Show lo 10 say ie jury i HOWARD SPENCER SET AT LIBERTY the scenes in the court at the end oar report of the pike murder case in our last issue ended with george B spencers testimony for the defense given on thursday morning the first witness called was orlando F herron I 1 remember the shooting of sergeant pike in 1859 and I 1 was an eyewitness eye witness of the occurrence J was stopping at the residence of a gentleman in the rear of the salt lake house I 1 came through th ealley way about ten minutes before the shooting I 1 saw five soldiers coming down the street and enst as they got opposite george god dards little store a man slopped up and tapped one of the soldiers on the shoulder As ho did w the baldier made a move as if to gun and a second later the man in a gray blouse pulled a pistol placed it against the right side of the soldier and fired pike reeled said oh god I 1 am shot and fell the man who did the shooting turned went across the street and disappeared through an alley I 1 do not believe it was howard spencer who fired the shot I 1 saw bill hickman on the side of the street after the shooting he was not on the east side of the street before the shooting occurred neither was george steve taylor or jace luce I 1 am pike had a pistol in his bolt aa the man retreated across the street some of the soldiers drew their pistols and asked the officer if they should fire he said no to hilea have known the defendant since 1819 and was quite intimate with him up to the timo of shooting I 1 would see him every few days I 1 was subpoenaed on the weber when I 1 am at home I 1 live at pleasant grove the five soldiers came down the street abreast As the man who did the shooting tapped pike upon the shoulder and said something pike dand the other soldiers walked on I 1 did not hear the testimony of leonard philips I 1 read stove taylors testimony I 1 did not hear anyone immediately after say git til drop him or anything of that kind the alley way he ran through was the one that is now known as alley way the man who did the shooting shuo ting had on a loose blouse a dark hat 1 think but I 1 am not sure I 1 did not remember the shooting thero was no peculiarity about tho hat that I 1 remember I 1 was within about ton feoff from the man when the shot was fired I 1 should judge it was a navy revolver that was the kind generally used in utah in those days my attention was not directed that day to the fact that it was howard aspea who did tho shooting two or throe days after the shooting I 1 heard that spencer and pike had trouble in bush valley the first time I 1 remember hearing howard spencer was connected with tha shooting was last y aar after he had been arrested I 1 did not see spencer nor that day there were lome or thirty mea around an emigrant wagon at the time of the shooting I 1 should judge tha pistol was not over six or eight indies from his side when the shot was fired I 1 do not believe the alonso worn by pike contained any of his rank I 1 think he and the fo ir soldiers with him were all dressed alike it was some time before I 1 saw spencer after the shooting probably two or three years I 1 do not know V li pickard nor gushing I 1 knew alma williams I 1 did not see him that day it he was there I 1 did not see him I 1 ibave never had any business transactions with spencer hiles and you say the man who did tho shooting was not spencer witness I 1 do not believe it was I 1 never thought it was I 1 did not see anybody with the man who did the shooting before it occurred william brown JRp the killing of sergeant pike near the salt lake house in 1859 I 1 saw the shooting some soldiers came down the street when a man stepped up and laid his hand on the shoulder of ODO of them the soldier moved his hand around quick lj when the other man w fired I 1 did not hoar pike make any exclamation the party that did the shooting went across the street and disappeared in the alleyway no ne accompanied him that I 1 know of I 1 did not see bill hickman jace luco nor george I 1 did not hear anyone say binl argit or Git nor ill down him I 1 there was no unusual noise to peters I 1 livo at alpine and am a farmer I 1 am forty seven and was about sixteen or seventeen years af age ai that aie I 1 had boon on the west bia 0 main sac ept and was crossing he salt lako bouso when tho she 3 fijoj the baldier waa caught jy boino one and carried away hickman might havo been ahoua there and me not see him 1 man who did the shooting ran across the street there might havo have been an emigrant wagon on the street and I 1 not notice it I 1 would not say tho man who fired the shot wag not howard spencor it may have boon or may not have been I 1 do not remember having seen W L pickard on that day to young it was not unusual for emigrant wagons to bo on or passing up and down the street the ing occurred a little to the northwest of tha salt lake house vincent shurtliff T have known howard very well daring the last thirty years I 1 have not seen him within the last year but previous to that time I 1 saw him frequently I 1 remember tho shooting of sergeant pike and in the same year I 1 was called upon a grand jury brown who elso was on that grand jury peters I 1 object it is not material brown thought it was hiles had said that the reason he had not been apprehended