Show E 0 SAPPS HEARING I OR ASSAULTING HON W F JAMES WITH DEADLY WEAPON Mr James Gives His Version of the Fracas in Big Cottonwood Canyon on June IS Hearing Will be Resumed Re-sumed Today Before Justice Sommer E O Sopp the cowboy who made a murderous attack on Hon W F James I and Joseph Erickson In Big Cottonwood I and ot shot in the canon on June 13 got tle leg was brought from t Marks hospital where he has been since the farcas for a I preliminary hearing before Justice Som mer yesterday The formal charge against i him was assault with a deadly weapon a vicious looking Unite Sapp has nearly recovered from the effects of the shot i i hut still moves about with diucuil 1 re i prosecution was conducted by Assistant I County Attorney Van Cott and Judge Anderson I An-derson defended the accused 1R JAMES ON THE STAND I I The first witness called was AV F James who testified that on the afternoon of June 13th he was coming down Big CottonvooU canyon from his mine He had been told that there was a now drill there a niii over the road and tnat were 11 ber of stumps ali brush piled up making passage almost impossible He thereto took ins foreman Erick on with an ax to lear the was They reached the drill and found mat it extended oer the i i creek itness drove his horses upon the ins crek tron drift and held close to te t Ht away from thecieek as the nov was arm only < a short distance ErHksvi I ad gone ahead a with the ax to clear the brush away iuiesj saw Sapp riding on horse baik up the canyon and when he got dOe u to the team asked him not to i pas as there was no room and said that i if Sr > would wait a minute the team I would he out of the way Sapp said I Xo is going to blot k the I road on me and drove Irs horse OP twien witness off horse and the vide of I the rood Thee vas M > little space that the ill caught on te hoi es harness t and pulled it i partly I of Satip threw his i right leg otr the pummel Er the saddle I and spurred his ho iq on itness was crowded between the w heei of the buggy I ant I large stone so that he could pcvnel nove After Sapt had gone I about 20 feet he jumped from hs horse I wui h a liicc knf in hia hand and came I toward witness saying re would cut his I he Tt out and fry I PC tried to get hoi of witn ss tnroat and use his knife i on him i W itnef held him off until Erick I soi whom he called had come Erick son struck Sap with the ax and drew I hit itt < niicip way Sapp thin turned on Erukson grasped the ax and tried to I rca ii I hm with the Knife Witness sue ceortcd II getting out his pistr l and shot at Sail The first bpll did not seem to take effect aril he shot a > ont time j his horse I Sanp then drew off mounted and rode away OTHER WITNESSES Eickson then took the tand and testi i fled l to pradically the same thng He i said af when Sapp nisjed him hl before he reaihecl Jmes he s w e Irate hanging i from hs sic Wher James called he ran up and seeing that Sap was trying Ito I I-to throttle James he struck him with the i i blunt end ot the ax betwee the should 1s g h It t ilOb i I ore Sa D the turned on him I grabbed I the end of the ax and was putting at him I 1 I with thf knIt when he heard two Istol shitc Sapp then withdrew 1 I I ShorC Hur t teft e < i tat he sw the snowslhlo on the day of the shooting i Was a iingcou1 crossing and there was I room onl for one team to > s Sap i had told him on the night of the affair J that Jame had assaulted him with a club when he tried to pass his buggy He also had said l tht when the s oi struck I him he was 50 or G feet away from the buggy and be was leaning over from the i i I left tii e cf the horse to be out of range i i i of the gun Dr Jones who attended Sapp after his injur testified that the ball must have I entered from behind and that he had I found two poInts of ext as though the ball had Iil FOR THE DEFENSE i I The defendant testified that Jamos struck hm with a club whe nhe was I in or attempting > to pass the buggy and that James was the aggressor He I I also aid that Erickson without provocation provoca-tion struck him on the back with an ax and that he was riding away when Jams i lired three shots at him one of wltfcti tooff eTect in the leg I Court adjourned till this mOrnIng when I the hearing will be resumed When this i i I case br concluded the charges of assault I with a deadly weapon made by Saup I against Mr James and Mr Erickson will I be taken up |