| Show defendant mcfarlane takes the witness stand HIS VERSION OF THE KILLING it was done while ho was temporarily insane other testimony by witnesses for defense FRIDAY court resumed session at friday afternoon mr camrose was recalled cross examined by mr johnson I 1 first saw mcfarlane about fifty 1 beet below thee aloon I 1 biad a conversation with liim just outside abo pool ball about twenty five minutes be tore the shooting 1 I did not know anything about the defendant meeting at tho saloon to make preparations for a bunt I 1 went out of the saloon v ben mcfarlane McF arIane went out to see if ho would shoot the two men I 1 thought he might shoot as I 1 had seen him with the srun I 1 told the meu he had gone for a gun iwas standing in the the saloon door when he fired hansen was two or three feet from the ditch when lio fell I 1 did not see golding strike mcfarlane McF arIane I 1 saw him slap isic farlane I 1 think golding slapped mcfarlane because mcfarlane McF arIane doubted goldings word when he said ivansen was a gentleman mcfarlane McF arIane turned around and walked out all that I 1 noticed peculiar about mcfarlane McF arIane when I 1 first met him was that ho did not to me I 1 noticed his actions and speech was peculiar when I 1 met him the second time I 1 dont know whether hanson and goldiae were armed or not when golding went to the door he said fire away we are not heeled when mcfarlane McF ariane opened tho door he said now G G d n you como out golding was a large man he was larger than lie defendant iian sen was also larger than the defendant when Hansen waa shot he fell towards mcfarlane McF arIane franks bemis I 1 live at manti I 1 was there on the evening of this shoot ing I 1 met the defendant crossing alie street that night I 1 baid hello parley is that you he did not ans but came up close and looked in face he then said Is thai you isaid the matter he saad 1 I will tell vou some other time I 1 went on to the billiard hall when I 1 came in golding and hansen were playing pool golding said hello heres a forty niner I 1 am going to give him a drink I 1 went in with him and ot a drink he went hack to finish his game I 1 then asked coolidge what was the matter with parley I 1 understood that something had been going wrong I 1 went into the billiard hall and parley came in we had some talk about a liun ting expedition tion we were intending to make he went over to some of the other boys and talked to them he seemed to he acting kind of lecul ir lawent up to him and wanted to biow what was the matter I 1 was an old friend and I 1 thou glit he would tell me he told me to come on outside I 1 followed him out of the pool room and he showed me about eighteen inches of the muzzle of a gun he had on a big overcoat and the gun was underneath he said this is my friend tonight to night he nodded for me to go in and as much as to say ill follow you be did not haeft the gun in with him in the pool hall I 1 dont know when he had it I 1 went back in the saloon when he motioned to me he followed me in lie walked over to the west side and said to chris hemingsen Hening sen that thing we spoke of will have to bo postponed hansen said delleo We lleo parley said til go tor all of you my brave hero and you cant help yourself hansen made a remar and then golding said lies no hero but he is a gentleman parley replied he may be but I 1 doubt it as parley said that goldbug was in the act of putting the cue up into the rack his hand was empty and he slapped parley parley had a handkerchief in his hand which ho shoved in his pocket and went towards the door I heard parleys voice I 1 think he said now G d n you come out golding went to go out doors but lie was stopped by coolidge golding then threw up hia hands and said we arp unarmed but give us time and we will heel ourselves hansen got up from the bench and took the cue ball from the table but whether he threw it or not I 1 do not know hansen and golding had some scuffling they both seemed to want to get out first finally golding threw hansen back and he went on out he was followed by hansen when they got out I 1 heard two shots to mr johnson when hansen grabbed for the billiard ball he said to mcfarlane you G d n s of a b ill make you I 1 am not sure whether he got the ball in hand or not he made a grab for ono I 1 noticed mcfarlane was uneasy about something on this evening I 1 saw him bawling I 1 have seem him in this condition before I 1 went to this saloon to make arrangements for this hunting expedition there were five of us parley was one of the eve there were no arrangement ran gement for parley to bring his pun to the saloon on this evening one of llie boys was going to borrow parleys gun for the hunt mr hansen was lying on a bench in the north end of the room when parley came in parley first spoke to mr henningsen when he came in he said well have to postpone that thing because 1 am going south on a hunting expedition I 1 dont know what thing he referred to hansen said go what of it mr johnson required another test of time fifteen seconds had relapsed when the witness thought the time was up be direct I 1 thought that mcfarlane acted on this night like he was angry I 1 have seen him before when he was an kry peter domgaard I 1 live at manti I 1 was there on the night of this shooting