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Show The Murder Trial. The Prosecution Making a Strong Cast, and Not Through Yet. They Will Probaby rest To-day. The Defense Promises to Make an Equally Strong Case. John S. Painter was the first wintess who took the stand on Wednesday morning. Was in Nephi, January 10th. Saw defendant aobut 5 o'clock in the afternoon. Mr. Green stood close to him. Mr. Gad and Marting, sometimes, called "McGooslin," also stood near, the sun was yet shining. I had just come out of the door facing east of the house. I came right out behind the others when I got out of the house I saw Green and Pearson standing talking together. My attention was drawen towards McGooslin, as he was rather intoxicated, so I did not hear the conversation. McGooslin tried to crawl thorough the hole in the door (the panel that was broken out.) When I first came out I saw Mr. Pearson with a revolver and a pretty large knife, the latter in his left hand, and twirling the pistol in his right hand. There did not appear to be any excietment. Gad did not pay much attention to it. As they were going towards the mule I saw him put up his knife and then his revolver. Mr. Green and Mr. Gad started towards the animals, when Pearson said hold on -- stop, they took no notice of it. Pearson then said , "Hold on, stop you G-- d-- s-- of a gun stop or I'll shoot you," and put the pistol pretty close to his chin. Pearson said, "Look out, it is full cocked." Green said, "Well shoot me if you want to," and Pearson threw his revolver around into position and then said, "G--d d--m you I will shoot." He fired, and Green fell on to his knees, and said to Pearson, "You've killed me." Green tried to raise himself up, and Pearson said, "No G--d d--m you, I ain't." Green replied instantly, "Yes, you've killed me," and then turned over and fell upon his face. I heard Pearson call Gad, and say, "Here, mister, come here and turn over this man and see where he is shot." Gad then turned towards Pearson slowly. Pearson said "Hurry up G--d d--m you, or I'll shoot you." Gad said, "O well I'll turn him over." Pearson san "Well, then G--d d--m you, hurry up." Gad turned the man over and shoewed Pearson the hole, and said, "Here's where you shot him." Pearson then called to me to stop the horses. I stopped the, had hold on the bridle. He then said: "G--d d--m you, loose that horse and get out of the way." He followed me around with his pistol until I got out of his way. he then told Borrowman and hartley to get out of his way: it was about two minutes before I went to the body. Mr. Pearson went out into the street, and I went out on the road to watch him. Saw him about five blocks away, making the horse go as fast as he could. When he got out ofmy sight, I went back to the body. There was a big crowd around the body when I got there. the man was dead I thought, but I saw a little respiration. I remained out there with the body about a quarter of an hour. He was dead the -- no signs of life : the body was lying on tis back, the mouth open. I saw the would the next morning at the Court House. The next morning I went into the room where the body lay. I helped to undress him and wash him. There was a wound near th epit of the stomach. I looked at the back to see if the ball had gone through, it looked dard on the bak. It was the same body that I saw the day before -- the body spoken of as Green's. Cross-examined: Head been constantly in Nephi for some time before the homocide : did not see the boys the evening before. Saw Mr. Cole previous to the shooting : he came into Chalmer's. this was about half an hour before the shooting occurred, a little before four o'clock. There was som effusion of blood came out of the hole when we turned it over. I never saw the body again. I never took any parf or interest in the matter except as a citizen and in the casu of humanity. I did sign a paper with a Mr. Cooper and sent it to th Salt Lake Tribune to refute some false statements in reference to the matter. I also took around a paper in respect to defendant's bail. This paper was gotten up by a Mr. Scofield. I took it around to get signatures, six or eight persons, in a blacksmith shop, signed it, ana number of others. Quite a number that I took it to did not sign it, thnk it was for a request to Judge Powers to issue a bench warrant. After recess, Wednesday afternoon, the cross-examination of John S. Painter was continued: Can't remember the name of anyone to whom I showed the paper, Am not aware I showed the paper to any one who refused to sign it. Sent it to Judge Powers, there were perhaps half a dozen signatures on it. It was the horse Green