Show THE PIKE testimony for the prosecution all in THE DEFENSE OPENS THEIR SIDE OF THE CASE arguments mow beins made before the court on wednesday W L pickard testified I 1 have known howard spencer since 1855 I 1 remember the killish of sergeant pike I 1 was about two or three rods north of the salt lake house immediately wore the shooting I 1 passed several soldiers who were going up the street they may have been standing still As eoon as the shot was fired I 1 turned around when I 1 saw jump across the ditch and run to the west several persons were in pursuit I 1 did not remain there very long there was such a commotion that I 1 got out just as soon as possible to sir brown I 1 heard no ons say ill drop him or ill kill him 1 knew bill hickman and jaco luce I 1 did not see them on day several people had their revolvers leonard phillipa I 1 am sixty nine veara of age and have lived here since I 1 knew sergeant pike when he lived I 1 first became acquainted with him at camp floyd in april 1859 I 1 was a member of hie company I 1 ro member the occasion of the shooting I 1 wa not over eight or ten baet away at the time I 1 saw a crowd coming down the street and in front of that crowd was sergeant piko and a soldier A man jumped out of a crowd and said hello pike or IB that you pika and pulled a gun and shot him the man came out sf a crowd consisting of bill hickman jace luce taylor and others As soon as pike was shot I 1 jumped forward and caught him and in company with others helped him into the salt lake house and ebaid with him until the ball was taken out which was found near the nipple and alosa to the skin piko had a knafo on him the ball struck the bone part of the knife and forced a portion of tho bone into the wound I 1 was present when the doctor probed the wound the ball ranged upward and came out on the same side it went in at the man who fired stood still for a second or so and looked at pike when hickman stepped up to him and said git the man then ran westward mr hiles did he at that time ahe name of the man who shot him i objected to by mr hawlins bat al lowed by the court who thought a proa per foundation had bean laid by the prosecution witness continuing he said the kaaa who shot him was howard spenser to mr ballins both pike and the man who did the shooting came from the same four or five of the euan that came with the man who did the shooting had pistols out steve taylor was among them he had a pistol on but not in his hand to hilea I 1 have not seen either the doctor or the lieutenant since they the territory when the war broke out brown moved to strike out all ef the testimony as to what was said by pike in reference to who had ahot him the motion was overruled and an exception taken A recess was then taken till the afternoon proceedings commenced by a number of jurors calling for the reading of a portion of the testimony of achi daniels which was given the day previous in order to facilitate matters daniels was recalled he stated that he was standing near the scene of the and on the same side of the street I 1 did not hear bill hickman say anything to the man who did the shooting there were four or five soldiers with pike mr announced that they would rest sir brown called W alma williams for cross examination I 1 saw parties running promiscuously all over the street and a crowd also gling west I 1 know bill hickman and jace luce if they had been rushing across the street flourishing pistols and shouting 1 I will drop him 1 should haye been them they were not there to my knowledge I 1 am satisfied also that I 1 did not see anyone I 1 recognized as howard spencer that day henry heath recalled by brown I 1 did not see bill hickman chasing across the street flourishing a pistol and gay ing ill drop him 1 I 1 saw kinan on the side of alie street if my memory serves me he had a pistol in each hand THE arthur brown theu addressed the jury having heard the evidence on the part of the prosecution we shall now show the entire story of the defense it is not the act that makes the crime of murder but the guilty mind wo expect to show the entire history of the case in 1859 the defendant was a young man of good disposition quiet and inoffensive it will appear that in 1859 he was sent to county to look after como cattle sergeant and others came and ordered him to take the cattle away because they were on the military reservation spencer said he would do so but he would stay over night or something like that at this pike struck him with a clubbed musket and belt the marks you now see on his head had not the force of the blow been broken by a pitchfork held by the defendant it would doubtless have killed him As it was it knocked him down and readied him unconscious a portion of his brains oozing out through the wound made he was picked up and cared for being finally treated by dr anderson whom we shall place upon the stand we shall supplement his testimony by that of other distinguished physicians by them we shall show that the injury done the was such as to cause mental disorder that whatever act might leave been committed by the defendant was not that of howard spencer but of an insane roan an endeavor baa been made