Show THE BANK billston 0 on trial for planning the jol AND ALLIED DOWN FROM THE PEN TO TESTIFY the evidence all lu and the arguments bains made the case of E A billington charged with to rob the first jl bauk at ni alii came up for trial belore judge judd yesterday afternoon david evans and J L rawlins prosecuted the case and mr W H dickson aej judge 0 W powers con ducted the case for the defendant after the em paneling of alie jury judge dickason aaker an order that the witnesses be excused from the court room the order was granted and at least two score of witnesses and withdrew air evans stated the case to tho jury for the prosecution in the course of his remarks mr evans ev ans stated that the scheme to rob the bank was planned bv the defendant in san pete county though tie had no personal participation in the act Cli arles allred and jo justensen were connected with the defendant in this projected robbery alma hague cashier of the nephi bank was the first witness he eaid the bank had in possession at that time in deposits about witness and mr were in the bank on of november last about half past ten in the morning two parties with blacked faces came in and asked to exchange some currency for gold mr stone was just then about to pass them to go ut when justensen told him to stop and leveled hia pistol at him stone made a jump and got out at the same time jus lensen allot aifred told justensen to follow and look after stone at the feime time allred had his pistol pointed at me I 1 pot below the counter and finally out of the bank when the two men ran north I 1 got a gun and tried to head them off before they reached their horses three blocks away counsel for the defense stated that they did net oppose the fact that there had been an attempted robbery of the bank and would admit that allred and justensen Justen aen were convicted of the offense find were now servin gout terms as punishment in the penitentiary jacob johnson attorney of spring city sanpete county was called he testified that he was acquainted with defendant defendant and justensen Jua were in 1887 engaged together in the butchering business heard of the attempted robber and waa then in spring city I 1 received a telegram from justensen and allred stating that they had been arrested and were then in jail saw billington that day I 1 met him and he followed me to the telegraph office in a conversation there someone said the bail would be heavy defendant said there would be more than one charge against them I 1 asked him what lie meant and he said allred and justensen were not nimg their horses and they would have been d d fools to ride own horses afterwards aid their hersea were tied up in the lulls this was een 3 and 4 0 lock on november all the information received then was that the boys were held prisoners for something connected with the bank there was nothing positive or very definite abent the telegram went t nephi next moraine defendant ti there also and I 1 think he regained there two days to mr dickson dont know that defendant when in nephi that day purchased lumber etc am related to justensen have advised allred and justensen to disclose the names of any others who were engaged with them in the plan of robbery told mr hiles the district attorney that if these boys would make a clean breast of their 01 tense they ought to be dealt leniently with justensen and alfred for some ime denied they had accomplices lt was after gi ing them advice to disclose who the accomplices were that admitted billington was an accomplice when I 1 pot the telegram in spring cit I 1 did not know what the offense wag while I 1 was at the telegraph office the affair was characterized among those who were around as a jesse james transaction joseph justensen took the stand I 1 am at present serving a term in the penitentiary for attempting att to rob the nephi bank billington Billin and I 1 ran a butcher shop together june to october 1887 had a conversation aith defendant in the forepart of november in re to robbing the bank he told me that the bank earned considerable money and it be easily pot by two or three men who went together two could easily hold up the cashiers force them to the vult ault make them put the money up in and then icca the cashiers up in the vault I 1 thought it would be a good plan for two to po and the third to stay away so that he could help out of the country if it were necessary we had several talks about it allred and I 1 after that biad a talk beliinda the coop co op etora at spring city and lie said he nad a con with billington but wanted me to make the arrangements I 1 told him that billington and I 1 to take our own horses into the canyon and leave them there and we w ere to take two strange horses into nephi it as aho understood that if we success ful and got aft ay we were to stay in the mountains three or four dais and then at night come tu spring city to billing tons room and lie would help to pet us out of the country billington furnished me a small black this cap was on alie and he saddled my horse for me we had a talk in my brothers yard billington said we should be careful ani if we got caught he could help us out of the counte jail he was to come and pass shooting shoot ipg irons into ua with which we might hold ap the jailor we were to hide the money in the west mountains and if all haq right to share equally and put the money into cattle and horses it was thought that if we rode our horses into nephi somebody might us and bo we thought we had better leave conr horses in the hills and take in strange ones a black cap was shown who identified it as the one billington gave him they were to wear old clothes when in nephi and take them off and burn them when they got into the hills billington aeed to tell me that he came from missouri allred and I 1 went into spring city liello on the and cor baled the horses and then went into the hills that night we camped at fountain green and next mornin went into salt creek canyon tied our horses up changed our clothes and went into we walked around finelly we wn aiato iato the bank I 1 pulled my six k stone and acred pulled his on baue haue stone threw up his handa but sot away and I 1 went after him allred was left but hague got a pun und finally we ran to the loner part of town a crowd following wo were arrested and afterwards plead guilty after tho arrest I 1 told a man where our horse were and he went after them un the paw billington in keahi we spoke and shook hands actor I 1 got out on bail I 1 spoke to him again in baring cay we met in my brothers yard I 1 brought him there to read a letter I 1 asked him if there was a private mark on the cap tie said for gods sake dont ret me into it and I 1 told him that he had pot himself into it by remarks he made he said if wo would not bring him into it he would kielp us out of the trouble this interview was brought about so that the other parties who were concealed could hear the conversation he said he married now and for gods biake not te give him away the witness was put through a most severe cross examination by mr pick 00 oo in the course of the examination witness said the substance of the letter he gave to bauington BiU ington to read intimated that there was a private mark on the cap w aich showed that some other party was mixed up with the robbery and it would be belter for him justensen to make a clean breast of it and admit who the third