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Show COURT I'UOCEEDLNGS. THmu ii.,nacT col-ict; m'klax, c. j., PHF-SIDtXa. 'clneaday, Xov. 10th. Couitiiirl alio o'clock, a. m. Lueieii Living.-t-m, ,-f j Watterman: by siip-datinn botw'.eu -;'un-eliidemeatwasrendeP-J .i-.:,.,t ti.e plamti:'.'. - " "" Lawivin-e Mann r -. I ,c H,.v. n-d; the repurt -;. the referee was con-I'nuLd con-I'nuLd nud judgment w.ih entered im.-t i!,e del'eud.uit. Defendant's attorney g.n;e notice that he would ; ma;e a motion lor a new trial i J- II. -V,uiman v,. LL.vd Asniu-i Asniu-i waii, e'.- Mr. B.iskin,fur thodefend- ams occupied th entire sw-iun in i making his argument. I On the application of George 1L : Maxwell, an order was issued to coui-p;-l 1 . uow to liow cause w'nv he Momd nm return to the files in the clerk a oliiec tho indictments airainst rignain oung, and others, borrowed borrow-ed i'V Inm from tho clerk. Court adjourned till TnuMav morn-J morn-J mg at 10 o'elo.-k. , n:or;ATn cofiu, ;:t.i.-,- voir.!, ;., w.y. lisr.. Cu.is; opt lied 10 a.m. It was arrar.gul tiiat the eu.-e of the ople iv. Kirov i:ui:td iimiKtliatelv f'H"W that on trial. I'-.opie r.-. Mu!hl:vr. Lhingslun, heduing, Liii-o and Turner. Jbrman-slauglu. Jbrman-slauglu. r ji,r the killing if K 1 wards at Sar.uy la.-t May. re.-mn.d. I.-aac Harrison. Justice of t'c-l'eace al Sandy, reealUd ihr the d,-;",-ne. Witness cu'jldu't say deli uilclv as I 10 sie of the pirilol u-;i.d. It Was a j eood s'.l one and ivory mounted. ! Ttiinks it was navy size. Saw the j man alter he was shot, and examined I tne wuuud. Ii v;ls a verv small! wound in one side uf the head. The I ball did nut come out. it was not I larger than a buckshot. It was about I lh it si.e. Edwards said hecoiiid clean ! out anything Uiuv was there. t Cruss-e.va mined. Xeitlier Living-.-on nor Turner tenjk part. I could : have cen them if they had. X'iie I'lVseeution here desired a uos tponetnent of an hour to produce- a witness, Gray, to show what took place in the grocery, but the defense obected and the case went on. Har-risson's Har-risson's examination continued. Witness. Hofihian was before me en the preliminary examination. His , itstimony was reduced to writing. He j sitid it was Livingston who used the t exp.ression about making thim "take i that back." (In the testimony on j Tuesday Hofiman testified that j it was Huf laker who made : this remark.) Witness and HolT-: HolT-: man were on tne plaifurm. Hull-, Hull-, mail is a man that drinks a good j deal, lie is in the habit of getting ! intoxicated considerably. At the time j lie went on the plaLi'jnii don't think : he- v:i-i much the worse fur liquor; ; don't think he was very bad off. Al'ter-; Al'ter-; wards he was considerably inloxicat-j inloxicat-j ul; he w:is preity botizy. He had been drinking when he went on the plat-j plat-j Inrm. v'ieu be is under tho iuflu-i iuflu-i euee uf lienor his mind is less active than when he is tober. Am sure it was wi;t n Iloil'mau was before me that be said it w;is Livingston instead of HuiVaker who made use of the re-; re-; mark about making them ''take that j back." lie was asked the question j iivo or three times owr as to who j made the re-mark. Mr. Read asked ; ' him this, and it made an impression ' upon my mind. At this time HotT- ; m,in was very much under the inrlu-j inrlu-j iv.ee of liquor. He was not much bo ; when he went on the platform. He gets excited quicker than I do. I think once in a while, but don't know-that know-that I drank anything that morning, i I am not in the habit of taking liquor enough to cloud my intellect. It was from twenty five minutes to half an hour aiier we went on the platform before the men came out of Gray's. Didn't see Holl'man's condition when he- came out, but did immediately after af-ter the affair took place. Dr. Andrew Bcnzon was then called, call-ed, lie has several professions. Isat present railroading. Never was a practising physician. Had no certificate. certifi-cate. Had served in the St. Louis Hospital. Was at Sandy station in May last. Saw the man Edwards who was killed and examined the wound. It was very .