Show ore judge mi SPENCER ON TRIAL FOR HIS LIFE Cush maus tale of how alic pistol was selected on tuesday morning the wore of paneling em a jury in the pike murder case again resumed consuming all the morning shortly noon tho requisite twelfth man was accepted and tho case went to trial the jury now stands frank van horn J B cornwell L P kalsey owen hogle J M mcvicker T L W J lynch frank shelton H 0 reich J M young A W caino T P murray ha indictment charges that howard 0 and george in august 1859 in salt lake city shot and killed sergeant pike the defendant was arraigned oa october and plead not guilty the court announced that jurors and witnesses in other cases would bo excused butil monday at 10 a m and after cautioning the jury to be extremely careful not to get separated or mix with citizens a cocosa was taken until upon reassembling in the afternoon mr hiles made the opening address for the prosecution at was their duty he said to chow that the defendant mortally wounded sergeant pike within the jurisdiction of the court they would have to show also that the killing was deliberate and premeditated they expected to prove such a case and he thought the evidence would leave no doubt on their minds in 1859 sergeant pike was brought to salt lake city from camp floyd to be enod for an offense committed in rush valley thia was an assault committed upon spencer while the mmary examination was being hold the de fondant from motives of revenge planned to kill sergeant pike and with the assistance of others carried out the plan on august 11 1859 the defendant stopped pike near the salt lake house and shot him ia the side spencer was pursued but escaped and for many years his presence was unknown to the authorities and only last summer was his arrest effected thay would offer the dying statement of pike as to who killed him and would also prove by eye witnesses that the defendant was the man who fired the fatal shot having shown that the defendant out of motives of rpy enge deliberately killed a fellow being they would claim a verdict of guilty of burdor in the first degree as charged in the indictment lewis W smith was the first witness called he testified I 1 live at kamas came to thin territory in 1858 I 1 wont to bush valley in March 1859 at that time I 1 was in the tenth infantry united states army was well with sergeant pike who belonged to company 1 his company came to bush valley in march 1859 to relieve us he returned to camp floyd and in july or august of that year he went to salt lake with one of the officers of his and several soldiers pike was under guard when he left the next time I 1 haw him was when hio body was brought back from salt lake 1 recognized the body as that of sergeant piko he was from thirty to thirty five years of aga and enjoyed excellent health to mr I 1 joined the army in philadelphia I 1 crossed tho plains M a soldier was 22 years of ago when I 1 came here rush valley is about forty miles from camp floyd we were encamped at one time at johnsons settlement and remained there fur one month I 1 cannot remember the nies of the men who accompanied pike to salt lake there were about ten boldi ors he was ordered to bait lake for trial I 1 hoard the order read on parade according to military rule the day before he loft and about a week later his body was drought back by the same party who escorted him to salt lake city 1 hivo been in the territory over since fiut time I 1 enlisted in 1858 and left M the army in march I 1 did not see the trouble between spencer and pike I 1 saw both of them at kush valley spencer was there about fifteen day pike was dressed in uniform when ho left for salt lako jarius gordon testified I 1 live in big cottonwood was living thero in 1859 haw sergeant pike at my house in august of that year with a number of boldi ors they stopped to get some re f retail meats and came on to salt lake city I 1 saw him at the salt luke hoube alie next day after he had been shot the doctor asked mo to go in his room and see him I 1 did so and saw pike lying on his bed very hick lie had was bloed ing and I 1 dont think ho was conscious when he was at my house the day before he appeared to be in good health homr elins 1 did not hear the shot fired I 1 had seen pike before that affair at camp floyd but was only acquainted with him by sight when the party came to my house they were traveling on horseback some of the officers carried side arms W I 1 saw no arms on sergeant pike he was a man of middle size about thirty five years of age colonel crossman lieutenant gordon and others were ia the party mrs elizabeth testified I 1 have lived in salt lake since 1856 I 1 lived at the salt lake bouso from 1858 until 1864 my husband took charge of this bouso in the fall of 1858 one day in august 1859 at a quarter to 1 IT heard the report of a pistol and soon after I 1 saw four soldiers bringing a man in I 1 took the party to a room in the rear of the hotel and they laid him down he was in a fainting condition I 1 aaker what was the matter and he raised his hand and pointed to his side but did not speak then afterwards an army physician came in and remained until sergeant died I 1 think ho was shot on tuesday and he died on the monday following a short time before they left I 1 went in the room and saw the body I 1 saw him twice a day while he remained at the house he was gradually sinking day by day be was a man of very tine physique the party was stopping at tho house before the shooting stephen taylor testified I 1 have lived here in utah since the fall of 1848 in 1859 I 1 was a member of the police force of this city I 1 have known the defendant all the time I 1 have lived in utah I 1 met him in august 1859 and had a conversation with him in regard to sergeant pike who was then m this city in the conversation referred to spencer said it would bo better if ho did not meet pike he said he got justice and I 1 told him ho had bettor wait and see what the courts did with pike he then said ho would wait I 1 think this conversation occurred on the morning of the same day when the shooting was done spencer was excited I 1 saw him again two or throe hours later crossing main street across from the salt lake hoube I 1 was about yards distant but observed that he had a pistol in his hand just before that I 1 heard a pistol in the direction of the salt lake house immediately behind spencer came a crowd of civilians and soldiers who were crying stop him upon reaching the sidewalk he went on west I 1 joined a couple of soldiers and we followed him four or five blocks when we met another party and returned salt lake house I 1 went to the door bufa was refused admittance I 1 saw george about fifteen minutes before the shooting he was on the west side of main street going north and I 1 also saw bill hickman about three hours after I 1 had the conversation with spencer to mr brown