to prove that the killing was a conspiracy but we shall show you that there is nothing in it As to the prosecutor for not bringing the defendant to trial before that he was a fugitive from justice ato shall show you that it is not ho has at all times been reaby to meet this charge which has bocen investigated by a grand jury and ignored not because lie was a fugitive from justice hut because he had most ample and complete defense C V spencer have lived here sinco september 1847 havo known the do fondant from a baby in the spring and winter of was herding cattle in euah valley fihs ihs defendant was employed by our company in an emergency that arose to go and look after bome cattle in rush valley his employment was occasioned by the fact that a party of soldiers as we under stood it bad been ma the herd ground and biad shot some of the cattle that was in march 1859 georgo reeder I 1 reside at brigham city in waa in the employ 0 mn spencer herding for him in kush valley in march 1859 I 1 wis ct ranch belonging to spencer little gates and snow during the time I 1 was there I 1 became acquainted with sergeant pike we were ordered to leave ano ranch by a party of sol diore elijah E I 1 know the de fondant fen dant I 1 knew sergeant pike I 1 met him in rush valley I 1 saw no trouble between sergeant pike and tho defend ant in aih valley howard spencer was injured by sergeant pika in bush valley he spencer came there about fad hour before sundown ona day arf ame to folco cra et th tock supper a lieutenant came to the house and told us that the house must be vacated by 10 alie next morning spencer said he guessed it would and the lieutenant went back to his camp later sergeant pike came thare with five or als men and told us to drive out the stock spencer said he do it as it was dark and he could not take care of them spencer went on feeding the cattle and when he turned round he saw the sergeant with an uplifted gun and a second later the blow descended sc crushing spencer to the ground I 1 crabbed the sergeants arm when he threatened to serve me in the game way unless I 1 let them alone the sergeant then told them to turn the head of the defendant down hill which they did later on they picked up the body and placed it on a blanket he wag unconscious and the doctor at camp floyd came and said that his skull wan broken and that there was a small of bone that must be taken out he toek out a small three cor piece of bone the defendant remained unconscious until about mid night when he asked a question it was about daylight when he again came to and he was sent to salt lake nest day the blow from the sergeant s musket broke the pitchfork handle in three mrs margaret spencer in march was living at the point of the mountain wes the defendant was brought to our house about the middle of march lata one night he was unconscious I 1 did not make an examination of hia wound that night but the next morning I 1 saw the wound I 1 bathed hia head and aa I 1 did so be begged someone to get a gun and kill him eo as to end hia misery his character was good ho was a truthful kind boy go d and jolly he was not of an excitable naturist nat urit and temperate in all his habits since the blow was received his nature has been entirely different his conduct has been entirely changar ch angad ho has been gloomy and sullen and lo 10 spella of melancholy particularly during the first two or ahrea years when I 1 thought that he did not have his right mind but gradually I 1 thought he grew better I 1 do net think he was of sound mind and memory during the month of august 1859 dr W F andersen I 1 have lived here thirty two years and have known the defendant during time I 1 was called to attend howard spencer in 1859 he was suffering with a wound on the side of his bead his skull crushed in and ho was in a state of coroa his head was very much swollen th ere was a little brainy substance dozing from the wound at that time there was a pressure of the bone on the brain we removed the dressing and raised a portion of the bone that was pressing on the brain in about ten hours after the pressure was removed he manifested some signs of intelligence A few days after I 1 first saw him we removed a portion of the bone that we had raised in two months after there was quite a mass of bone in a state of decay and he was placed under chloroform and three large pieces of bone removed the pieces were from one inch to one and a half inches long and one half inch wide the bone removed would ba at least tareo inches in length the effect of such a blow upon the head would be very uncertain it might render one an insana man andrit might not injure him mentally at all he was really in a very critical condition he waa auder my charge from the of march until the latter part of june I 1 saw him after that several times his condition was not at all cooj I 1 thought that it was not as good as it should be I 1 did not think his mental condition was sound I 1 saw great evidence of a change in his mental condition he was not the same mandat all under any excitement after such an injury to the head one would ba very apt to show symptoms of insanity the presumption would be that under the