party was aliis was from jacob johnson I 1 became satisfied that billington Billi naton was discouraging parties from going my bonds Cli arles allred I 1 am one of the pari ties who attempted to rob the bank and I 1 am serving out imprisonment in the penitentiary before the robbery on the irth conversed with billington in spring city he asked me if I 1 wanted to go into a scheme to make some money j I 1 said yes and aaker what it was and lie said it was the nephi bank he then said you see justensen to mr dickeron that was the beginning and end cf the conversation billington and I 1 were not particularly ac remember sheriff turner offering to help me all lie could if I 1 would repeal if there was anyone else in the business dont remember saying to samuel allred in provo that I 1 know whether billinton waa in it or not but that I 1 understood from justensen he had something to do with it tell samuel allred that billington was to ibave horses stationed between salt lake and to rescuers heard that billington Billing tou would not go our bonds justen en told me all about the plan and I 1 understood billington ass the bead and front of the whole scheme simon P beck I 1 live at spring city was present when alie telegraph baws was received on november ton was there I 1 made the remark that it was equal to a jesse james trick billington said there would bo more than one chargo against them some one asked what other charge would there be against them and billington answered that they were not riding their own horses billington and I 1 rode next morning to nephi billington daiil joe justensen Justen seu had acted quite distant boward him for a week or two and anything to say to him billington remained in aepli i days I 1 went back after him justensen Jua and billington had been in business together butchering butcheri ag to mr dickson the news came before I 1 went to the telegraph office I 1 went there with mr johnsen court adjourned until 7 p m andrew olsen testified to a conversation with billington Billin glon that occurred in the afternoon near alie coop co op store in spring city billington asked him if he had heard the news and alien went on to say that joe and charley had ai tempted to rob alie nephi bank and had got caught witness testified to being concealed in alick Justen sens stable at the time of alie conversation between joe justensen and billington on that occasion justensen Just easen said to billington you know you turn ched the cao and promised to help out and you were to set your share of the money you know d d well you opre the first to start this tiling and were to keep us out of the country yes answered billington and ill do it yet the court did you hear billington say about justensen giving him away witness no sir to mr dickson have not taken more than an ordinary interest in aliis case I 1 am a cousin of joe austenson Ju stenson alie con ver aaion occurred on february 28 1888 I 1 wrote it down soon after I 1 read it today to day and committed it to memory mr kofford sent for me one evening and said I 1 think we douht to write down what was said so that we shall not forget it when wanted we did so and that paper contained what I 1 recollected as well as everything kofford recollected hans nielson I 1 saw billington and Juste risen talking together on the morning of the at the springs alick Jua tenson to the same facts as andrew olsen this witness referred to the talk at the heleg aph office one man had remarked it wag an another jcsse james affair and this witness responded by saying it was a d d eight worse the james brothers did not ride any d d roan sore back hornea and sitlington Bit lington said there would be more than one charge against them and dont you forget it this witness version of the stable conversation was substantially the same as alsena Ol sena kofford stated that he was behind the manger and heard most of the stable conversation he also gave the olsen version witness said he wrote it down and tried to commit it to mem 01 y there was considerable amusement created by the fact that the oliree witnesses olsen justensen and kofford repeated the stable conversation with scarcely any variation the prosecution rested john y rollo was called as the first witness for the defense he testified to a conversation held in the nephi jail with joe justensen in the presence of allred justensen said that they had tried to get another party to help them but he had positively refused the witness was reporting for the nephi ensign at the time and he was inter wing the prisoners to mr rawlins told me that this other man was going to help them but he was too much of a coward and had backed out court was then adjourned until this morning at 0 the jury being discharged until that time the trial of E A billington was resumed this morning bishop jas A allred testified that sometime after justensen was admitted to bail lie came to witness and said that bis mother had advised him to come and get his advice in that conversation he said that no one but charles allred was engaged with him in the plan to rob the bank that no one else was concerned in it ha said he and charley going to mount pleasant had talked up llie scheme of robbery witness advised him to reveal the fact if there was any one else engaged in the plan and that it would be all the better for him samuel allred remembered having a conversation with charida allred at the excelsior house in this city in which that person had said he know that billington biad anything to do with the affair except what told him and that billington Billing ten was to have horses between salt lake city and alic penitentiary to enable them to escape this conversation occurred sometime between march ast 1st and ath niels adler was in nephi on the day after the robbery robb pry and the fo lowing day paw billington Billin gion who was engaged in purchasing goods and trading lumber gross examined am a arother in law of defendant E A billington the defendant I 1 have lived in spring city about eleven vears sly butcher business with jus ceased at the latter end of july I 1 was 22 of age when I 1 left missouri the cap to by justena en was mine I 1 used to wear it when car ring meat I 1 left it in the butcher shop had a conversation three days belore the robbery had no other conversation previous anstenson Jn stenson said he was thinking of doing something des berato wd wanted me to go with hilj told him I 1 would have not liin to do it and advised him to abandon such an idea justensen then went on to tell me how he was going t do it he would get strange horses and go into nephi etc know charily allred only never spoke to him had with joe before lie was admitted to bail in which he told me he gut a cap from the butcher shop on the of february had a talk him at the stable as referred to by witnesses I 1 loosed over the letter he banded me he said you know yon furnished me that cap and I 1 said well got it you know eaid bo yon were to share in the robbery and I 1 said 1 I know nothing about it and di hit believe you would do it he said you know you were to 1 sleep with your head at a certain win dew and help us if we pot into trouble I 1 merely said pshaw and went away A short time after that I 1 was arrested the arguments by counsel commenced shortly after 11 mr making the opening one and mr devaus the closing one for the people while mr dickson and jude powers delivered the for defendant |