Show THE MURDER CASE TIM prosecution OF ima it KILLING hie 1116 JAl denee MICH ihen during the be first rs 1 I 1 aliree dais daa s of the trial As ag our last issue went to press tile the e clment of abury lit in tile the ether nl at aigul go pao murder case was mas in fit pro progress grems on wednesday ly morning tile the ful lortin were duly anil and amorn to try the C case a Is of albert julior ether who was tt as on trial for tile murder of alike ilah flah 0 eriv t jiin jolin KirA nJohn a thatch ir r li allett alexander Alex anler ellis allis cleator T lalor ly robert hobert W 0 A smoot t J r esaue Forden sk II fenry W witt niter ter jones and L C E 1 luce after the reading of the tha indictment by the dork mr air evans stated t tha lie allege 1 I facts connected with the it killing I 1 of flaherty ria herty antho on the of oct hist til gintic tintic all ail tho the witnesses after bein being T sworn were excused irom t the he ring the riving of the hie testimony dr 11 11 II simmons was wai tle the first witness called for the prosecution lie ile testified that lie will wag lit in tintic about the oth of october lie ife was vas at eurella and made an examination of a lend badr body at that tho the body of the murdered man michael All chael flaherty erty A kiin gun or pistol antol shot pilot had been tired fired through ins his licad between the eyes the ball hav nis ing passed clear cigar through hii fits head bead the ball bail had nono through uli practically on oil a line 11 II 0 Santa meyer testified stifled tc that on tile othi of oct ile he resided nt at ammoth Al lain moth hollow 10 v at 10 that evening was on top of 0 the 31 mammoth ammoth mine arid and saw flaherty I 1 laherty in J M wheelers wheeler a cabin james jamea donohue Dono huo john leach and I 1 the lie defendant occupied the cabin saw leach sta stand nil ing Z on the floor of the east e room anti anil he told me line what lie was doing I 1 went into tho the west room and saw sa flaherty lying dead in fit a bunk on the north side of ill lie a west ivest roani room there was va a wound in decease ds forehead saw SAM donohue near tho the veal end of the bunk with ilia his head lying lin buck back on oil the wall it ins 13 forel lead ap parent ly wounded and a bullet hole was waa seen in in the north wall on oil a level nith forehead forth cal Dono hueg biles wasi was evidently asleep asia could r not lot say bay that lio lie was has intoxicated intoxicate J leaca t was there and appeared as it if under the influence oi of liquor loach leach started to give an account of tho a transaction and I 1 shook hain off telling him I 1 did not want mant to hear bear anything about it did not see any weapons teapot ls in in the room there ware a couple of cartridges there cross egami examination nation there wag waa no candle burning in the room where flaherty was waa diamond was in the house joseph blackett ackett and david philips were ft ere pie sent had not seen been flaherty for or aar nearly c I 1 two years earb di did d not BOO him film the tha d day ey leaoro tile the murder minder enquiring for work vork re lie direct diamond went to tile the cabin ahead of me 1110 philips went w ent for the officer am foreman of tile tho mine mine can discharge men but not employ them A man dian named mansfield went to work there on tile the morning of tile tha till john T ci sullivan bellivan bul livan testified that lie he was C constable oi Is t a it 10 for precinct which in includes Alami mammoth noth hollow was called tu to go to the hollow on the ath by a i man named philips I 1 batched bitched up my team I 1 11 V tone tome 1 philips I ps and in 1 I bergerson ac 0 o pl p l 1 I ine i wa ve ft e ere re talen to toa a 0 cabin n b i i ill there e r a it lie had d ller three e rooms found 1 t I 1 1 i in tile tho if list lint room a man named lansfield a is old tile named nd cannon and another named leach leaile in the west room loom there wits liia a dead man lying there thera donohue was lying on oil fit the game bunk I 1 said baid to it lookman looka aa so though somebody nome body had been taking a shot at you ou i hanerty B licad head appeared to no lying on his right forearm put the point of 0 my iny finger in the hie wound woun I 1 at the bick back of the alio head there was blood around held field a coroners inquest next morning it was vis about a quarter wong to one when we made fit the egami examination nation on the went over there to get 1 laher Flaher tys clothes found no weapons there saw no weapons a on the gah or afterwards cross croaa examined saw leach before I 1 pass pained ed into tho the west room lie he win was at standing at i ng there A bottle of whiskey was waa found in dillons room when I 1 shook Don oliue lie did not appear to act ro rit tio nally 1 HB e diree direct t I 1 D Dino no I 1 liuo it to appo appeared arel to be vory very stupid wai wag evidently very drunk leach leai h also appeared stupid cross examined the bunk appeared to be about 2 feet lio ito direct I 1 should think it was about three feet m his and six and a hall half feet long I 1 loft left toot oot was waa on oil the floor the rha bottle of ft whiskey hickey was w as on the thelt mike mansfield passed st to nio me and naked asked me ino to take a drink thomas diamond hid had lived three