Show i TUB HAYES CASE I AVlll Doubtless All Be in Testiiiiouy Il eP Al By This Evening o PROVO March 2iThe taking of evidence in the Hayes murder trial was resumei at 10 oclock this morning morn-ing by the defense putting J A Pierce on the stand who testified Live in Eureka was city recorder in February 1S95 remember reading a letter in February which was handed to me by the defendant Mrs Hayes was called to fix the ate of receipt of letter in question The letter was shown the witness who said she saw it first on February 16 1S95 The letter is post marked at Provo February 1 1S95 The witness said it was received on the 16th This is to show that Hayes was in Ex eka when the letter was received I Crossexamined and askedif she always al-ways took receipts when she paid out money she said yes Why did you get a receipt nine months after the payment of theme the-me in this case Could not get it sooner J W N Whitecotton attorney for the defense was sworn and stated that lie wrote the letter in question and mailed it the same day Leo Armer testified Live in Eureka was there in February 1S95 Am acquainted ac-quainted with the defendant saw him in Eureka on the 22nd of February and several days prior to that Crossquestioned witness said he was not positive how many days before be-fore the 22nd that he saw him Was not positive as to any other day He might have been gone a day or4a part of a night and witness not know it Charles Balch testified saw Hayes in Eureka on the 23rd that is the only date I am positive about Mrs Peterson was called to identify herself Mr a letter written by herelf to 11 Hayes I was written on the afternoon after-noon of Februiry 1 1895 and mailed in Payson Mrs Hayes was recalled and test fed that the letter was received in Eureka at the same time the one from Whitecotton was received THE DEFENDANT HAYES was recalled and stated that he did not leave Eureka in a cart o the 15th of February I did passLombards place on February 3 I was in a cart and as I passed spoke to Lombard jocularly Come on now lets go tote to-te lake hunting I never said to Albert G d you I have a notion to kill you and will do I nor did I grab a broom to do it with Johnson did not say to me I you touch him I will kill you Johnson was not there in December was February The witness here corrected himself and said November Thurman asked witness why he was always making mistakes and say February for other months I is just a slip of1 the tongu1 A juror asked witness where Albert was shot Hayes showed upon his breast the position of the wounds Mrs Kinney testified that she saw the defendant at his home in Eureka on February 16 1895 saw him again on the 17th ant again on the ISth On the 18th I was doing some scrubbing scrub-bing and was on my knees when Hayes said to me Pray for me while you are at i Crossexamined married in 162 to John D Lee have knocked around the country a great deal have been in Park City and Idaho Here the attorney for the defense stated that there was only one other witness to be examined and he would not arrive till the afternoon and a recess was taken till 3 oclock On reconvening the defendant was again put on the stand and recited the circumstances of buying the bar of steel or iron spoken of by a previous witness Witness stated that the iron wa bought the last of March bought i for a crowbar Had the crowbar made in a blacksmith shop Witness also toid of enquiring for shot shells On the 17th I did ee Mr Lombard and dJd not tell him I justgot in I never to him shake hands with reversal criminal In February lSD5t t never had a cart of our own We borrowed one from Mr T rra lOn l-On crossexamination the witness stated that they owned a c r but did not nave it in Eureka Mr Rich was called and said I live sad lve in Salt Lake city In February 1S95 was in Eureka saw Hayes there the day after pay day That was the 15th It the date by an entry in my day book of receiving 10 from Mr Henna fin He and Hayes were in my shop I together I Crossexamined witness said he gave I II Mrs Hayes a receipt some time in tme December last for money he received I 1 for a pair of pants sold to Hayes When I gave her the receipt I said I I dont know the date and she said I was February 16 1895 I also got ths date from my books Am not positive I saw Hayes on the 17th This witness was excused as this report re-port closed The defense will probably finish its f probablJ fnish is I testimony this evening and tomorrow morning the prosecution will put on I the rebuttal At rateof rebutal present progress pro-gress the case will go to the jury about next Monday evening |