I 1 came into the saloon in the evening oscar and golding were playing pool hansen was lying on the bench parley and henningsen was talking about a hunting expedition I 1 heard hansen say to him to go parley said I 1 will my brave hero some further conversation ensued and golding slapped mcfarlane in the face parley went outside and golding followed him I 1 went to go out but saw the barrel of a gun and so I 1 jumped back behind the door hansen said to me what are you getting behind the door for you cowardly s of a b to mr johnann Joh naon suppose ivansen was speaking to me as I 1 was jumping behind the door hansen and golding had been scuffling to see who should get out first I 1 heard two shots after golding and hansen went out I 1 then ran out of the back door I 1 tried to get out as soon as mcfarlane went out I 1 thought mcfarlane would shoot and 1 wanted to get out of the way I 1 saw a ball iu hansens hand when he spoke to me he was at me thought he was going to throw at me I 1 do not know whether he threw the ball or not the prosecution rested mr king made a brief statement for the defense he stated that the defense expected to show that the defendant through the excessive use of drink bad become enfeebled in mind and body for several years ho had been accustomed to drinking two and three pints of alc hohol per day this excessive use of stimulant had effected his nervous system and he biad become subject to fits on the date of this shooting an attack was made upon him by golding and Hansen he wag not in a condition of mind to judge of these acts and while in this condition of mind he fired tae fatal shot the defendant was visibly affected bv this speech the tears might have been observed coursing down his cheeks luther tuttle I 1 reside in Manti mantill lJ have lived there about thirty six years I 1 was there on the of november last 1 I was at Coolid saloon on tho evening of this day I 1 was at the post office getting my mail as I 1 to me boor 1 heard two I 1 went over to the baloon and saw a dead man there acome of the crowd were carrying him in his hat dropped and lay on the sidewalk I 1 baw a cue there I 1 picked ball up and laid it on the billiard ta als the hat and ball were lying w est of the mans head to mr evans I 1 should judge the man was two or three feet from the ditch mrs wm carter I 1 live in joseph city sevier county I 1 am acquainted with parley mcfarlane I 1 became acquainted quain ted eiith him a year and a half ago be was at joseph city treating diphtheria I 1 was with him two months working as a nurse he drank a great deal of liduor during the with him I 1 think he drank about three pints of liquor during the twenty four hours sometimes the drank alcohol and sometimes whisky to mr evans he reduced his alcohol he used about pints of alcohol per day 1 thought he acted kind of queer sometimes he seemed to be stupid william carter I 1 live in joseppi city I 1 have been acquainted with him a little over a year he was in joseph he was there about two months I 1 ars with him most of the time he was there as a diphtheria doctor I 1 took him around from place to place he drank a threat deal of liquor 1 should judge he drank at least three pints every twenty four hours somo of it was alcohol and some of it was homemade home made whisky he reduced the alcohol when I 1 eay pints I 1 mean before it was reduced sometimes for two or three days he could not get any liquors when he could not get liquor lie seemed to be kind of stupid and flighty he was down to my place last lall he did not drink then until four or fh e days before he left to mr egaas I 1 have seen him sometimes when we would wake him up oat of his sleep that it would take about fifteen minutes to get him out of his stupor I 1 drank a great deal of this valley tan it was not as strong as alcohol but it has the same effect if you drink enough court adjourned until saturday morn ina at SATURDAY MORNING court convened this morning at pursuant to adjournment the taking of testimony on the mcfarlane McF ariane case was continued parley mcfarlane McF ariane the defendant was called I 1 am the defendant in this case I 1 am 29 years of age I 1 am a married man I 1 have a wife and two children my business for the last two or three years has been nursing diphtheria patients I 1 have worked in sanpete and sevier counties I 1 have drank considerable liquor in the last two or three years I 1 dont think I 1 could state the extent of my drinking when I 1 am in a town where there is a saloon I 1 have drank mostly brandy whisky etc when I 1 am working I 1 drink alcohol 1 generally reduce it before drinking I 1 have not been healthy for two or three years back it was a kind of weak spell some folks would tell me it was fits and some would tell me it I 1 would feel nervous and shaky sometimes 1 would feel chilly my head would feel like a shadow I 1 cant remember how long these spells would last I 1 have experienced these sensations while under arrest but not so much as it abed to be I 1 do not remember with any certainty the evening of november last I 1 dont remember two men named golding and alansen I 1 have heard some talk of them lately I 1 have a kind of a faint dreamy recollection of two such men I 1 dont remember having any difficulty with them it seems like I 1 had met two