Show WHIR mm TRIAL I 1 A crowded courthouse at beaver to hear it DEFENSE CLAIMS ACCIDENT accused thought it loaded but bad tricks testified to of his alg doing the provo grand jury angry at premature publication that fifteen cent indictment court notes TRIBUNE SPECIAL beaver utah nov 16 the courtroom was crowded all day today with spectators who came to hear the evidence given lit in the hagestead murder trial two or three witnesses on the part ot of the prosecution who had bad been eyewitnesses eye witnesses to the tragedy were examined today and their testimony was necessarily much the same as aa that of the first witness mr Henr loot of panguitch Pan gultch testified that he was well acquainted with the defendant fen ien dant darit and that in a conversation with him two or three days previous to the homicide defendant told him he was waa going colne to kill an indian before he left panguitch but that witness thought him only talking through hla his list hat and paid no attention to it until after the homicide proctor a member 0 of f the grand jury testified to belne being present at a court counsel set between hoge stead and his attorney and other witnesses of panguitch when defendant and others related the circumstances ot of the iho killing and in fit which defendant with others agreed that he asked the indian immediately before the shot ars fired it if he wanted to dlo die and again it if lie was ready to die the prose prosecution u t n lon closed this afternoon and mr ca baum a u made his opening speech on behalf ot of the defendant in which he said eald it was waa simply that of an accident pure and simple the defendant was the first witness tor for himself ile he related the story etory ot of the killing lery cry much an aa the first witness but insisted that he did not speak to the indian at all ill much less to 10 ask him if he was ready to die lie ile had bad known the indian for some time and they were tho the best of friends was mas 27 yeats old had a fair school schooling schoolen ln G had been engineer on locomotives tor for bout about three years and had been in panguitch Pan gultch tor for the last ia it four years herding s sheep beep and the like he had not drank anything on the night of the homicide bu but t was around with the boys in the a saloon playing cards some come of tho ti time m ile ho was talking talk lne with others in the when fotheringham who W was 1 sitting tho ill 9 beside him took an old pistol 1 0 off if the case board and d was playing with it when defendant asked him tor for it and began ana snapping ng it as aa h he e had seen d do 0 and thought it was not loaded cilc when to his surprise it discharged and when wh e lie ho saw w hat he had done exclaimed cl M my Y go god I 1 did not know it was loaded loaded the defense put on a witness or two to prove the good character of the accused on cross examination judge thurman elicited the tact fact that defendant had bad been in rows with different persons and that on several occasions ho he had made people come up and drink with him at the point of his six shooter all the witnesses including those for the prosecution lean strongly toward tile the defense and apparently make matters as light tor for him as possible the case may not bo be finished till next tues bues day |