when I 1 saw spen coi running across the street I 1 saw about fourteen men in pursuit they were all running west and from six tu twelve of them had pistols in their hands it was not a common thing to eee men on the streets with pistols in their hands in those days when I 1 met spencer in the morning I 1 told him that john Y green want him to meet pike and the conversation followed at that time spencers head was injured I 1 should say that his excitement cit ement was due to his condition and to the fact that he did not think he could got justice before I 1 asked him not to interfere with pike he was perfectly calm but when I 1 broached the subject he became irritated rita ted william alma williams testified I 1 live at kamas in 1859 I 1 was living in salt lake city have known spencer since 1854 pike was brought to this city for trial in july or august 1859 one day after his arrival here I 1 was walking up main street when I 1 heard the report of a pistol near the salt lake Hou seand at once a crowd of men ran across the street and another crowd gathered in front of the hotel one man ran in through the block and I 1 followed him two or three blocks and nearly overtook him once but was unable to stop him I 1 was trying to arrest him and was armed but did not shoot I 1 hickman going down the west street after I 1 had given up the chase I 1 saw pike at the salt lake house he had been shot andaas in agony to mr young at that time I 1 was a deputy marshal it was a usual thing to see hickman on the streets in those days I 1 did not think at the time that he was connected with the homicide I 1 saw huntington on the the same day I 1 did not examine pikes body to see the wound to mr peters I 1 saw lot huntington on the sidewalk after I 1 had given up overtaking the man to a juror I 1 did not recognize the man I 1 was pursuing william appleby testified I 1 have lived iu this city since 1849 have known alma williams for many years sergeant pike was killed in the latter part of the summer f 1859 am acquainted with spencer on the day of the shooting I 1 was in the block west of the continental hotel watering the garden when howard spencer ran through the block pursued by williams I 1 was about three rods distance from them when they passed I 1 did not hear of the shooting until in the evening to mr brown it was between 12 and 2 in the day when I 1 saw the mea they were some distance apart henry heath testified have in salt lake city for forty two years have known spencer since he was a boy the old salt lake house was back somewhat from the sidewalk with a porch in front of it on the day pike was shot I 1 waa standing on jen aings corner when I 1 heard the shot I 1 paw a crowd rushing across the street I 1 west over to the hotel I 1 am not able to say who the men ware who ran across tho street lohi daniels testified I 1 have lived in utah about forty years and now reside in echo canyon I 1 know spencer and I 1 was in salt lake city in 1859 in the summer of year sergeant pike ws brought here on tho day after bia arrival X saw five soldiers near the suit lake house and one of thorn was said to be Piko was standing oa the sidewalk when they went up the street then I 1 saw a man stop up and one of the soldiers the one addressed stopped and tha otaw went on the civilian then drew a pistol and shot the soldier ho then turned and crossed abo street niter he had got about half way across the other soldiers started after him and he ran west I 1 did not recognize the man who did abo shooting I 1 did not move until the excitement had died away to mr tho soldiers wore going north when I 1 saw them henry A gushing testified in 1859 I 1 was living in this city I 1 came here in 1855 and had a shoe shop on main street about seventy five feet below the salt lake house I 1 knew spencer String haai hickman and chase luce sergeant pike was killed in august 1859 on the morning of the shooting I 1 saw the defendant hickman in tho yard in the rear of my shop they were examining pisto lii one of thorn had a pistol after examining these pistols 1 saw hand spencer what looked like a colts revolver in five or ten minutes they dispersed and went away about an lour later I 1 was getting a bucket of water from the ditch when I 1 heard the report of a pistol I 1 looked up the street and saw spencer running across from the salt lake house immediately after I 1 saw hickman and luce run after him with pistols in their hands crying 1 I will shoot you I 1 will shoot you after them some soldiers S ceacer ran through an alley I 1 wout down to walkers Wal kurs corner and half a block west did not see spencer after he entered tho alley to mr sheeks the space between my echop and the hotel was all closed up on the street it was rather a public place in the rear of my shop hickman had two revolvers I 1 did not hear anything that was said by them mr sheeks was it anything unusual to see men looking at pistols on the streets in those days the witness no it anything unusual to see such men as bill hickman and luce examining pistols to mr peters martins alley through which spencer escaped was on the opposite bide of the street from the salt lake house and north when spencer crossed the street he had his pistol in his hand and was looking back to mr I 1 do not remember how spencer was dressed at tho time but do not think his head was bandaged bill hickman at that time was a notorious character I 1 did not hear a word that they said when they were behind my shop I 1 live at dillon montana now that is tho first time I 1 have evor told all I 1 know about the case since the occurrence I 1 may have talked it over a dozen times but never gave tho details I 1 was subpoenaed to come here and paid my own expenses this closed the evidence evid enco for the day and mr peters said that in view of the evidence brought out he would move to have the defendants bond increased from mr brown said nothing had been brought out that was not elicited at the preliminary examination the bond given had held the defendant so far and there was no reason to suppose that it would not all the proof had been developed before the commissioner mr peters not a half not a third of it and I 1 will say we have other important evidence mr brown there has boon no hint that the defendant will attempt to run away the court it frequently happens in cases of this kind that such a motion is made has the defendant any property mr brown none whatever mr hiles urged that the bond be and after some further argument the court said 1 I want the man to have equal and exact justice without undertaking to pass on the facts at all I 1 will content myself with s dying that I 1 think this bond will be sufficient but shall watch the case very closely and keeping this motion in mind take such action as I 1 think proper he then cautioned the jury once more and the court adjourned until morning at |