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Show CLIO TRIAL NEARLY OVER A Flagman on the Rio Grande Gives Important Testimony. Tes-timony. CLIVE CONTRADICTS IT; WOMAN'S BROTHER SWORN His Testimony Was Much Inclined In-clined to Favor Wilcox, the Victim. Special to Tho Tribune. PROVO, Aug. 1, When court convened this morning tho state commenced the Introduction of testimony In rebuttal In the Cllve murder trial. Very little evidence evi-dence has heretofore been given for the state except to prove the killing, and. this being admitted, Justifiable homicide Is claimed by the defense. Tho first witness called this morning by the slate was II. P. Gayhart of Grand .Junction, Colo., a flagman on No. S Denver Den-ver &. RIo Grande train, on which Cllve went to Mill Fork on the night of tho killing of Wilcox. Gayhart Identified tho defendant as a man who had passed at or near tho rear of the train when It stopped at Mill Fork on the night of May 7. Cllve had something In his hand, which witness thought was a gun. He said Cllve sat down for a short time on the railroad grade, afterward disappearing toward the work train, and Immediately after Cllve went out of sight in the shadow of the work train witness heard a door open and immediately heard two shots firod and a man call out. "My God. don't shoot any more, you've got me now." He also heard a woman's voice say. "Don't kill him." Witness then loft with his train. Gayhart's evidence was given to contradict defendant, who claims he louded his gun near the car wficrc he heard Mrs. Clivo remonstrate with Wilcox. Wil-cox. Jcrre Daley of Ogden. conductor on train No. S. May 7. testified that defendant de-fendant rode on No. 8 from Salt Lake to Mill Fork on the night In question, and that tho train arrived at Mill Pork at 10:30. . Mrs. Olive's Brother. Ralph Olson of Salt Lake, a brother of Mrs. Cllve. testified that on May 5 Wilcox came to his mother's home In Salt Lake and asked witness to go to the carat Canyon siding with him. so as to protect pro-tect Mrs. Cllve. witness' sister, and. In case Cllve should leave, to be there to protect his sister and her reputation. On arriving at Canyon siding. Wilcox and witness entered the car together. Mr. Wilcox went Into Mrs. Cllve s room and gave her the flowers and witness followed fol-lowed Immediately after. Witness said he did not think Wilcox had time to klsa Mrs. Cllve before witness came into the room. Mr. Clive came In a short time after. The next morning Mr. and Mrs. Cllve quarreled In the car and Cllve said lo his wife, after accusing her of letting Wilcox kiss her. "1 will kill you." On cross-examination, Olson said he believed be-lieved that wus what Clive said. When witness stepped In botween Mr. and Mrs. Clive and said. "You won't," Clive struck him on the nose. Mrs. Clivo then called for Wilcox and he came, and In the quarrel quar-rel botween Wilcox and Cllve. Wilcox told Cllve to come Into the office and get his lime. Witness said the night of tho shooting ho went to bed at 10:30. leaving leav-ing Wilcox In the office. The shooting occurred not more than ten minutes after ho left Mr. Wilcox. Witness said he had not been to sleep and had not heard any noise or voices before tho shooting. IIo heard no one enter his sister's room through the door leading to hor room (Cllve testified that ho entered In this door). After the shooting, when witness. Mr Cllv nnrl Mrs Clivo worn alone in the car. Cllve said to Mrs Cllve: "1 thought whon Wilcox gave you thoso llowers I would make him wear them." Clive asked witness to say that he heard or dreamed he heard Mr. Wilcox In Mrs. Cllve's bedroom, when Mrs. Cllve said to her husband. "I'll say 1 killed him." Mr. Cllve replied, "No. that will not do. 1 brought this gun from Suit Lake and they will find that out." Cllve told wlt-noss wlt-noss to burn some papers and ho did so. Mf did nol know the contents of tho papers pa-pers and made no effort to know or to keep from burning them. Thorp were several sev-eral guns around, said tho witness, "and I did not want to take any chances." The slato was nol permitted to examine the witness as to n statement made by Wilcox to witness nbout a forged certificate certifi-cate of deposit brought back from Salt Lake bv Cllve for Wilcox. Witness, how-ever, how-ever, did testify that after tho shootlnn Clive sent witness out of the room, so that Clivo and his wife might bo alone, and witness heard Cllve tell Mrs. Clivo to got down on her knees and hold her hand3 whero they belonged. On cross-examination witness said ho did not remember Clivo saying to Mrs. Cllve at the tlmo Cllve struck witness. 