or four years at know miko mike flaherty vi was M culled called away from be tween 0 band and 10 loon oil tile night of the ath und w i nt to the cabin 1 oun 1 thero there dead saw there also leach mil and donohue Don oliue leach was standing there with a inn ha in fit his hia I 1 liand and saw fla liberty 1 11 1 lying bin there with a wound in in his fits f uri r boad donohue was wai lying there on oil the imo nimo n bunk his forebear fore bead apparently burnt I 1 Ilenia tenial ined ned thoro there until the officers lame came from lureka eureka to take charge of oe deceased then ihen I 1 went home to be bei 1 mans nd field I 1 cattle caino to work that day I 1 lid ad known 1 laherty tivo years lie had been work in ing lit in the tille bullion cross exi examined mined itla ills face appeared to lie toward toft ard the held head of tile the bed no 0 o body be moved the bo ly or litin my presence the blood and brains were oozing out of tho ilia wound in in the forehead foi elie id some onto blood bloo 1 was w as on oil his moui tacho before the officers ot came I 1 went out 0 I 1 I 1 t of the cabin for about hit an hour the rho body w ans aa in tile the a banle ime position v hen I 1 came bink back I 1 leach each w was as out a short time before tile officers ollic erB came an and 1 lio ito brought nth him some coma whiskey whon I 1 returned the officers were with ith me il ellel Mansfie lil I 1 was ilni there 0 tile ilio w whiskey lanskey was i ibid 8 around don dont t know knott flieth whet lier I 1 drank dranka ar not rha supposition is tint that if whiskey wits w is there lure leich leach would drink I 1 it lie ite direct Mansa mansfeld eld canio came about the lite ti tine p tile otti cers came cant say ray abeth tr the blood on Flaher I 1 li bertys tys moustache had dropped down or was rubbed down domn wits was taken until 2 1 0 clock veter GI i was v as the ilia first drat wit witness wittiest lulled called lit in the to af afternoon t e anoon afeard shots hots front roin the cabin in it tto lite night of the oct I 1 0 iki 11 litt e in tho lineation of tile tho cabin and an 1 rm aw it 11 liht light daining through it 11 por norih limle li then went to the ai aa loon alimi hi 11 tin the first shot wai fired dred step pid ped to my door I 1 was waa bardi from tj lie to cabin cross crois examined the shot inight liao have been fired outside of tho cabin merely surmised 1 the that I 1 I 1 llie lie shouting sho mi wa 4 done d no in tho the rabin cabin I 1 leard tile aira clr t eliat about 8 thought the pilot as in tint that cabin started 1 five or ten minutes inin iti after natt r heuring hearing the shot toward the I 1 ouse luse heard lie ird of the linni ill mile that it U tit ii tile second I 1 s eliot lot was waa 1 vireil ire 1 I vaai about I 1 00 arda bards from the cabin ahm i iwas I 1 was then at a th ilif store I 1 thought thou lil it was as filoi liry 1 lit in somo some cabin in a that the rhe wind wa was blowing blow in from that direction ili it waa A as not mowing blowing up the canyon 1 henry I 1 adams testified that lie was the prosecuting er ti ng attorney of juab county lie ile er had ail beeri been to tho tha cabin find and taken some measurements witness had drawn a plat with measurements of 0 each room lie liml had found a bullet liole hole in the north v wall 11 0 of f the e west room the range we was a d downward vol w n i rd Jint Donohue was wag sworn first got a n with defendant on the luth 0 of cita f fast aisted month went to tile the cabin about 7 on tile night ol of the all aff rny fily in company with ith leach alicy were sitting in fit leacha room when kither either came into tho the cabin leach put liis his hand and in his bis 1 pocket beket and gave ether some soma money to get some soine whiskey with ether cretu returned aried about half tin an I 1 hour lour after afterwards at ds when they all took a drink not long after this some bomb talk was wa bild lild indulged bulged in it bout shooting witness said to ether shut up tip you B s of a b about your shooting ether then went for his pistols and corning coming back throw threw one to witness leach leacle picked picka tile 1 t oi up and finding 1 it ma aa empty bly malj your a nice it of it 11 b to yive a man an empty pistol to defend himself with I 1 told leach to give it him back ether than leveled liis ills pistol on me and I 1 just fust had time to jork jerk my head bead back and miss the first slut shot I 1 tho the ball p passing issing my forehead E ellier ther then went out and returning f ired fired at r laherty the ball going through ilia his head flaherty fell ell back never naver speaking another word ether left the room but returned and after staying one minute minto to or so left never had it a knife or pistol that night nigh nc neer er carried one lor fur eis yeara about half an hour afterwards I 1 went to sleep on oil tho the bed bad along tilde sida of flaherty cross examined done considerable prospecting in nevada ever since 1850 to 85 have worked on oil the corn com stock for a i year went to new mexico in may 1880 was there from froin then fit till I 1 two or r ill flirea as years cars it ago go was arrested for killin ing li prank rm eni 1 was tried and convicted mr Dickson son why did you yon swear bo fore tins the committing