circumstances the spirit of revenge would take possession of a man and incite him to do deeds that lie would not do in a state of mental equilibrium I 1 think the meeting of the man wha had produced the injury would have a very bad effect upon the defendant I 1 do not think ho would be at all able to control himself under such circumstances he hardly be able to tell right from wrong mrs martha spencer have known howard spencer about forty yeara he is my step son batore his injuries he was always kind and gentle after his i injuries there was a decided difference in his conduct and manner he was cros irritable and unmanageable dr benedict I 1 have beena practicing physician and surgeon since 1864 under the circumstances detailed in the injury of spencer I 1 should say the defendant was of unsound mind and without mental ability to control his actions I 1 not consider that ha was a sane man such injuries as he can hardly be inflicted witheat impairing im paring the and the effect would be felt the balance of his natural life his mental condition would be very much weakened and partly destroyed his ability to distinguish right from wrong would be lessened any excitement under such a condition would render him irresponsible for hiis tiis action dr hamiltons testimony was corroborative of that given by dr benedict he did not think that any man who had received such injuries boum possibly be held responsible injury has bad the effect of producing insanity I 1 do not think eliat under such conditions ho would be able to distinguish right from wrong cr n condition at times toun der stand t ie nature of the act he was about to perpetrate dr joseph S richards was called hie was corroborative of drs benedict and hamilton such injuries as had been received by the defendant would develop unsound maud it would be almost for a man to be responsible for hief acts under such circum that he received injuries that cannot be repaired I 1 have examined alie extent of the indication of the injuries received by the defendant insanity is certainly a dr F S baccam was called or inability to control ones actions may ne procured by injuries to the skull from such injuries aa the defendant have received I 1 should expect almost any effect upon the mind the first witness called yesterday morning was george B spencer I 1 am a brother of the defendant I 1 went to rush valley to bring home the defendant after his injuries I 1 arrived there at about noon the day after we learned tie was hurt we found him in an in condition state he remained several days I 1 remember when dr andorson first saw him I 1 knew hiim well before his injury and haye kno nhim well since chis injuries ha has been very irritable and abrupt in his conversation at times chis was more noticeable during the first year after receiving the injuries it fully twelve months before ho coald attend to ordinary duties from lie ast 1st of une until august 1859 his mental condition was changed and it waa more noticeable at some times than others his conversation was incoherent I 1 remember the day on which it i said sergeant piko was shot I 1 wa with alie defendant on tho of that day at the residence of mrs spenceil aur stepmother I 1 believe we were on the street that forenoon I 1 had heard the soldiers wore in town and was anxious to see the man who had used the rifle on my brother br othor I 1 did not see bill hirkman that morning I 1 know where Cus hinca shoe agop waa located lyas in rear my brother on that mornier I 1 was with him all the time he wag up town eliat forenoon I 1 got home again about din nor time for some years after the shooting tho defendant resided in abo fourth ward of thia city he was wt out of the territory for a number of years after that lie removed south and I 1 removed north He lived in the southern part of the territory since 1874 at one time iq was in of the government under smith in protecting the mail route to hilee he ate dinner at mrs Spencer aoa the day in ques I 1 think it was about 10 when I 1 met him I 1 was anxious to eee pike I 1 do not know what his feelings were in the matter I 1 did not tell him that pike was in town neither did ho mention the matter john Y green married a cousin of mine I 1 do not remember betins bet ins him that da and I 1 do not think I 1 saw steve taylor I 1 understood that court wag to be in session that day but for what pur peee I 1 did not know the first work he did af er receiving his injuries wagon the farm I 1 suppose his physical condition on that day was fair I 1 think he could walk all richt but I 1 do not know whether he could run or not I 1 do not think he was in a condition to ride a horse very far I 1 was anxious to see piko because I 1 felt it in my heart to take up the quarrel the defendant enlisted m the united states service in 1862 to protect the mail route against indian depredations I 1 understood he was a reul aily enlisted foldier eol dier he has married and raised a family since that time he has been engaged in faiming and teaming I 1 saw defendant at the table at dinner and the next time 11 baw him was at mra spencers about four miles bouth of the city in the neighborhood of what was known as the church farm |