| Show e tebia aint alie HE CLAIMS IT WAS IN SELF DEFENSE the case argued and given to the jury on friday boss the murderer of stokes took the stand and told tha following story 1 I am 45 years of age was born in covington county indiana removed from there in 1888 came to utah in february 1888 the army in june first enlisted in the ninth new york cavalry I 1 was 17 then in january again ec listed this time in the sixty third indiana was private at first was in the second corps army of the potomac was afterwards transferred to the twenty third army corps when mustered out was first lieutenant was in in sixteen or seventeen battles was with Sh errman on his march to the sea when I 1 came to utah I 1 was engaged in the U S marshals office this was in juno I 1 was a bailiff of this court three or four weeks before september ast 1st I 1 bought a pistol at deputy E A franks suggestion the weapon was a smith wesson I 1 carried it in my right hand pants pocket carried it most of the time after I 1 purchased it on september ast 1st I 1 was with mr walcot looking after some church sheep for mr dyer got back to the city about 9 p I 1 m I 1 went into the saloon an old blind man was there and raised up at the same time talking in an angry tone about some one who had thrown beer on him there were some young men there I 1 told the old man not to pay any attention to them ono of the marsdend Mars dens came up to me and said who did you say you would fill full of holes I 1 fhaid I 1 did not soy I 1 would fill any one I 1 walked out and he followed me and repeated the question I 1 denied having said such a thing and we shook hands he went back and left me in the hall I 1 stood against the door a scuffle commenced in the side door of the saloon ona of the parties was c large man and he pushed a small man against me I 1 asked them to keep off then dan bench came in and they moved away from me then another scuffle began dan bench went in and a large man caught him and threw him down judge borreli took hold of bencha assailant and said to thib man I 1 started up and the man struck me on the forehead and knock edme out on to the sidewalk mr bench and judge borreli had hold of him I 1 took hold of him again and we dragged him to the door he caught hold of the door and ft tool all three of us to get him out judge borreli told us to lock him up we up the street he struggled all if the way I 1 had his right arm he threatened that if I 1 would not let go he would do me up I 1 made no reply he asked bench where he was going to take him bench said to the cay hall he said he would not go bench then turned into the drug store when he got in bench turned to mr smith and asked him to telephone to the city hall ho was looking at mr smith and away from us made a struggle and struck at me with his left hand I 1 had hold of his right is we stopped ho put his right hand down to his side and back I 1 drew my revolver instantly I 1 thought he was going to get a g un from his hip pocket 1 thought my life was in danger I 1 fired almost instantly I 1 could not say how many shots I 1 fired there must have been moro than one I 1 simply kept pulling on tho pistol whon crossing second south street or at any other time I 1 did not say to stokes til put a ball through you I 1 never called him a liar dan bench never told me to go back never said I 1 would fill anyone full of holes never made any threats bad no scuffle in the saloon or hallway except as 1 have stated neither of tho marsden seized me at the time I 1 fired I 1 did not have my hand on stokes shoulder he had broken loose from bench and turned and faced me I 1 was arrested about twenty years ago at covington for assault and battery the other man was arrested too thai was the only time I 1 was over arrested on the morning of the first of september I 1 wore tho same clothes inow have on fryer never came up to mf in the saloan never laid his hand on me and said a word to me I 1 never carried my pistol in my hip pocket because it was too shallow 1 do not know how the holes came in my hat to mr hiles I 1 am of sound mind and good memory I 1 have never been addicted to drink had taken two or three glasses of beer during the course oje the day on our load to sandy and return fejt sandy about A that evening I 1 came by vate convey ance know M M kaighn the lawyer law him at sandy 1 was not under the influence of aquor then 1 was perfectly sober when thib happened there was no timo during the transaction that I 1 was not in full possession of my mental faculties save probably for an instant I 1 would say according co my best judgment abel 1 was not out of the full possession ol 01 my f abul acul ti es 1 was not angry abc thac time of the shooting nor when the conflict took in the hallway save for an instance when he iii me as soon as I 1 had hold of stokes again however it all passed awa and 1 was cool up to the shooting stokes knocked mo down it is true but I 1 did not think anything about it during the walk between the wasatch and he drug store my mind was occupied in getting that man to the lock up as I 1 was directed on crossing the street I 1 thought I 1 was in ani danger this was the first time x thought hu was a dangerous man from the remarks that he made 1 thought he was armed I 1 did not search him I 1 thought that would be attended to later when he said he would do me up I 1 took hold of my pistol lean give no other reason for not searching him or demanding his weapons do not remember that either of us called the other a liar to the best of my recollection that is not true I 1 heard winters testify that I 1 said if yon dont come along m pub a hole through you but that la dotso X never saw if aid win thompson winter or manasa before and I 1 do not know that I 1 know anyone they know could not say whether they are enemies of mine or not I 1 do not know whether the deceased was armed or not I 1 siw s iw no evidence of anything that indicate that he was armed when the shooting occurred we were about ten feet inside of the door bench and the deceased and I 1 were all together I 1 remember that bench requested smith to telephone for a policeman I 1 glanced towards smith and at that point the deceased commenced to struggle do not remember seeing dr richards that night the case was argued and given to jury saturday afternoon but up to an early hour saturday morning they had not agreed on a verdict |
