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Show THE IUCKS' TRIAL. The Trial at Malad City Commenced. Com-menced. In the case of Maroni Hicks, Tuesday, the jury was completed in a few minutes min-utes alter tbe court met, and the case was stated to.the jury by Mr. Higbee, of the prosecution, in a very fair and j impartial manner, when JameB Johnson John-son was put on the witness stand, who testified substantially as follows: ( Am 25 years of age; reside at Logan, ' Utah; was at the Sand Holes, in this (Oneida) county, Idaho, on the 29th of May hat; was in the store of Charles E. Jobnaon; Baw the prisoner come in and ask Johnson if he had whisky for sale. Johnson replied that he bad two kinds of whisky, one kind was 50c. per pint, and one kind Isold for $1 per pint. Hioks bought a pint and paid $i. Johnaon put the whiskey in a bottle and gave it to Hicks. Hicks tasted it and asked Johnson if he called this good whisky. , Jobnaon said he did. Hicks then , said if this is your best I pity your poorest. Johnson said that Hicks was a fool, or any other man that did not call that good wbisky, whereupon tbe prieoner o tiled Johnson a "3 d d d liar." JohnBon then called flicks a "son of a b h" and turned around, when HiokB drew a revolver and shot Johnson, who fell instantly. Johnson was behind tbe counter when the shot was fired. Hicks fired two shots and then went out and took the piatol with him. Tbe witness then stated that he helped to oarry Johnson from behind the oounter. He saw a revolver on tbe floor, two feet from Johnson's hand. Johnaon moved to ward where the pistol lay as he fell. The pistol was a good-sized one. Here a diagram of Johnson's bouse was shown the witness, which he recognized as being correct. The witness then Btated that Hicks shot Johnson under the left arm, and the ball came out near the right nipple. The ooat of Johnson was then brought in, and also a pistol; tbe wit ness recogmzeu tne coat aB being the one Johnson bad on at the time he was killed, but could not tell whether thaT was Hicks' pistol or not, but it was like the one he need. Cross examined From the oounter to the shelves it was about three feet; thought Johnson's hand was down; tbe pistol was on the right side of Johnson, about two feet from him; Hicks was not angry when he came in. The witness then reiterated a portion of the evidence concerning Jonhson, calling Hicks a "a n of a b b;" witness was not exouaed, Alvin Henderson was the next witness; wit-ness; was 17 yoara of age, and resides at Clifton, Idaho; saw tbe prisoner Hicks last May; did not know Johnson; John-son; was at Band Holes in May last; was there when Johnson was killed; himself (the witness) and others were going by there to look for work; I the prisoner was going with them for the Bame purpose ; the names of tbe other young men that were with them were Joseph Aehton and Alma Vales; they all went into the Btore of Mr. Johnson; James Johnson, the first witness, was also there; Hioks asked Johnson if he had whisky for Bale; Johnson replied tbat he had two kinds of whisky one kind at 50o. per pint and another kind at $1; H. told J. tbat be would take a pint of bis best; J. drew a pint, put it in a bottle, and nicm paiu mm jl ; niciia tnen banded the bottle to one of the other boys; the boys all tasted the whisky, then banded the bottle back to Mr. H., who poured out some into a glass and tasted it; H. then asked J. if be i called tbat good whisky; J. replied that be did; H. said he called it any-I any-I thing but good wbisky; Johnson said that Hicks was a d d fool, and did not know good whiBky; 1 LLiolttj oatlod JoIiubou 'Q U d U liar;" then Johnson called Hicks a "d d son of a b h;" Johnson turned around and made a apring for a pistol tbat lay on the shelf; had seen a revolver laying on tbe shelf when they first came in; Hicks fired two shots at Jobnaon, who fell behind the counter; tbe boya all went out, Hioks coming with tbem and bringing bring-ing bis p 18 to I in one hand and the bottle of wbiaky in the other; Hicka went to the wagon tbat tbe boys came in aud said: "Let us go; there are too-many for me here." The boys refused to let Hioks have the team. He then went away on foot aaroaB the prairie. Cross-examination Saw Johnson reaoh for bis pistol which was laying on the shelf in the store before Hicka drew bis pistol; saw tbe pistol laying on the ahelf before the quarrel. Hicks Btopped to get the whisky to treat the boys; don't know who drank first; stood on tbe left of Hicks when be fired; tbe boys were all excited; Alma Vales oame out before Hicks drew his pistol. |