-mail. It must have been made with a bullet. '1 iie skull was fractured frac-tured a little. This would make the wound larger. The ball didn't go through the head. Heard the pistols and abuut ten minutes alterwards wns called over. Edwards was lying on his back near the south end of the depot. I was on the platform that morning, when there was a difficulty ; saw tho disturbance; saw Edwards draw a knife with his left hand, hiding hid-ing the blade behind his coat sleeve, lie had a uistol in the other hand. He jumped on the platform, cursing and swearing. There were twenty or thirty persons at the south end. All gave away. I know Lingo. He was there, lie backed one or two steps and then sfod still. Eelwards step-pal step-pal toward him, and called the crow d s s of b s, and other names, and said if any one dajed to face him he would clean them out. Lingo told him to stand off. Ho showed no weapons. Turner was there and left. Cross-examined : The wound was over the right eye. A little piece of the skull was cracked off. It couldn't have been made witii a navy revolver. The ball didn't pass through the head. There was a iitUc bump on the back of the hpad that I thought was the ball. I didn't hear anything paid on tho platform before. Don't know what caused tho difficulty. ' Don't think Edwards was intoxicated. There were two men trying to keep him away. I never saw them before. I saw one of them afterwards. Don't know that they were Diamond or " Virginia." Nreveraa.v Uem before, to my knowledge. There were no demonstrations or words, or actions .by Turner or Lingo that I noticed. Kdvards demonstrated to use hi knife, and dared anyono to say a word, and lie would go fur them. Think he would have done so. He held the pistol with the hammer towards to-wards him, as though he was going to strike with it. He went for the whole crowd. Levi Garrett testified. Was present. pres-ent. Saw Lme.o on the platlorm. Livingston, Heading and Htlllaker were not there. Saw Turner. Saw a crowd on the platform. Saw a man there with a knife in one hand and a pistol in the other. He made threats what lie would do'iMie got down hum tho platform. Lmgo and Turner were there. They said nothing. noth-ing. I went back into Mr. Decker s saloon. First saw Livingston, Turner Tur-ner and Kcdding in the saloon, fold them a man waa there trying fo kick up a fuss. Saw Hufiaker first m tne saloon. Told Livingston and Kcdding Kcd-ding to come and get some dinner. After dinner the three of us went to sec Harrison. I asked Judge Harrison Har-rison why he didn't have that man arrested. He said he would it he had auotlicer. I old him Livingston was an'oiliccr, and understood bun to say he wonld have him arrest tho man. An hour after tho difficulty on the platform, the second difficulty took place, about fifty yards from Mai. Camp's saloon. I was in there, and asked Mr. Keddiug to have a glass of beer. He slid he wouldn't have another, an-other, he would have to hunt the bovs up and go home. When lwent out, I saw a tall man man coining up towards Kcdding. Turner, Kcdding. Livingston and Ilullaker, were uoing towards Edwards Ed-wards and some one else. The man walked up with his hands out and clinched with Kcdding. Rouaing threw him down. Livingston w;is pulling his hand on this man Edward) Ed-ward) who made a cut with his knife. I thought he had cut Livingston Living-ston through. Atterwards, on the train, I saw a cut on Livingstons coat and shirt and pants. He passed around Edward--, Edwards then shot at HuiTiter. Elwardssh tthnfir.-t shot. Should judge Hut taker shot the second. Tnen ELvanls shot the third at Huff.ker. Didn't notice Hufl.iker shoot till u;tervards. There were three sinus from Edwards and two from Huff iker that I remember. Hnthker was wounded through the calf uf the leg. I didn't see Lmgo or Kedding or the other gentlemen Like any part. When Edwards Ed-wards came on the porch w-itli hi-i knife and pUt-,1 n idsnands, he made such demonstrations as to lead me to believe licit he intended to do some injury. He said if anv of them would come off tho platihnn he won id cut their d d d hearts out. Edward-was Edward-was intoxicated at the time. I heard nothing of the original tr."uh:e. H. Gray t-s tried fur tberrosceu-tion. tberrosceu-tion. He ket ps a saloon at Sand v. On the loth of May all of the defendants defend-ants wer in hn saloon both be lore and after the killing. Thought ihev j ill drank except Turner. Heard one j oi them say, "There thev are now." j Defendants exhibited no' weapon-' in h:s saloon, but there was something sid alxnit pistols. When the defend ams st irted tow.mls K I wards and p:trty they went quietly, and there was nothing unusual m their appearance. appear-ance. Turner wanted to o home, bat the Oiiiers ob;ecUd. Witne-w hcarl nothing said about arresting Ed wards and party. When the d-lendants d-lendants approached Edwards and party, "Old Virginia" arose and met them. . Hofi'm an was in wilne;' saloon when the defendants were there, and appeared as usual Ho ! was nut drunk. The prosecution clu.