such men and aliey were mad at me and were after me or something I 1 dont ie member what dont remember when this occurred it seems like I 1 remember 1 them at Coolid gea saloon in manti I 1 have been living at mauti t don t remember anything more of this difficulty now cross examined by mr evans I 1 have been treating diphtheria about eight years I 1 have been in manti gunnison joseph and nearly all of those settlements out there I 1 have not been steady at it all the time one summer I 1 worked part of the time in the canyon logging it was three or four years ago 1 have been at school in ephraim v hen I 1 was a boy I 1 was about nine years old I 1 went two or three months that is all I 1 remember of I 1 dont remember what books I 1 read ini guess it was in the first reader what I 1 have learned of reading and writing I 1 have learned myself I 1 have studied some medical works I 1 dont remember just now choso whoso works I 1 have read mr evans cant you look me in the face mr mcfarlane McF ariane the defendant looks up at mr evans I 1 have read dr gunn I 1 am 29 years of age my fathers name is parley mc faciane Far iane my mothers name is jane mcfarlane McF ariane I 1 have two brothers and three sisters I 1 know mrs carter I 1 got acquainted with her at joseph city when I 1 was thero bursing I 1 believe I 1 was there oliree or four months she was liel ping me nurse I 1 did not pay her if she got anything she got it from the people I 1 know mr carter her husband ho took me around the country I 1 had liquor while I 1 was traveling with him sometimes we got it at monroe and sometimes at elsinore it seems like we sent to salt lake city for some I 1 dont know how many times I 1 have biad homemade home made whisky several times I 1 dont remember who we got it from I 1 was drinking liquor up to the time of my arrest L have bad a little since then when I 1 was sick mr evans are your lungs affected answer not that I 1 know of mr evans cant you speak a little louder then answer ill try I 1 was arrested at ft ephraim it seems to me I 1 was hunting for my father and the officers I 1 was arrested by alfred pearson he is a city officer either a police or a marshal he took me to the city jail he kept me until the next day he then took me to manti from there I 1 was taken to provo from here I 1 was sent to salt lake I 1 hada hearing here in provo I 1 dont know who the man was before whom I 1 had a hearing from the penitentiary I 1 came down to provo I 1 dont remember when I 1 went to efraim I 1 could not tell exactly how I 1 did go to ephraim I 1 must have went afoot it seems to me there was something wrong but how I 1 went I 1 cant remember I 1 am satisfied I 1 went afoot it seems like I 1 went to ephraim to see some officers about something hat had happened it seems to me that I 1 saw geo billings before I 1 left manti L believe I 1 asked him to send his daughter up to stay wilh my wife it seems like ident to hunt or sheriff clawson it seems to me that 1 went to meet my wife somewhere and I 1 thought that she did not treat ma like she ought to she told me something about it in the marshals office yesterday she said she told me to go as quick as I 1 could I 1 wanted to find out whether it was true that she had said go I 1 want nothing to do with you I 1 had been informed that she said that it seems to me that I 1 have faint idea of baying a gun with me at the baloon and putting the gun up against the wall oat side and started for aba postoffice post office I 1 say why I 1 left it there ll 11 dont know whether I 1 went to the postoffice post office 1 or not I 1 dont remember seeing bemis there that night I 1 remember seeing hansen and Cr there I 1 have a faint recollection of meeting some one on the street he wanted to know what was the mattera it seems to he I wanted to know matter I 1 cant remember which way I 1 was going the eligh teat idea ot what bm of night it was 1 I dont remember whether 1 had had my supper or not it seems like I 1 had a gun with me it seems like I 1 was pondering over some money affairs or something I 1 thick I 1 j was owing mr Coo liase some money at that time I 1 be positive but it j seems to me there is a dreaming of mr coolidge saying something to me like he was mad at me I 1 dont know whether I 1 was drunk or not I 1 know for certain of anything that hap bened that night I 1 dont remember talking with him about exchanging pro perty that night I 1 dont remember seeing him that night I 1 know jens larsen I 1 have known him eight or j nine years I 1 dont recollect shooting j him I 1 dont recollect shooting at him i remember being in a scuffle with him it seems we had a pistol between us and it went oaf it was my pistol he was trying to take that gun away from me I 1 dont remember what he got a hold of it for I 1 had been drinking some that night I 1 dont remember threatening to kill larsen the pistol must have been loaded it was a 44 colts pistol I 1 owned a shot gun at the time of this last the pistol was not mine it belonged to billings I 1 know mr phearson in ephraim he has been in the saloon business I 1 had a row with him it seems like I 1 had a pistol and stood off the crowd officers and all J have a faint recollection of having a row down in sevier last fall it was the other side of glenwood I 1 dont think I 1 had a |
