| Show EVIDENCE ADDUCED TUB KILLING OP JAMES DESCRIBED efte defendant bond tells the stora of the tragedy another murder case was taken up for trial on monday in the third district coart the accuse dare philip bond and john taylor two miners the first named is a medium sized dark complexioned man the other is about the same size but light complexioned both watched the progress of the case with interest but not so closely as is usual with men on trial for their lives the man whom they are charged with killing is james osborne a miner with whom they had had some trouble was killed ia a row at bingham on july ad 1887 and was buried his body was subsequently exhumed and an examination showed that death had been caused by a blow on the bead the skull being crushed in thereupon bond and taylor were ar rested and held for trial the pros elution is being conducted by district attorney peters and his assistant mr clarke while wm H dickson and F hoffman conduct the defense all of the witnesses are from bingham except sheriff A J burt and dr jos S richards oi salt lake city one incident in the testimony is the presence in court of the the murdered man the broken pieces being in a small paper bag the case opened tuesday morning by mr clarke making a statement of what the prosecution expected to prove the trouble had originated in a quarrel between william taylor father of defendant john and james over a ilife which taylor claimed was his and which was in possession just how the quarrel commenced the prosecution was unable to ascertain the remain aier of mr charkes clarkes Cl arkes statement is in substance the same as testified to by the witness ernst who was subjected to a rigid cross examination by mr dickson which however failed to detract from his testimony in the least charles A ernst testified I 1 aliye in bingham canyon am a machinist was there on july know wm taylor and where his cabin isit is up the canyon south of the town and about feet from where I 1 live between 10 and 11 p m on the night of the ad I 1 heard singing and then quarreling at taylors cabin went up and heard it said that a man was making for a knife I 1 went clo saw it taylor he demanded a knife from osborne the latter refused and taylor started for him stuck st uck him and both fell i somebody took osborne off and carried taylor jato his cahim catim retreated two men john taylor and philip bond following him and demanding the knife refused saying he would die before he would give it up after following him for some time taylor went back and asked mcghie for a gun me refused bond kept making demands on Os bome for the knife john taylor returned with a club and said D n him ill fix him he then asked Os bome did you strike my father with that knifed said 1 did not I 1 struck hun with this hand ho then struck him with a club turned around two or three times and fell bond then struck and kicked him he challenged him to fight Os bome stood up and bond sparred around him till some men stopped him was hurt considerably and complained the men carried him into an enclosure while he was chervi bond went through his pockets for a pipe osborne never struck taylor with the aniio I 1 saw the blow and had the knife in the other hand after the blow did not bleed much that I 1 saw I 1 did not look closely there were six or seven men who saw the blow struck they were bond taylor doney beers and jack and his partner the two latter are now out of the territory I 1 saw on the bed in taylors cabin the next morning the death rattle was then in his throat he died shortly after dr joseph S eichardt Eich ards testified on the alth of july 1887 I 1 went to bingham and held u pat mortem examination on the body said to be that of james osborne he had been dead seven or eight days and had been buried I 1 found that the body was in a bad state of decomposition my attention had been drawn to the injury on the head the scalp was BO loose it dropped from the head on the left side of the head in front of the temple the skull wis badly fractured I 1 took the free pieces of bone the fracture reached from the left eye to the base of the brain the pieces of skull covering the whole front oi the head of the deceased were exhibited and the nature of the injuries described james doney george beers and W D hickman each testified in behalf of the prosecution but nothing of a material nature was developed than what was tosti fiedL to by ahas A emst the defense began by putting william taylor on the stand who testified that he was acquainted with Os borne in his life time was tha father of john taylor one of the defendants on the evening of the ad some ona told me that had my knife went out and asked him for it tolling him I 1 did not want any trouble ho said he it that the would die first ithen fol 1 lowed him up and he made jump al ai lw at me striking me with the handle of the knife and cutting a couple of gashes in my face I 1 must havo asked him for tho knife at least twenty timea or over george wells was nest called he know both william and john taylor know bond slightly but was not acquainted quain ted with asborno Os borno was at tha taylor cabin on the night of the ad there were quite a number of men there drinking beer and having a good time later I 1 saw osborne backing down the canyon with a knife in his hand and threatening I 1 ran to magdos and tried to borrow a gun baff ho would not let mo have one in i he meantime old man taylor had been picked up and carried into the cabin he unconscious when taylor asked laborne for the knife he replied by saying that he would kill any s of a b that came near him on the opening of the case wednesday morning thos moran was called by the defense ho said I 1 live at bingham know the taylors and bond was at taylors cabin on the evening of july ad carlies had been drinking some labome was on tho outside and seemed to want to fight some told him I 1 would accommodate him if nothing else would do him I 1 started toward him and mcgee called to me to stop he said dont you see that man has a knife I 1 concluded that I 1 did not want to fight him when I 1 saw the size of the knife cross examination by district attorney peters I 1 slept in mcgeee mcgees stable wells slept there also the first time I 1 saw wells after taylor was carried into the cabin was about an hour after this occurrence I 1 had had several drinks drank from a gill and a half to two gills at a drink had three drinks at mannes and a few drinks of beer at taylors could have stood twenty or twenty five drinks more without getting downed Os bome and I 1 were sparring mcgee told me to look out ho had a knife 11 followed him up he backed down the hill I 1 saw the big knife and jumped over the fence osborne was not within four or five feet of the door when taylor came out and demanded the knife osborne was twenty five or thirty feet from the door when taylor came out nearer asborno than old man Taylor was when taylor came out and demanded the knife be direct it was not twelve when I 1 went to bed I 1 did not know how late it was hero witness was timed to ascertain his idea of the length of a minute and called time at the expiration of eighteen seconds thomas aalph john duncan mannes and john gemans testified for the defense philip bond ono of tho defendants then took the stand in his own defense his testimony was as follows I 1 am one of the defendants was bom ifeng land am 25 years old left england in 1882 came to michigan then went to california thence to tho mountains came to in may 1887 located in bingham went to mining worked for the brooklyn was at taylors cabin july ard 3rd we were drinking I 1 saw there he had a knife and T tried to get him to give it to me william tay lor came out william taylor said give me that knife G d you osborne said take that d you I 1 picked up a rock and followed osborne up to disarm him directly john taylor came up aad hit him with a stick he reeled and fell I 1 laid down my rock and went and turned him over and picked up tho knife john taylor asked me for it I 1 gave it to him said bond you struck I 1 said no I 1 did not come around in the mom yon are and aeo me I 1 helped to care for him I 1 did not strike him at all only had one rock I 1 knew asborno in michigan name there was stone that was jive years ago I 1 next saw him in bingham he tola me that his name was osborne and for me not to call him stone any more told me he had stabbed a man told me this in presence of john taylor and john doney cross examination often gloko of ische stabbing I 1 was not much afraid of him I 1 said to taylor dont strike him with that you will kill him sure he replied something about fixing him dont think her said damn him ZU fix him I 1 told sheriff burac I 1 wanted to go be foro the grand jury and state the facts that I 1 did not want to suffer for an others crime taylor struck with a shovel handle john taylor told me his father burned the stick was or feet from the cabin when came up with the stick did not say 1 I am going to bingham I 1 did not throw a stone at ahrn picked jip the stone to disarm him osbarno told taylor he did not stab the old man bat hit him with his left hand then taylor struck him question by a juryman did you think william taylor had been stabbed before john taylor came down answer yes I 1 was told man was stabbed the arguments before the jury began at assistant district attorney dark opened for the prosecution and was followed by mr hoffman for the defense this consumed the time until the hour for adjournment journ ment on wednesday |
