| Show TAKE TESTIMONY I T IN WALKER TRIAl of Store tore Where the Tragedy Occurred Tell of In Incidents Incidents Incidents They Observed Progress was slow In the thc Beers Deers murder case yesterday which was the fifth day dayot of ot the trial In all four tour witnesses were on the tho stand and the of ot the last called was not completed when court adjourned until Monday All AU of ot the witnesses called so 50 far tar have been of ot the Electric Supply Fix Fixture ix ture turi company tho the concern with which Walker V the defendant is connected in a business way war warT The T e testimony introduced so far tar has bos been devoid of ot new features from what wa was as brought out at the preliminary ana aw inquest hearings except that the prose cutton appeared to be laying the ground for tor the introduction of some of ot the I clothing worn by Dr Beers at the time of ot the encounter between him and Val Wai Valker ker and that the defense will eventually claim that the tragedy was brought about abou by a conversation which occurred be between between between tween the two men before the fight start started started started ed It will wUl likely be bo claimed that dur during durIng during ing this conversation Walker Valker was first firs made acquainted with his defile defilement defilement ment meat and that this aroused the heat o ot of passion in which the tragedy occurred and this It tl will be claimed would bring the case within the statutes of the state as being justifiable It is asserted that Dr Beers during the fight tight with Walker was repeatedly thrown in contact with the tool chest ches chesin in the room The evidence taken yes yesterday yesterday yesterday brought out the fact that this Chest had been painted the day before the trouble and again the morning on which the fight occurred which of course would account for the paint stains on the coat worn by Beers on that date I Repeatedly during the tion yesterday counsel for the defense asked the witnesses if It Mr Hull Hun who together with his wife and daughter oc occupied occupied apartments directly above the Electric Supply Fixture store was in inthe Inthe Inthe the place after atter the tragedy In each case the witnesses answered in the negative After Atter ahe abe trial yesterday counsel for the I state announced that they were contemplating contemplating contemplating plating bringing Mr lIr Hull Hun to Ogden as asa asa asa a witness He is somewhere in Nevada and it is likely that he will be subpoenaed subpoenaed subpoenaed to testify Latitude Given States Attorney Unusual latitude was allowed the at attorneys attorneys attorneys for the state in their examina examination examination tion lion on account of the fact that they were employee of the Electric Supply T Fixture company with which concern Walker alker was connected the district at pointing out to the court that the witnesses were not any too friendly to the state It was necessary for tor counsel to repeatedly call attention to given by b them at the preliminary hear hearing hearIng hearing ing and the inquest in order to get them to testify on certain points connected with the case The jurors exhibited keen interest in the proceedings and on severa several occasions asked questions of ot the witnesses from the box It is difficult at this time to hazard a guess as to how long the trial will last It will wUl probably take three or four days day for the state to complete its testimony and equally as long for the defense It is evident that Walker alker will take the stand Stan in his own behalf and it is probable that thai Lawrence his codefendant will wUl be called callec to corroborate his testimony If It either or both of ot these men Is placed on the tho witness stand his testimony will come as a climax in the case of ot the defense Interest in the case as far as it has gone is lacking to a great extent when compared with the keen interest taken In the two preliminary examinations There was but a handful of spectators in inthe inthe the court room when court convened yes yesterday yesterday es morning In the afternoon how however however ever the court room was comfortably I filled When hen a wave of laughter passed pa over the room at a remark made by byone byone byone one of at the witnesses Judge Howell stop stopped stopped ped peti the proceedings and admonished the spectators that If It there were vere any tny more demonstrations he would order the court courtroom courtroom room cleared I At the opening of court in n the forenoon Judge Howell announced that it was essary for liIm to go to Logan to take care of ot some probate matters in which Judge Maughan had been disqualified On this account he stated that he would adjourn court at 4 instead of 5 I In the afternoon He said