Show grimaldi on trial for the rilling THE DETAILS of EMMETTS DEATH atory of the arrest of the italian on wednesday morning the trial of ahn italian thomas grimaldi who I 1 murdered patrick emmott near castle gate emery county on tho ath of september came up for trial before J adge blackburn geo sutherland and M M kellogg were appointed by the court to defend the prisoner and assistant district attorney evans prosecuted A jury was and duly sworn and the indictment read to thorn by the clerk the witnesses were given into the custody of a bailiff and charged not to discuss the case mr evans opened the case by stating the theory of the prosecution and M M kellogg followed for the defense the first witness called was joseph gilnaugh I 1 live at P V junction was at the scene of the murder kauno switch price canyon on the of september last owned a saloon there and was running it at the time it was about 2 sunday afternoon tho trouble first occurred inside my saloon the size of the saloon is feet it faces the north there is a door near the west corner and a window on the east side of the saloon there is willow brush on the west side the ground is clear on the north side the D II 11 G runs in front of the saloon there was a card table in the room when the trouble occurred obrien emmett cunningham and others whose names I 1 do not recollect present defendant and two other italians wore there also when the italians came in the men in the saloon were talking sociably and drinking no trouble had occurred did not see defendant enter the saloon saw dago the yellow man and a dark italian whose name I 1 never hoard the first intimation I 1 knew of any trouble was hard names being called then saw the yellow man with a knife in his hand I 1 told him to stop the racket and made the yellow man put up ids knife then told the irishman that they ought to have had better sense than to have called such men names the trouble stopped and we all took a drink everybody then sot down sociably enough I 1 went to the cai d table and soon heard tha quarreling italians were talking mostly in their own language I 1 then got up and made put up his knife he did so but warned me not to go near him any more I 1 then took emmett outside the door wo were alone abon I 1 got outside grimaldi and followed me the latter with his knife he made a cut at emmett but I 1 thwarted his blow I 1 did not see grimaldi with any weapon the knife in hand was probably four inches long in the blade grim aldi went in a northeasterly direction I 1 saw him then draw hia pistol from hia pocket it looked like a 45 I 1 then hurried to get into the house and a general fight ensued I 1 was not in the saloon but a few I 1 heard four or five shots fired emmett came into the sa loon four or five minutes after the shooting and asked for water I 1 did not see him come in as I 1 had gone out of the back door to escape the bullets one of which whistled through the saloon striking the decanters can the pieces from which struck me in the breast I 1 gave emmett the water and he thon asked me for something to lay down on he was very pale and was bleeding he then laid down but never spoke only muttered something before he died which occurred thirty five minutes after the I 1 examined his wounds afterpe after he died I 1 found three bullet holes one ball entered on the right side and came out of hia back this must have been the fatal ahot another ball made an abrasion cf the jiin of the breast in a fc line another bullet struck his right band the irishmen had no vo apons the knife and pistol the only deap Ts aw cross examined I 1 saw none of the shooting about thu tune took place the men in the saloon went out of th back door they did not follow tho italians when I 1 returned into the saloon after the shooting there was but ono man in there and anat was bar tender saw thrown during the melee but could not eay who chrow chemor in what direction they were thrown but am certain they were not thrown by the italians saw one of the strike the defendant in the mouth but did not see any blood drawn this was before the shooting commenced the stone that hit him could not have bees larger than a one stone was all I 1 SAW hit defendant it did not knock him downie did not even stagger thelmet I 1 saw oihem he waa still erect TO obrien threw the stone that bit grimaldi am positive of this the court hero took recess till half past 1 when the witness gilnaugh was recalled by the prosecution he stated that after the afoot ing he saw OBrien at the corner of the house he was shot through tho leg and was in too much pain to allow any one to move him have not seen bim since lieburn butts was nest sworn was at the coroners inquest over the body of patrick emmett the day following the shooting stripped the upper