-.-d their evidence evi-dence with tills wit nes--. Solomon J. Despainc testified for (ho defense. Ho is justice of tlie peace fur' Granite precinct, and as such lias- frequently 'called upon dame Livingston to arrest men for violating the law: Livingston was not a regularly appointed ollieer, hut at the request of the witness it w. s the understanding that he should arrest the rougiis when they broke the law, cither with or without warrants. Mr. Huge, counsellor the defendants, defend-ants, made a motion that in ease the prosecuting attorney would not enter a n-!k urotcuxi in the cases of Linuo, Kcdding and Turner, then the judge would instruct the jury to brinti in a jveruicLor not, guilty in the eases of ; those defendants, on the ground that there hud been no evidence intro- dueed implicating them in the killing. I Before deciding the motion a recess j was taken til! LU p.m. j , L. p.m. j On t'ue re-assembling of court i lie judge said he jury had been sworn to try the case and to bring in a verdict ! according to the law and the ev.dcnee; j he therefore objecteel to interfering ! and directing thy jurors what to do". I The motion was overruhd. In the absence of Kiehard Orr, a , witness for the defense, a statement : of what was expected to be proved by ! him wasread. The main point thai I was expected to be sworn lu by Orr, j was that when the defendants ap-' ap-' proached Edwards he arose with ;i t knife in one hand, a. pistol in t(,e t.th-; t.th-; it, and said he would cut the heart ' out of the first one thai met him. ( At this poir.t the defense rested, and ' the ease was submitted to the jury ; without argument. After being out akuit thirty min-, min-, utcs the jury relurned a verdict -of not ( guilty, and the defendants were dis-I dis-I charged. I G. Gold limit iv. Dr. Bevans and wife; set for trial on Friday, the 2i?lh 1 inst. The People, etc., vs. Win. Shep-! Shep-! heid, indicted for grand larceny for j stealing two mules tiom Simeon At-! At-! wood, ut South Cottonwood, on the 13th of !at July. The indictment was read and tho defendant pleaded not guilty. The case was set down "for . trial on Friday morning.at 10 o'clock. Court adjourned till Friday at 10 : o'clock, a. m. j POLICE COL" ST, CLIXTON, J., 1'RESlDIXei. The case of tho negro, arrested on a charge ol drugging and outraging a woman, on Monday night, was postponed post-poned till 3 o'clock to-day. Mike Connoley, arrested on Tuesday Tues-day night for robbing W. H. Parks of currency, was bound over to tho Probate Court for trial in bonds of j $-300, failing to give which he was J committed to jail. The rubbery was committed in a Commercial street saloon, Tuesday afternoon. After I picking Parks' pocket, the thief dis-1 dis-1 posed of all the money, giving a female fe-male friend a fifty dollar bill, a little girl and other amounts to elitler-ent elitler-ent parties. Only about was recovered. re-covered. John Kyan w s fine-el Sl.j for being drunk and disturbing the peace. He signified Ids intention ol paying the fine in labor. Mike Fagan, a saloon keeper, was arrested and fined 51UU for selling li-quor li-quor without first obtaining a license. After lying in jail for a few hours, in detaultof payment, a friend settled the bill and Fagan was released. W. A. Donahue was fined i0 lor disposing of liquor on the Sabbath day, contrary to the ordinance. The fine was paid. Seven gambles were arrested for following their vocations of manipulating manipu-lating the pasteboards. Four of the "boys" paid SlOUcach, and the trials of the others are ivt down lor to-day. One drunk awaits a hearing for excessive ex-cessive indulgence, and a hostler is to be tried this morning for drunkenness and disturbing the peace. |