a carpenter car-penter working near but J didnt hit hImWhat What did you do when you got back to Murray Vent back to the salon the Murray t MUr-ray Exchange bought a couple of cigars I I ci-gars and walted Lor the car to go bad + + + V + V + V V V 4 I + JJYV 1 + + + I i > + V + + V V L + + + + flPV + + I t1ifli + u + + + + + + + IIYIii + + + + + + + + + 4t + V + 4 4 NPS A B JONE LISTENS TO as TESTIIIONYV + j I holders The letter further said that I I seemed not desirable for Mr Stou to remain as president of the bank reman and hIs resignation vas suggested I further the comptroller expected thai when the application for a reductoI of the capital was received it wOuld I be accompanied by evidence of the appointment ap-pointment of a new president Another letter addressed by thE comptroller of the currency to jr P I L Williams as a director of the bank was offered in evidence by Mr Brown but it was objected to by ll Putnam II and the objection was sustained I NO SOFTENING OF THE BRAIN Court here took a recess for luncheon I lunch-eon and on reassembling at 2 oclock Mr Stoutt again twk the stand for further crossexaminaton Mr Brown asked him about his resignation The wines said he did not ask to be retained re-tained by the directors did not ten them that he was suffering with softening soft-ening of the brain Once when he talked to the dIrectors about Jones mother for whom he had a high regard re-gard he partially broke down and may I have shed tears but did not cry over V his resignation Did you go to the bank frequently after your resignation was accepted Yes I went there nearly every day until the time I was shot Did you go to the AHa club fre I quenty Yes quite often quie ofen V On the day of the shooting what time did you start out from home About ha1fpast 10 Were you sick that morning No I hadnt been very well for two months but I wasnt sIck that morning morn-ing Did you send word that morning to L 11 Bailey with whom you had an appointment that YOl were sid and could not come I had no appointment with ll Bailey Bai-ley and sent no word to him Witness sid he had not been well for some time and took considerable wltng exercise Bought no ear tridgs on the morning of the shooting There were cartridges at the bank and when lie needed any he got them from the bank Revolvers and cartridges tridges were bought when tile bank opened in 1890 and some wer always kept on hand Where did you go first when you left home on the morning of the day of the shooting I called on L 11 Earl first Did you g to Burnham in North Sat Lake that day No Did you tell your family the night before that you were going to Burn ham the next day No I had been wanting to go to I to Salt ae I was late in starting I hadnt arrived from Salt Lake at the I time hat I was scheuled to start bad I badWhen When you reached town yOu got off L the car at Fifth South and State streets V Yea Did any oilier persons get off at the V same place I Yes everal but I didnot know any of themV V V OLD STO Y RETOLD Witess then retold the story of his going wet on Fifth South street after V he left the car passing the drug store near the corner adjusting hIs revolver meeting a man crrying a tin pail and V proceeding on tU he c5arne to ner the billboard when Jones biboard appeared in front of him hI How far off could you see a man I could see a object probably thirty V feet away it was pretty dark however how-ever I was about at the end of the billboard when A B Jones appeared right in front of me with uplifted arm Vand he struck me and shot me Where did he come from denly I couldt tel he came so sud denlyVhere Where did he go to He ran away through the vacant lot and I hot after him He struck you Yes and shot me an V Did you hear the report of the revolver olver I No I did not V Did y Ou see the flash of it r did not V You staggered back after you wee shot shotYes Yes V V I How far I I cnt say I think however it was to a point opposite the adobe house Didnt you testify at the preliminary examination that you staggered back to the Iron gate I think not I have no idea of the number of feet Did you turn around and walk eat No I was trying to go west but i I seemed I couldnt make headway but stagger back I think to the west corner of t adobe house I saw Don Lochrie and the Ringwood boy I called to them Come here my lad and told them I had been shot and asd the to help me home Ringwood said he Would go to the drug store and tee phone for the police They went away and that was the lat I saw of tem And yu went home Yes Who was the first person you saw when you reached home lIly daughter Fanny I think two or three of them may have come at the same time however Didnt you say tt the preliminary hearIng that you saw your bo firs I may have done I probably rol lected better then than I do now but I think two or three of them came together to-gether Did you see Chief Pratt at that time tmeHe He was there that evening Did he ask you who shot you Yes And did you say at the preliminary hearing that yoU told him you dIdnt know r dont remember At the preliminary hearing did you not ray that you had told your family that you were going to Burnham on the morning the day of the shooting te I did not Did you ten RIngwood and Lochrie that Jones had shot you No I did not Before you employed young Jones in Ohio dd you go to hIs father or mother and ask them to urge him to enter your employ that No I have no rooleton of doing thatYben Yben you came here arid went into V ki V L the banking buiqess how many share I did you take for yourself Objected to and objection sustained V You were indebted to the banK at the time of the shooting They had two notes of mine one for 8800 and one for 9200 Did you have an overdraft of 9000 besdes No the ovedraft was put into a note and the bank owed ne 5000 for Ie salary against what I owed them I I relinquished the 5000 the bank owed me because there was no Drofts to charge it to and the bank examiner had complained that the banks liabi tIes were too high and to help out I let the 5000 go hutit was owIng tome to-me just the sanie V sane You signed 1 relinQuishment of the 5OOO V I did Here Mr Brown offered th9 relinQuishment relin-Quishment in evIdence V I was objected object-ed to by Mr Putnam and aterargu meat was admitted admitte STOUTTS INDEBTEDNES INETEDNES Is i not true Jhbt you owed the bank at that time more than 18000V that as a matter of fact you owed it 29000 asked Mr Brown The cuestion was objected tooa the ground that it wasirelevant immaterial imma-terial and not prOper tossexamfna tionThe V The jury ani the winesses were excused ex-cused at this pOiit and the remaining half hour of the day vas occupied in arguments byJudge Hend rson to show that the queston was proper and by lIr Putnam against its admission Judge Henderson took the position that in order to show the real cause of the Quarrel between Jones and Stout it was necessary to go into the affairs of the bank and if such were allowed to be done it YQu1d aDear that Vth real difficulty was because the bank examiner had taken possession as he had a right to do of the Hedges note I fOr 2200 which it is charged that Stoutt forged and which Stoutt thought Jones had and was keeping from him to use in a criminal prosecution against him Stout was anxious to obtain that note and when he ddnt get i on the day of the shooting he was exectinl to be arrested hatf why he wandered away to North Sat LaKe on the day before and to 11urmy on he day of l the shooting His mind as in an un settled state Judge Henderson ar ged T show thee things he con nted was la tq the case because j It i gpes to show thdf Stoutt had an ob I I j ct1n accusing ThI1 f of shooting him 1 and that in order to give a reason fOr Jones tryIng to kill him he invented the statement reflecting on he chits tty of Jones mother and the small dispute dis-pute arising out of Jones alleged refusal I re-fusal to take some pains with Stouts son So arguqd Judge Henderson Mr Putnam for the state urged that the points put forward by Judge Hen derson as to whether the Hedges note I t L was forged or not was foreign to this ce and not a question for this jury It to pass upon Stoutts indebtedness to t I the bank was altogether irrelevant and had no business to Ibe injected here I Judge Norell took the point under c advisement az until 10 ocock this mOJn 1 t |