| Show FIRST DISTRICT COURT continuance of alio anna marks case elizabeth laird testified that she knew anna marks on the of august just as I 1 happened to the door I 1 saw mrs marks fire at mrs tompkins and her children I 1 saw eva fall she fell about the third shot to mr king I 1 have never had any trouble with mrs marks about rent I 1 nayer had any conversation with anyone about thia case except my husband I 1 haye never said that I 1 was going to put mrs marks in the pen if I 1 could the prosecution rested sarah hanks was the first witness for the defense she testified that she lived ati eureka gintic tintic Tin tic was working stor mrs marks on the of august I 1 put up the clothes line as usual and was putting out the washing I 1 did not fasten the line to the gate post but to the post next to the gate post this post was on ground as I 1 was putting out the clothes mrs tompkins came out of lier house with a hatchet and told me to get out of there or she would beat my braina out I 1 told her I 1 was in no hurry mrs thompkins then went ana cut the line down and the children commenced to throw rocks at me one bit me on the arm and cut through my dress it made my arm bleed mrs marks then called mo to come out of there or they would bill me after I 1 came out I 1 heard a shot fired when the shot was fired the thompkins family left va walked up to alie steps I 1 did not see them carrying her I 1 dont know how many shots were fired I 1 remember hearing onee hot I 1 did not see mrs 1 went out into the public ife thompkins continued to throw rocks until after the shooting chev were throwing rocks at mrs thompkins house while the shooting was going on after the shooting I 1 went in mrs marks store mrs marks was sitting there I 1 dont know where the the shots came from mr watts justice of the peace said he examined the wound on eve thompkins head and had found a black and blue bruise but the akin waa not broken mrs tompkins had testified in the justices court that the abkin had not been broken on evas forehead air king in jour judgment mr watts was this wound made by a pistol shot a objection by the defense and mr kickay proceeded to examine the witness on his knowledge 0 history and the number of wounded and killed men he had seen in the various battles of the mexican war the witness wag finally permitted to answer the question I 1 do not think such a wound could possibly have been made by a pistol shot M labua testified that he heard the shots aired by mrs marks and saw lier holding the pistol in glicr hands james MacCa uleys testimony did not developed dev elope anything of importance in the case anna marks testified that she lived at eureka on the of last august sarah hanks my servant girl went out to hang out alie clothes I 1 bieard a noise and on going out I 1 saw mrs kina with a hatchet and heard lier yay to sarah yet out of here or ill knock your brains out I 1 told tho girl to come out of there or they would kill her they threw rocks at me and I 1 ran into alie house and got a pistol I 1 ran behind alie wall in alie alley way and fired the pistol up in lie air I 1 did not dare to come closer on account of the rocks 1 did not aim at anyone 1 I have any intention of shooting anybody just wanted to scare them I 1 own alie property I 1 had i warehouse on the disputed property but mrs tompkins had it torn down and fahad her arrested for it the warehouse was torn down a few days before this shooting occurred bourt adjourned unil saturday morning court was called to order at this morning pursuant to adjournment journ ment parley mcfarlan appeared and plead not guilty to the charge of wm was arraigned on a charge of murder he was ordered to be placed in custody of alie marshal hiram palmer plead guilty to alie charge of unlawful cohabitation lie will be sentenced march 25 on the application of the plaintiffs attorney the case of dowlea miller vs B F alleman et al was dismissed testimony in alio anna marks case was resumed by the defense judge watta was recalled lie fled in relation to the premises of the tompkins and marks pr mr labno was recalled and testified j that he bieard alie sound of rocks being thrown against mrs marks house during the shooting mr chappel prosecuting attorney for juab county testified that lie saw the wound on tiie fo of eva tompkins but he did not notice any break of the skin mrs tompkins was recalled by the prosecution and testified in relation to the size of the various possessions henry adams ex prosecuting attorney ot juab county testified in relation to the possessions of the disputed property the case was submitted to the jury without argument the jury were chareen by the judge and they retired six jurors were called on the new venire A B thomas was excused as he had conscientious scruples abent i taking the edmunds tucker oath the case of the people ys anna marks assault and battery was called mckay for for the prosecution king for the defense joseph fairbanks appeared and plead not guilty to the charge of assault with deadly weapons the case was set for april 5 the anna marks case number 2 was proceeded with milton price was excused from alie jury as he had had business relations with mr mcmurphy the complaining witness ales gillispie was excused from the jury as lie was a personal briend of the complaining wit ness mr mckay moved that mr be associated with the prosecution ec ution motion overruled joseph mcmurphy was the first witness for alie prosecution lie testified that he lived at eureka gintic tintic I 1 am a partner in the saloon business with mr williams the firm is known as williams mcmurphy cur saloon is located at the southwest corner of mrs marks store there was some dirt pressing against our building and there was no way of removing it except by removing some boards iu the alleyway between the two buildings as I 1 was doing this on alie of august last she stuck her head out of the build ing and asked me what I 1 was doing I 1 told her I 1 desired to remove the dirt in the alleyway as it was pressing in our building she told me to get out of there I 1 did not do so and she threw three beer bottles at me in quick succession I 1 threw something back at her I 1 dont know what it was that I 1 threw mr testified that ho lived at eureka gintic tintic on the of last august I 1 was with murphy when he removed a hoard in the alley way for the purpose of removing the dirt in the alley way that was pressing against his saloon he hud a hatchet and commenced pulling some boards from a structure in the alley way mrs marks appeared and asked him what he was doing she told him if he did not get away from there she would knock his brains out she then threw three beer bottles at him and then hollered to marks to bring her pistol I 1 told mcmurphy as he had no arms he had better como away these boards in the alleyway formed a part of mrs marks cellar court was adjourned until 2 the jury this brought in a verdict of guilty of assault in the anna marks case no 1 THE grand jury came into court this afternoon and reported two territorial indictments they also recommended that alvin crocketts bondsmen be exonerated one rated and that clias B hancock be discharged from the custody of the sheriff |