part of the body and examined the wound one ball went through the palm of the right hand another west straight across the breast bone and another entered the right side and came out through the other side an inch higher there were two bullet holes in his clothing harry jenett was the boxt witness called he said I 1 was at saloon on the ath day of september last was in the building when the shooting occurred saw gilnaugh Gilna obrien emmett canningham the defendant and two other italians there one was called the dago and have heard since the other was called trouble first commenced about 3 in the afternoon the defendant was in the trouble they wrangled at the bar had a knife there gilnaugh stopped but they started up soon afterwards the bar was near the door gilnaugh took emmett out door and the italians followed him I 1 heard the shooting soon after tried to get at emmott with the knife but gilnaugh Gilna uh pushed him kofl defendant was right behind at tho time I 1 started to go out after them but when I 1 heard the shooting I 1 concluded to go the back way it could not have been but a minute before the shooting commenced when I 1 got on the outside I 1 saw defendant going in the direction of the camp backwards with the bis hand into which ho seemed to bo placing cartridges when I 1 got into the saloon I 1 saw emmett on the floor he asked for a drink of water that was all he said that I 1 heard I 1 saw obrien lying outside of the door he was shot in the leg between the knee and the thigh we put him on a blanket and earned him down to the camp he was then taken to the salt lake hospital never saw any weapons at all in the hands of the irishmen never saw any wound in emmett only the one in hia hand I 1 never examined the body angus was next called and sworn he said I 1 live near P V was in the saloon the day of the murder baw the quarrel and heard gilnaugh tell them they could not fight in there saw gilnaugh take emmett out of the saloon the italians followed behind right soon after heard the shooting saw a knife in the hands of one of the italians heard three or four shots out the back way when the shooting commenced after I 1 was certain it was all over I 1 returned back to tho saloon emmett was there heard him ask gilnaugh for a drink of bajor J then left for my camp william next took the stand he said was in the saloon when the trouble occurred had been there in the morning went again in the afternoon three irishmen came in first and then the three italians I 1 was talking to at the table when I 1 heard angry words I 1 looked around and saw with a knife drawn defendant was there I 1 told gilnaugh ho had better stop the rocho did so but be had hardly sat down when the trouble reoccurred occurred re ho again got up to settle the difficulty when I 1 saw the knife again drawn I 1 concluded that I 1 had had enough of the trouble and pulled out when I 1 got about yards away from the saloon I 1 hoard four shots fired obrien was singing at the time abo italians entered the saloon saw the doctor examine OB rions wound in the beghe probed it it had a downward appearance cross examined 1 did not assist doctor in tho examination of OB rions wounds after the doctor loft I 1 felic his log but could not say whether his bone was shattered or not hayo heard since that it was mike cunninham Can was next called ho deposed depo qed was in saloon on the day of tho murder it was on a sunday hii in the building an hour before tho shooting saw emmett and obrion there also the defendant and two other italians I 1 was there before anybody came the irishmen had a drink and were talking arish politics before the italians camo in the italians when they entered wont to the bar and had a drink when the trouble occurred we were all at the bar drinking together after the italians filled their glasses they passed the bottle to some of the irishmen and this started the row whilo this row was in progress I 1 saw defendant put his hand on his pistol and the other italian on his knife gilnaugh then stopped the but it occurred again and gilnaugh took emmett out obrien went next tho yellow fellow followed after him and then this fellow jumped out right after lira and took his position in a clump of oak bensh about four deot from the door I 1 then saw him pull his gun out and empty five shots in emmett and obrien I 1 took my position in the door of the saloon and saw the whole transaction before tho shooting occurred the fuss was between the yellow fellow and em molt and was trying to make peace saw defendant firo all the shots ho stooped in the brush in a loaning position he fired as fast as hs shots would come he said nothing while he was shooting I 1 saw obrien fall down emmett when ho was shot staggered towards the door I 1 caught him and took