before was because the defendant had been in hiding he proposed to show that a grand jury had investigated the same charge and exonerated him the court ruled hat the question was not material and brown took bis usual exception H B clawson the defendant is my brother in law during the last ten or twelve doirs the defendant had been living in Or derville avane county since moving south the defendant lias frequently been at my house I 1 remember the injuries sustained by the defendant in 1859 there was a great change in his appearance pe arance after tho injuries were received by him to miles defendant was at my house a month or more prior to his arrest and was about town employed by the city I 1 think he was working ab or near liberty park I 1 do not know under what name he was employed in the interim between the killing of pike and the defendants going south he was in and around the city at times my is not clear as to when he joined the united states service thomas jenkins have known the defendant about forty years and was intimately acquainted with him I 1 remember him as he aras both before and after his injuries his nature disposition and habits were very good and he was anything but gloomy and sullen before that time after the occurrence at bush valley there was a great change in his character so much that I 1 frequently thought he was insane before moving south he lived on the state road and I 1 saw him on an average of throe times a week since he moved south I 1 have seen him several times here and there to haies I 1 believe he moved south in between that time and a year ago I 1 do not think I 1 saw him more than four times he took his family with him when ho went south mrs katherine xoung the defendant is my brother I 1 was about twenty two years of aga at that time his natural disposition before he was injured was good he was frank and affectionate actor that time however and particularly during the year he was very despondent sullen gloomy and irritable there was a marked change in his general conduct I 1 thought from various things that I 1 saw that ho was certainly not entirely right in his mind he was much more excitable afterwards than before to hilas his disposition is all right now so far as I 1 know for the first two or throe years after the injuries we all spoke of his curious actions mw ellen 0 clawson am a sister of the defendant I 1 saw him the next day after he received his injuries prior to the injuries ho was cheerful lively good tempered and afterwards he was excitable and quarrelsome irritable and morose at times he so conducted himself as to make several of the family afraid of him he has resided south most of the time during the last thirty years ho has never been in hiding to my knowledge to peters I 1 never put it in so arong a light as insanity but I 1 certainly thought he was not exactly ight at this point mr sheeks intimated to the court ahat the defense had little if any mere testimony to introduce but said ho would be more fully advised when the time for the commencing of the afternoon session armed when court reassembled in the afternoon ter noon mr sheeks announced wo rest in rebuttal the prosecution called lehi daniels after pike had been ahot and carried upstairs I 1 did not go into tho house I 1 did not even stop across the sidewalk I 1 was about fifty or seventy feet from pike when tho shot was fired I 1 did not see him make any motion to draw a weapon dr dart am a practicing cian and surgeon and have bee for fourteen years I 1 was educated at the homeopathic college of new york I 1 have had only a slight experience peri ence with cranial injuries and have never examined any serious cases cranial injuries may produce different effects when an injury is inflicted such as the defendant is baid to have received and taking all the of tho case together I 1 think the act would ba more that of a sane man than an insane man A wound such as you have described need not necessarily produce insanity to brown it does not tend to reduce healthfulness of tho mind to E avo the skull crushed in but I 1 can recall no cases whore such an injury resulted in insanity I 1 have had but a limited experience the effects of extracting a portion of the brain may have an immediate injury to the mind but it does not necessarily produce a permanent injury I 1 think such an injury as the defendant re boived would doubtless produce temporary disease of the mind it might last two months and it might nut dr A C ewing 1 havo treated several cranial injuries 1 think the act of howard spencer as you describe it was that of a sane man an injury such as you describe may produce insanity but not necessarily to browns but as far as my observation goes it generally does produce insanity insanity is a very insidious disease if a man injured in that way should suddenly become ox cited insanity would bo most likely to manifest itself it a man injured in that way should do an act foreign to himself in a moment of great excitement cit ement I 1 should consider ho was at the time insane persons may plan and carry into execution I 1 have had very little experience with the insane extracting a portion of the brain would tend to produce insanity or at least disease of the mind leonard phillips at the time the shot was fired I 1 was looking at the