also that he lie had arranged for the jury to visit the Hot Springs on Sunday Sunda also for them to attend church later In the day da Accord AccordIng AccordIng According Ing to the wish of the jury jur it was later announced that they had decided to at attend attend attend tend services at St Josephs Catholic chur h The defendant Walker Valker arrived in court early eany but instead of occupying his ac accustomed position along the railing sepa epa separating separating rating the spectators seats from the body of ot the court ourt room he changed his chair so that he could be directly behind his counsel His codefendant Lawrence sat zat beside him and frequently offered sug suggestions suggestions to the attorneys R W V Nicol proprietor of the Electric Supply Fix tur company compan also occupied a position at the table of ot counsel for the defense and offered many suggestions In the cx ex examination of or witnesses Bookkeeper Tells Story George Gunnip bookkeeper for the Elec Eke Electric nc Supply Fixture company compan was the first witness yesterday He said knew Walker alker c since the latter part of ot otI September r but that he did not no get ac acquainted a acquainted with him until after the th I ter er He lie testified that Walker arrived at athe atthe atthe the he store shortly I after he had opened till the he place rIace for business at 8 S in the the day on m which the tragedy oc occurred occurred occurred that he lie asked him to send the boy after Lawrence and witness did so that Lawrence arrived shortly before 0 and that he was working on his books in the office when Lawrence came caine in He then took the diagram dla ram of ot the I floor plan of the building and pointed out the different portions of ot it itHe ItHe He Hf asserted that some one called on the thet telephone t and asked for Lawrence who was vas in the rear at the time that Law Lawrence Lawrene rene rence was called to the phone but h he could not remember anything that he had said The district attorney called the attention to his hi testimony at the preliminary hearing to refresh his mem memory ory after which the witness stated that he heard Lawrence tell the man at the theother theother theother other end of the line Une to call can up the store that Mr M J Walker Valker wanted to speak to him He Walker was In the rear of the place lace 1 but came forward and instructed Lawrence to convoy convey this message for him stated that his conversation took place about 9 and Immediately thereafter the two men went to the rear of the place Before leaving the store storeroom storeroom storeroom room he received Instructions from Crom Law Lawrence Lawrence Lawrence rence that if any trouble occurred he was to lock the front door The witness tes testified testified testified Dr Beers reached the store about five minutes after the telephone conver conversation conversation that he Ie carried a hand satchel and went to the rear of or the tie place when informed that Lawrence was there The scuff next attracted the witness attention He then locked the door It was but two or three minutes after Beers arrived that the scuffle started Shortly afterwards some one started to yell as one would If In distress The cries Gunnip said were repeated a IL num ber of times but he did not notice whether er there wa scuffling after the yelling started or not and he did not hear any distinct remarks marks r made by the he themen themen hemen men He did hear however some ome one lnA say sav sa once but he did not know whose voice olce it Till Gunnip testified that some time lime after the scuffle started that Lawrence tp z t p at the door leading to the work workroom war workroom Ie room and when Miss Stone the steno teno stenographer stenographer grapher left the store he comman that the door be kept closed He then referred to several persons who came to the street door but could not say sa If th thy y tried to get in Questioned further as to whether he heard any a y distinct remarks emanating from that part of ot the t e build building ing In which the fight occurred ha h said that either he had heard or some one had nad told him that some person cried out My God Walker dont kill me I The Tao witness further testified that Law rence Sence came into the store room after the he encounter and instructed Herdti Herdt another mother to get a hack To many man other questions put to him by the district distrct at torney the witness s said that he h did di not remember He testified however how ver that ne he h went into the rear room about 10 o 0 clock some time after the trouble was over and saw blood in several places on llie the floor lo r on the lumber that thil was stored in the room as well as ts IS n fl the walls He said there were aso aISO Mood load marks