Show ma J trial OPENING ARGUMENT the killing as witnesses on tuesday the anal of boss for the murder of charles gilman or stokes as he was better known was commenced before judge sandford in salt lake city two of the ablest lawyers at tho bar W H dickson and judge powers defended the accused sat near his counsel and alongside of him was his father an aged gentleman who had come on from the east there was a large attendance in the court room owing to tho general interest in the case the homicide oc currod on september S 1888 was employed as a bailiff ia the third district court stokes was a young raan about 25 years of age his real name is gilman his mother being left a widow married again and he was en orally known by the family name on tho date named th ere waa a quarrel in the hall leading to the federal loom in which several parties were engaged D W bench deputy marshal interfered and stokes took a part in the melee he was arrested by bench who took him over to smiths drug store to telephone for the police aided bench in making the arrest but the latter told him to go away as stokes seemed to have an aversion ho did not go however but continued with the two his object being to assist the deputy on going into tho drug store the police were telephoned for stokes endeavored to shake off when the latter for some reason yet unexplained drew his revolver and fired three chota at placing the weapon close to hia breast stokes fell forward dying almost instantly was arrested and at the preliminary examination was held without boldn to anscar tha charge of murder the prosecution was represented by district attorney peters and bia assistant ogden hiles on tho calling of the witnesses james and amos marsden and B S M jenkins were absent being out of the territory tap to wednesday afternoon at 4 0 clock waa spent in securing a jury at that time the box was filled however and tho case opened by tho prosecution tha indictment charging with the murder of stokes was read by mr egden hilos who stated the case in an appeal tha first witness called was robert M pryer who said I 1 knew charles oilman who was sometimes called charles stokes I 1 do not know the defendant I 1 saw him on the night of september at the wasatch saloon amos marsden and james marsden were also there I 1 was intimately ti acquainted with stokes having known him thirteen years the defendant on the night in question was having a row of some kind when I 1 stepped up to part them I 1 went up to maraden and asked him what was the matter marsden replied that the defendant had threatened to fill him full of holes just before this occurred james marsden threw a portion of a glass of beer over amos and alex watson I 1 told aroy that the beer was not intended for him I 1 told amos and the defendant they had better shake haada and make it all right thoy did so and walked toward the north door of the saloon where I 1 left them I 1 went out of the front door I 1 do not know of anything occurring in the hallway during all the time this was going on stokes was in the saloon which he and I 1 entered together between 9 and p m stokes had not been drinking before we went in if he had been the influence of the liquor was not visible to me neither stokes nor I 1 drank in the saloon to adickson ickson JD I 1 make in the summer and do what I 1 can ia the winter I 1 had been drinking a little in another beer hall with stokes and tho two marsdend Mars dens it ie not true that I 1 was under the influence of liquor to such an extant that my clouded I 1 renumber an old man being there he was angry because someone had thrown beer on him I 1 told that if any of the beer went on him ittai not intended for him to hilos there was about a dozen people in the saloon at the time there was but very little loiso 1 testified befaro tho coroner I 1 think I 1 said the defendant had his hands behind him I 1 did not testify according to my recollection that he put his hands behind him as if to draw a pistol to dickson I 1 heard nothing of the racket in the hallway although I 1 remained in the saloon think I 1 could have heard a row if there had been one alexandea AlEXAN DEH I 1 kew charles stoked also james maraden and amos marsden I 1 saw mc J manamy on th eight of the lat of september 1888 he was in the wasatch saloon between 9 and stokes was elso there he came in with marsden I 1 saw a dispute between the defendant and amos mars den jim marsdem threw some beer 1 on amos some of it went on an old man sitting there the old man got up and grabbed a chair said something to the old man and told amos Marsden he would fill him full of holes several more words passed between them which J did not hear and then amos and left the saloon together later on there was a row in the hallway I 1 heard a noise and as I 1 went out eight or tea men were all wedged in together stokes had hold of bench someone in the hallway about the size of drew a pistol I 1 did not stop to examine it I 1 went right away down the street stokes and deneh were near the foot of the stairs to dickson drew a pistol in the hallway I 1 think I 1 did not examine the man closely but it was a man about his heights heigh th I 1 labow clobert fryer he and the marad ens are related I 1 believe I 1 was duly sober that evening amos marsden wag not very drunk it is not true that tried to quiet the row when the old man was angry he came up and he and marsden tried to explain the throwing of the beer on the old man I 1 did not see fryer talk to at all court adjourned until thursday morning at |