parties I 1 did not see pike draw a pistol he had none because I 1 took off his belt myself this closed the rebuttal for the prosecution and hiles made the opening argument on behalf of the prosecution he congratulated tho jury upon the nearness they had arrived in determining the cause the law guards with jealous and scrupulous care human life and it is for the acason tha human life once taken cannot be restored if I 1 take your uro perty I 1 may restore it but this cannot be done with your life murder is the greatest injury man can inflict upon his fellows you have listened patiently and it is upon the testimony hero that you must make up your verdict guided by the instructions of the court as to what the law is applicable to this case I 1 said at the opening that we should show a case of deliberate premeditated killing you have observed that the defenses set up are inconsistent they cannot all their first proposition is that the defendant did not kill sergeant pike the second that it was done in self defense and third that ho was insano before I 1 am through I 1 shall show yon that none of these are arne we say that the defendant killed sergeant pike and the evidence upon that point is as strong as an iron chain there is nothing in iho evidence upon which on can hang a reasonable doubt A reasonable doubt is a term familiar to the hearing of layman as well as lawyers and it is not as well understood as it ought to bo what is it if when you have taken all the evidence in the case and compared it and then you believe that he did not do the act you have a reasonable doubt I 1 say that upon the testimony produced there ia no chance for a reasonable doubt bat that spencer killed pike you must not expect all witnesses to testify exactly to the same state of facts variety consistency is the best test of the truth tho testimony all points to the fact that the defendant was the principal actor in the killing but there was a conspiracy between him luce and hickman stove taylor asked the defendant not to do anything in the matter but let the law take its course and the defendant said he did not think he would ge any justice but ho would wait and see there was a conspiracy and tho testimony or george B spencer corroborates gushing upon this point george B spencer himself admitted that he had feelings against ahe deceased cush ini is also corroborated in many other ways alma williams says he does not know whether the man he was causing ch using whom he was so close to as to almost touch was howard spencer or not I 1 do not ask yon to believe him on that point his best judgment is or ought to bo that it was spencer no was statement of pike that spencer shot him is of itself the strongest testimony and when it is corroborated as it is it seems to me to leave no doubt that howard spencer slew sergeant pike self defense is alwaes permissible per A man a right to defend himself at any and all times I 1 believe that the story told by orlando herron is a base fabrication pike had no pistol upon him and yet this scoundrel gets upon the stand and swears that ho saw a pistol in the belt of the do ceased after he had been carried up stairs I 1 rejoice to say that I 1 believe herron is the only witness who has deliberately gone upon the stand and swore to that which he knew to be false insanity is a good defense always has been and always will be an insane man does not know what he is doing and if he does not know ho is not able to distinguish right from wrong we have had the testimony of physicians here upon hypothetical questions they are I 1 aay entitled to but weight after all when we come to judge as to whether a man is sane or insane we must call up our hard common sense I 1 say the if you only apply the reason the experience of everyday every day life is utterly confounded A long timo had elapsed since the receiving of the injury and the lulling if he had been insane his friends would have known it and yet ovon his sister who was on the stand did not dare say under oath that ae was insane if he was insane why did john Y green send steve taylor to reason with him dont you suppose that green knew whether lie was crazy or not I 1 say there is no case that has ever been known where three sane men petered into a conspiracy with an insane man and the latter rationally carried out the compact after the interview with taylor we find him arming himself acting in concert with luce and hickman men who contemplate a compact of that kind donic usually pick up an insano man as a party when the defendant stepped up to pike and shot him he came out from behind and hickman ho stepped up to the sergeant and said Is than you pike shot waited to the effect of it and then when hickman steps up to him and said git ho went isufi that the act of a sane man he ran a foot race with alma williams and climbed a fence with considerable agility would this indicate that ho was in a bad physical condition and I 1 say that he was just as strong mentally as ha w as physically at the time he committed that assault it is not pretended thiet ho is insa he Is a man who has reared a family and performed the ordinary duties of life it must bo remembered that this killing was done oat of motives and feelings of revenge it makes no difference whether pike was in the right or wrong in striking |