Show THE HENDRY MURDER the killing as told by the victims mother THE JUDGE CONSIDERS HALE GUILTY OF MURDER and he Is removed to the penitentiary to await his trial on saturday at 10 the elamin aaion of ezra hale charged ith the murder of james hendry in 1871 wab held before commissioner crosa H H kalapp esq appeared for the tion and wenner malony for the defence mrs isabel hendry the victims mother was the first to testify she baid that she lived iu wellsville her son jim had been dead five ears sensation sa tion one in the fill jim had come to lows house in hooper they then lived witness waa there at the time the family then con biased of michael lizzie and jim after supper they returned home afeei being home for some time ahe saw ezra hale and his father come out as if from one of the unfinished rooms ot the house they had guns with them long guns they were not pistols pi atols bhe saw them shoot and saw jim fall then they shot while he vas down they then ran gli the loi when they had left witness ran up the street lor ales low alex came down with her pound the mounded man he had a large number ot shots in his side and in his fr houlder this wound in the shoulder was caused by ezra hale who shot just before running away jim in cd that night and till next day she thought that it M as in the fall seventeen yeara ago that he died cross examined li ed in wells ille was born m ablo her son james died about fi e years ago here her daughter punched her in the back with a parasol another sensation on the e ening of the shooting she was at alex lows and jim stopped that evening at lows for bis aupper had his team w ith him w as dark when he arrived at lows from ogden returned home when it was dark did not go out until she saw the two hales she did not see them have any weapons expressions of surprise for other witnesses and spectators ta tors bhe recognized both men b the light of the guns when they fared recognized them deters they fared the lather fared the two shots jim tell and triad to rise and run then he wab knotted down by knottier shot think the son fared the last shot she never saw the guns except by the light ot the explosion heard two shots fared an audible oh V and it is a shame aiom the row ot witnesses her anaw era were not satisfactory her memory being very faulty ohp examination w as ery tedious owing to the daiy repetitions ut questions As the cross entered into the courting umair between hendry ana hales daughter the prosecution objected and the objection was sustained the defence continued the examination jim said as lie fell that they halt and his son ezra would tor whai th ehid done did not know who attended him while bial was not sure he had a doctor jim wua datil his death but made no statement except that hale and his son would tui it tins lie repeated two or three times witness did noi remember hale and his BOU saying anything to jim before the AT a clr 1 icci lus 0 since the shooting ug took place the was allowed to go with the understanding der standing that the clemence cle tence shoula nave the privilege of recalling her as their own witness wit nebs sheriff belnap was sworn and testified that he remembered the shooting it took place september 22 was ai hooper on the night of the shooting was rot an officer at the time but hao been nominated constable and had received notice of hia election heard three or four shota about 8 or U p m of that day A message came for him went to hendris Hen drys house found jim on the ground shot and bleeding jim was noi conscious at any time while witness was present hunted all night for hale and his son found alem in the morning at hales bouse and arrested them wab well acquainted in hooper witness described hendris Hen drys hoube to ids best recollection had fondd jims team and wagon partly unhitched about thirty paces from eliere jim lay it appeared as if jim had been running toward the cane pitch when he fell cross witness thought that standing in the door of the aliouse and looking at the spot where hendry was lying any object would have appeared very faint though it was possible that one could have seen twice as far had heard three or four baota a messenger came in chyi cr yi There 6 a man murdered witness at once the place nothing was aard at the time about the circumstances of alie shooting as far as he could remember remained unconscious witness was present the two hales on suspicion of shooting pime hendry took them to ogden on their way here the shooting was admitted the question by whom was objected to by prosecution as the words ot the father now dead was not relevant nur competent alter acine discussion the objection was sustained the defense reserved the right of recalling the sheriff as their own witness and deputy A E were called he testified to making the last arrest on august aith lass brought defendant to ogdan ot alie way here a conversation took place defendant and witness alie charge no inducement was to his making am statement witness had told him not ti make any confession defendant aard i dont care I 1 calculate to tell il macelt cross examined defendant had ban that he had been told by di it and would leave done it anyhow an would do it again under the same circum stances eliat hendry had seduced de fondants fond ants sister and had boosted of it n the community eliat heldry had beai warned and notified to make the matte right had biad plenty of time to don hut biad failed redirect told alie community eliat hu biad d fend ants sister not satisfied with he biad also thrown it into defendis defend im teeth hero the prosecution rested tho defence bcd lcd isabel she said that her sou jim and ja halo were sometimes together did i know that they arc engaged to be mu riad agamet tho girl cause slie biad a bt 1 was between the ii baui tA ui liis death had never siv i the hales biad served him right tt old man hale shot ficht hrc d i each was recalled but bothin now was elicited elicit fd from his the object in view was to learn of be two father or son had admit tco the shooting on their way to in charge of constable tho question was objected overruled as before thia closed tho caso and the argument of the counsel bean tho defence sought to impeach the isabel the jal ge ruled that the deed had been premeditated and therefore held the defendant over to await the action of the grand jury he was taken to the penitentiary in company with william cook the alleged forar baat ight ogden standard |