magistrate ficat you was acquitted 7 A did not state so BO mr dickson then read from tile evidence given biven at the prel unary I 1 clorn healing where lie said yes yea sir sir I 1 was arrested agreste and got clearoe clear 0 it witness slid said when he ha gave that evidence lie did not mean to convey tile the impression that ho he was aa innocent of 0 the arime anini the reporter must have hava erred in taking down such evidence I 1 served out ot my sentence this is 11 what I 1 meant ahei when I 1 testified 1 I pot got clear of 0 it I 1 might inight havo have stated I 1 had killed three men in my cay timeout time but it was in a boasting manner I 1 I 1 have haie never done so however I 1 made this statement to dillon it a few day da a before tile the shooting in tile the mine mine it was not in in earnest I 1 was merely s sin larkins lar kiny nIr it might not have been thong thought t buell b by dillon but it was so BO it was waa about 7 when I 1 went from the alia saloon to the cabin pencil leach went B ent with with me m I 1 think I 1 could not state positively I 1 vs as so BO full it was v is about 2 ol 01 clock that afternoon that I 1 met leach lie he wits in the saloon all day flaherty was in the saloon the slime same afternoon ether as there too at t lie same time when thov they indulged in in an angry g y W words ether calling a ba bastard s lar d and witness retaliating by calling him abid a d s of a b 11 mr dickson did you make in ike the statement before the magistrate that ou on did not call ether 1 ahr a d s of a b 11 at that time some then ensued between tile the prosecution and defense cis as to tile the reliability of the reporters notes and mr 11 II A noon vasa vasconi oni testifying that be had practiced ea stenography tor for about live five years and that the report r t ho he lud had ink kiiken an of the examination before bedfor 0 tho the magistrate was correct had rep reported parted cases in in salt lake before commissioner maldy I 1 was not requested to ran scriba 0 the report of the examination by mr dick dickson on tho the statute compello com me ma to do it mr dickson again repeat dl tile question slid anil rend read from tile the report of dono one hues evidence before commissioner hills iia as to cattle calling g ether a d a of a b witness thel then said gaid that ins his statement as ag read must bo be correct it was B as about twenty minutes after lie ho left the commissioners room after giving his evidence that lie recollected having called ether a a of a b thought it was clr D ivans ho he told lie he had called uther ether the name and after consi considering a while thought it was before going abing into commissioners room had find never been in leacha cabin before the tha shooting saw baw flaherty ria herty there ft when hen the light was lit leach and I 1 had been talking together on the bed did not say before the that I 1 cou lant remember anything that was tt as said before shooting think now that I 1 laherty flaherty map in in there when leach lit the candle and think halt half an hour after bert ether coale came in ether vo was is gone gona for the tha whisky about a qt quarter tarter of an hour wo we were v ere talking about a mine anine in nevada navada while ho he was IN as gone iono dont Jont remember what mine mine or anything vo caid did not say tile the is 8 of a b is is no account anyway an way and lets lela kill him film tonight to night and don dont t remember I 1 leach each saying that there should bo be no such racket there and that lie he had known that boys lather father many years and see aeo the boy hurt can arl amear that no such conversation occurred d I 1 will V ill swear also that no 10 man came in in and eat bat on the box just before ether came back leach said baidoo to 1 liberty flaberty that he had sent bert for H ciaky wilt will swear that I 1 was wa not in that cabin with leich leach le ich and fla herty before 5 tint that afternoon ater afern noon oon dont remember ri saying baying before tile the com coin I 1 could not swear whether or not I 1 was in in dillons Di llona room fit that at ever eien ing vai ai no noa in in dillons Bil lons room they may have put me in there when lien I 1 was asleep will il swear I 1 was wai not in the room before the shooting eliciting think now lien 1 I woke evoke up tip next morning I 1 was on oil ile the be bea I 1 with v ith the dead man V wherbert Wh lien enBert bert came lack back with mth the whisky the bottle avas M a passed p isael round and ether commenced talking to somo somebody body it mas ono one ol of us ua sald said lie wits ft a good shot I 1 said bald something to linn him and lie ho got rhad mad and went out I 1 lito into the other room and an 1 got pistols lie ile came in in and said d a ou on defend 1 I e fend yourself ouri ulf no Ile I 1 member leach I 1 each holding li tile the pistol isell tl up p to the light to sie sea if it was loaded anil and calling him a coward to give a matt man an a empty I 1 pistol did not say to john dalis tho the next sunday or to any body else tint that I 1 snapped the pistol t tw ice at bert belt leach snatched ill the a pi pistol s out of my land hand to see it if it was loaded never N ber SAW leach before that day when inn I 1 saw bert raise baiao his gun gan I 1 threw back my head |