close to the spot of ot freh fre paint paInton 9 on Jn floor of ot the room Gunnip stated that he saw a pocket knife Linger finger Ing r nail huh file rile watch and a par pair p r of ot glasses lasses on the n floor loor or He did not know whether the i watch was broken or not After ques questioning the witness regarding fresh paint paInton I on a tool box which stood In the room r om where the encounter occurred he lie was turned over to the attorneys for tor the tha d J I for crosse To the most of at the questions put to him by Ly y AttornEY Hutchinson Gunnip stated that he hf h did not know or did not remember and ard that his recollection was poor ioor ts s to what was said s d and done He lie Wu n nc c at as a to the language used as M well as to the exact time of ot the incident brought out on direct examination Coun Court Courts Couns s 81 1 l for defense him if It Mr How Howell ll hid had been boon in the store either in m the fore tore I noon or afternoon i I On redirect examination stated I that Beers amp oame in about 9 0 md nil that the fight started about min man minI maiI manutes I utes later that at one time when Law Lawrence LawI Lawrence rence appeared at the door leading into I the store from the work room ho he zip up to be excited On re Mr Hutchin Hutchinson son tried hard to confuse the witness with regard to the first instructions given by I Lawrence to him with regard to leep ing In closed the door in case trouble oc occurred occurred I but the witness stuck to the lie story stor as told to counsel for fol the state Gun Gunnip Gunnip Gunnip nip Identified the watch round found on the floor after the encounter and was then excused Stenographer on Stand Miss Edith Stone stenographer was the next witness for the state Her tee tes testimony tt 8 largely corroborated the testimony given by the previous witness Slip She stated that it was she who answered the tele telephone telephone phone call and said that Mr lr Ir Lawrence was inquired for tor When she lIe hear hearl the scuffling in the rea room site siw ne put en cn her hat and left the place Vs ts s she was go goIng goIng Ing out through the street door she sh heard h ard Lawrence direct Gunnip to close clos It On n Miss Stone saM said that she was not certain about the exact words used by Lawrence but said sald th that t they were in effect as expressed by her herself herself self and the previous witness Before she left the stand a juror inquired whether er Or the door had to be unlocked before Lefore she could leave the place and she an answered answered In the affirmative Walter alter Bachman a for tor the same company compan was then called He was in the work room when the trouble start started started started ed and was attracted by b the scuffling Shortly afterward he went front to lo the salesroom He saw Lawrence Beers and Walker Valker in the room where the tho tragedy occurred He saw blood on Beers face on the right side Beers and Walker r were standing face to face six or eight feet apart Some time after ne reached the store room he heard some somo one cry Oh or Ouch He heard this re repeated repeated repeated several times He said that this cry sounded as if it It came from a man who was being hit or hurt The rest of his testimony largely la ely cor corroborated corroborated corroborated that of the other witnesses On he said that the distance from where Walker Beers Beets and Lawrence were at the time the scuffle scuttle started was about forty feet teet from where lie was working He said he heard mumbling mumbling mumbling ling but no distinct words Lawrence Herdti another was the last witness of ot the day His Ills testimony testimony testimony mony was largely the tile same as that of the witnesses who preceded him He tes tea testified testified tilled that the tool chest in question had been painted on the day before the trag tragedy tragedy tragedy edy occurred and again shortly short after he arrived at the store the next morning He said he obeyed the instructions of Lawrence and went to the Allen Trans Transfer Transfer Transfer fer company compan and secured a cab which was taken to the rear of ot the store He called to Lawrence and then aided the latter In taking Beers to the cab In describing Beers condition at that time he said sald that Beers appeared to be drowsy and hung his head that his mouth was was bleeding and that there was wis blood on his nose He said that the face of ot the injured d man was dark and that when Lawrence commanded Beers to get getup up the latter replied re lIed I cant cantOn cantOn cantOn On said that Beers had a towel in his hand when he aw saw him and he lie did not hear him say anything either to Lawrence or the driver of the cab cabAt cabAt cabAt At this point adjournment was taken |
