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Show COURT PROCEEDINGS. Third District Court, McKean, C. J,, Presiding. DICEMIiKR TiSBM THIBTY-TtllRD DAY. I Wednesday, Feb. 10, 1875. Court convened at 10 o'clock, a.m. The following aliens were admitted to citizenship: Richard Kennington, Thomas Jack, George Law, William II. Spiers, Jamea Peterson, Charles F. Myer, John P. Fiost. O. F. Strickland vs. Flagstaff S, M. Co.; so much of tho order made on Tuesday as dismissed the cause, was set aside. S. F. Nuckols, ct al. vs. Georgo Clark, el al.; Hempstead and Kirk-prtrick Kirk-prtrick outered Uieir appearance as ittornoya for defendants, and wore ;rantod time to plu;id till the motion .o dismiss the case could be argued and decided. Sumuol Smith, ct al. vjs. J. M, Richardson, ct al.; defendant asked that a restraining order be granted. Parley L. Williams wns appointed a referee to hear the argumonts and report his finding, and in the meantime mean-time that a restraining ordor be issued, is-sued, the bond to bo fixed at $5,000. Tho people, etc. us, J. B. Czachort, indictment for asttault with intent to kill; set for trial on Feb. 25th. The people, etc. iv. Philip Shafer; indictment for the murder of Peter I Van Valkcnberg; district attorney Carey for tho prosecution, McCutchen and Dilley for the defense. After aeveral juros had been challenged for cauBe, and otheia peremptorily, the following jury was sworn to try the cause:-Aroot L. Hale, Charles P. Westcott, Joseph W. Watson, Anthony An-thony Metcalf, Peter Bell, Benjamin M. Da Rell, Henry W. Lawrence, ' Henry Simons, Franklin Morrill, I Aaron DeWitt, A. M. Mortimer, Ed- mund Eldredge. The first witness for tho prosocu-tion, prosocu-tion, was Alva Tanner, a resident of South Cottonwood, near Union fort. He testified that he was acquainted with the deceased, Peter Van Valk-I enberg and also with the defendant. witness and others found the dead i body ot Van V. lying on the road behind be-hind his wagon, between Sandy and Union fort. Witness went to Sandy to give notice to the justice of the peace, and on returning, found that justice Richards, of Union fort, had been informed of the killing, aud had ordered the body taken to his residence, resi-dence, where an inquest was held. There were nine bullet wounda in the deceased. Some of the bullets had passed through fhe hand and lodged in Van Valkenberg's pocket book, and five penetrated the left side of the body. Shafer was not present at the inquest. Previous to the murder, 1 Shafer was living at Union fort, with W. B. Kelly, also under indictment1 for the same murder. Witne&B saw neither of the accused on the day of the killing. j Thomas J. Fox, for theprosecu-! tion. Lived near Union fort; was acquainted ac-quainted with Shafer and Kelly; knew Van Valkenberg, but did not see him after he was killed. Van V. was killed on the 18th of February, 187-1, about a mile and a half from Union fort, on the road between that place and Sandy. At the time that Van V. was abut witness was on the road from Sanely to Union fort, going towards the latter place. Left Sandy about 4 o'clock p.m. Did not see Van V. at Sandy. While in Sandy on that day was at Gray's where he saw Shafer and Kelly. Witness borrowed a horse from Shafer and started to go on horseback, to Union ; went by the lower road, while Shafer and Kelly were on the upper road. At first he saw the two men going through the sage brush, but did not know who they were. Afterwards ho saw only one man, who was dressed in dark clthes. At that time saw a team going towards Union fort, near where the two men were. The man in the dark clothes turned around and raised up one of his hands. Witness then heard the reports of i two shots close by the side of the wagon; saw the smoke from the weapons, and the man fall oft the wagon. A man in brown clothes jumped p, and ran around the team as if to stop it. The two men, one in black and one in brown, then went towards witness, who started to go away, but they shouted at and he stopped till they came up. The men were Shafer and Kelly. They told him to jump oil the horse "g d quick," which he did. They threatened that if ever he mentioned anything about what he had seen ( they would kill him. Witness asked j w io the man was that had fallen off ( the wagon, when Kelly said "Old Van, the old son of a b h, he'll never cause mo any more trouble." 1 Shafer and Kelly then took the horse j and went together down into a hoi' , low. Witness went back to Sandy. He next saw Shafer and Kelly that 1 evening at Sandy. Shafer came to i Mra. Graham's, where witness was, and said that Kelly wanted to see witness, who went out of the house and met the two men. They wanted him to-take a pbtol and lay it down by Van'a body. Witness told them to wait a lew minutes and he would be back, and instead of going into the house he went behind it and got away. Afterwards he saw them both start away from Sandy. Did not f know of any plan between the parties to kill Van V. Shafer was the man in dark clothes. Kelly came to 1 Gray's, in Sandy, about 11 o'clock in - the morning, and Shafer about 2 o'clock p.m. of the day before the killing. Kelly asked Honry Gray for a gun. The two men thtn went out of the saloon and in a little while t Shafer returned and asked for the gun that Kelly had borrowed. Gray gave him the gun. Shafar went to ' the back door, shot it off, then re-' re-' turned it to Gray, who took it into a i small room off from the saloon. In a short time Shafer went into the room, got the gun and carried it out. Witness next saw Kelly and Shafer where the killing was done, which was. half an hour afterwards. The next day Shafer and witness conversed con-versed about the shooting, when S. threatened that if witness told any- -thing concerning it he (S.) could raiao up any number of men who would kill him, and exhibited a pin a square and compass. After seeing the killing, when witness went back to Sandy, he told Georgo Graham what had occurred. In answer to questions by the jurors the witness said that when Kelly and Shafer came to him, after1 the shooting, they had a double-bar- reled shot-gun with them. Pending tho further examination of this witness the jurors were ex-, ex-, cused till Thursday morning, at 10 o'clock, to which time court was , adjourned. |