him in to tho saloon and laid him down 1 him what else I 1 could do ho said something about water and J wont to the bar and got him ho lived about twenty minutes helped obrion in also ho said his leg was broken but I 1 told atmo no I 1 did not want to discourage him I 1 saw the bullet bolea in emmetts clothes no other peidon had any weapon savo the two italians saw no rocks or beer bottles thrown cross examined I 1 saw evoi thing that took place from tho time they went out till emmett and obrien ware brought in wounded there was no rocks or thrown had abero been I 1 would have seen them the irish did not use bad language as soon as words wore indulged ia at the bar put his hand into his hip pocket and pulled out his gun and the yellow un pulled his bigknife big knife out but they both concealed their weapons as soon as I 1 saw them the knife was a dagger right after this gilnaugh settled the fuss and called ua all up to the bar to drink which wo did saw defendant shoot and obrion but never saw any rocks thrown at him am certain hows bot injured to mr jovans gilnaugh went out of tho door with yellow un followed and tho defendant jumped out right after I 1 followed obrien as out the yellow un made a pass at emmett with his info and gilnaugh thwarted the blow and throw him down to mr kellogg I 1 have rib bad feelings against this defendant or any man living deputy marshal took the stand ho said I 1 arrested da fondant at deseret station ten or twelve miles this side of green river on a warrant charging him with murder he was traveling east along the line of the railroad fifty or sixty miles east of saloon at ayune kyune he was on foot several officers were with me we got to tho station at i in the morning at daylight wo started out for him there wore seven of us altogether about half past seven we saw defendant coming down the track with a rifle on his shoulder the stock back and muzzle forward when ho got within thirty yards of tho house wo all went out and called on him to throw up his hands r he hesitated slowly took down his gun from his shoulder and then jumped down six foot aside of the track in a dump so as wo could not seo him he then shot at us and we all aired he would then bob up and fire and we would firo in return finally one of the shot him in the loft shoulder and soon after he put up his right hand and held the gun in his left wo covered him and called on him to put down his gun he did so and deputy mount went and disarmed him ho had a revolver and a knife on him besides tho rifle tho pistol was brought into court and witness identified it as tho ono taken from him I 1 took defendant into custody and lodged him in jail in this city cross examined defendant had a scar on his nose when he was arrested there was no eyetooth eye tooth gone chati could see sheriff fowler was then sworn he testified as follows I 1 assisted in arresting defendant at deveret switch this side of green kiver we arrived at the switch by the train at 4 that morning soon after defendant came slowly walking down the track when he was within thirty yards of n we called out we are officers throw up your hands be hesitated for a moment and then polled his gun down and started pumping lead at us we returned the fire be then jumped afi the track below the grade which is four or five feet steep at that place he would bob up or twice and shoot at us I 1 know he shot at us because I 1 heard the bullets whistling around us as he bobbed up the last time one of the men shot him through the shoulder he then appeared in sight and threw up his hand signifying that he was willing to give himself up we then covered him with our weapons and deputy marshal mount disarmed him of his rifle a colts navy revolver und a long knife peter finnigan was nest called he said I 1 was in sa loon the night of the tragedy emmott obrion and myself were in there at least an hour before the italians came in the quarrel arose at the bar after the quarrel I 1 went out of the saloon by the back way heard the shooting and then returned and went out by the front door I 1 saw defendant with a revolver in his hand on the right hand aide of the door I 1 heard two shots before I 1 got to the door defendant oh seeing me aimed at my breast but enst before he shot I 1 fell and got out of the way I 1 was unarmed I 1 could seo grimaldi plain fiut I 1 see blood on his face or month mr evans here stated that obrien the man who was shot in the fracas had been subpoenaed but he was in the hospital at the time on toes day when the officer went for him he be found tho officers in salt lake were now searching for the witness and mr evana fully expected him to be here on the morning train A continuance waa thereupon granted court then adjourned till thursday morning at half past 10 |