'I would rather kill you than have you go wronc with Wilcox or any other man." When Clivo left tho next day after the shooting witness and Cllve had a talk at Sprlngvllle, at which Clivo rather apologized for striking wltnoss. and said that he thought witness was. rather In tho right to stand up for his sister. Cllve asked wilness to look after Mrs. Cllve and protect her from Wilcox when Clivo way away What Olive Said. Deputy Sheriff Ellas Gardner of Thistle, who was cnlled to Mill Creek after the shooting, testified that Clivo told him that he and Wilcox wore standing up when the fatal shot was firod. that Cllve pressed tho pistol against Wilcox's body ond firod anil Wilcox foil. Witness said Wilcox's bod appeared as if some one had recently occupied It. Iko Miller, who was with tho brldgo gang, tostlficd that Wilcox's bed, after the shooting, looked as If It had been occupied. (The object of this testimony Is lo confirm the state's theory that Wilcox Wil-cox was In his room and In bed when attacked at-tacked and killed.) The court room was crowded today during dur-ing the progress of the trial, many people peo-ple standing. Cllve. the defendant, is a close observer of all that goes on In the court room, and occasionally makes suggestions sug-gestions to his attorney. Mrs. Cllve sat by her husband, immediately behind Attorney At-torney Whltocotton. Mr. and 'Mrs. Cllve. father and mother of the defendant, and also an aunt of defendant, have been In attendance In court for tho past two days, and they, too, follow the proceedings very closely. Deputy Sheriff Halos. Alma C. Hnles, deputy sheriff of Utah county, who wont to Mill Fork on May 8, testified that Wilcox's bed nppeared to havo been slept in and Mrs. Cllve's bed appeared as If somo one had been in It on the front side, but the pillow on the back of the bed had not been disturbed. "Six bullet holes were found In the car, all In Wilcox's room." said Mr. Hales. "None were found anywhero else In the car." The course of the bullets was toward the northeast and cast, except one, which was toward the south. Apparently Ap-parently nono had been fired from the oast. Tho blankets and tarpaulin of Wilcox's Wil-cox's bed were Identified by the witness and Introduced as evidence, attention being be-ing called to the holes and bloodstains In them. Mr. Hales gave it as his opinion that the holes were bullet holes. Sheriff George E. .Tudd. who wenL to Mill Fork the next day after the killing, was called and corroborated the story of Deputy Sheriff Hales. County Physician H. S. Pyne was again called and testified that tho stains on one of tho blankets was blood. Mrs. Wilcox was called to testify that she had never heard of Mr. Wilcox being In trouble over another woman, as Cllve testified Wilcox had told him, but her evidence was not allowed to go in as rebuttal. re-buttal. Judge Booth, however, Instructed the Jury that the statement of Clivo should not bo considered as against the character of Wilcox. Hero the state rested. The defendant, Cllve, was called in sub-rebuttal. sub-rebuttal. He denied the testimony of the flagman, Gayhart, on the night of May 7 of seeing him. ' Here the court adjourned and the Jury went to the depot to Inspect the car In which the killing occurred, accompanied by the attorneys- and Deputy Sheriff Hales; and In this Inspection one of tho Jurors, S. D. Johnson, discovered a bullet bul-let Imbedded In the partition, near the floor. In tho middle of the orflce room. This was an Important discovery for the defonso. The caso will. In all probability, be given to the jury some time Friday afternoon. |