tied. Did not consider either Pearson or Green drunk. They had been drinking, but it seemed to me they knew what they were doing. Understood that Pearson kicked the door after Green. Hartley had said so. Gad looked as though he had something to drink. John Sidwell was called next. He said he was at Chalmers' house on the afternoon January 10th, and saw the dying form of Forrest Green lying on the ground in Chalmers' yard. Saw deceased about 2 o'clock that day in company with defendant. Saw the body again at the Court House, same evening. I helped wash it. Had charge of the body while Borrown it was away. Assisted in removing the clothing. The wound on his breast was about one inch from the centre, the hole was bout the size of the end of witness' finger. Saw bruise on the back which was discolored from his shoulders to his hips. Cross-examined: Was constable. He ceased had a shirt on, did not notice any marks on it. While raising him to dress him, noticed blood ooze out of would on his breast. No grains of powder on the skin. Saw defendant after I saw the dead man riding back to Nephi on the horse. He rode past me. I saw his face clearly, and I turned round and got clost to him. He got off his horse and rode in a buggy to the jail. He looked as though he had been drinking. When I saw him at 2 o'clock he did not have a coat on, but I think he did after that. Ernest II, Green was recalled by the prosecution. He had been most of the time with his brother in Nevada. Recognized the clothing in the Court House as my brother's. The clothing was taken on to Salt Lake. Saw it ther, it was in a sack, opened and looked at it. It was in my mother's possession when I last saw it. Mrs. Anna Green, mother of the deceased, was called to the stand : Live in Salt Lake. In January last I lived in Nephi. Remember teh body of my son being brought to Lehi by Ernest and Charles. the clothing consisted of shirt, pants, undershirt, socks and hat. I have the outer shirt with me. The trial of II, II, Person, Jr., was resumed Thursday morning. Mr. Highton stated that Silas Foote, one of the witnesses for the defense, had met with an accident and was unable to attend, he asked girlhis depositions be taken. Dr. W. R. Pike was called for the prosecution. Was a graduated physician. The pit of the stomach is a tthe point of the breast bone. He was asked to state the position of the heart. To this defense objected on the ground that no foundation had been laid for such testimony, it is clearly inadmissable. The question was withdrawn. Question -- Supposing a gun shot wound had been deliverd anywhere on the front of the trunk and above the abdominal cavity of the body of a human being, or the body of a person when wounded fell to its side almost immediately and turned on his face, lay on face, a minute or so such matter as that, and then turned on the back, would you or would you not expecta discharge of blood from the wound? Objected to by the defense, on the ground that the question is based on an assumption of fact which is not on the record. Discussion followed between counsel as to the propriety of the question. Mr. Highton occupying some three hours in delivering a very able and eloquent argument. At 3:20 p.m. the arguments were closed and court overruled the objection, elating his conclusions and his reasons for so doing. During the delivery of the argument the jury were permitted to retire. At 3:30 they returned, and the witness, Dr. Pike, the question was again propounded. His answer was, I can't answer that question without qualifying it. Question -- Could a gunshot wound be inflicted upon a body in the locality described, followed by such results, with any form of ball such as you have seen used in guns, and cause hemorrage? Object to, and withdrawn. The following question was then asked: Are gunshot wounds inflicted upon a living human being, as described, necessarily attended with outward hemorrage? Answer -- No sir. W. B. Borrowman recalled. I saw the body in the yard. A few minutes after the shot was fired, I returned to the body, it was lying on its back, assisted in carrying it into the saloon, Placed it on a platform. The body remained in the same position -- on its back -- until next day. Placed a piece of cotton battting in the wound -- a piece about the size of the end of my finger, pushed the batting in to a level with surface of the body. Cross-examined -- Have talked with strangers since last examination about the case. Can't swear that the body was removed while I was temporarily absent. Re-direct -- Was not out of the room three minutes on Sunday night, was not out of the building. Dr. Pike took the stand again. Suppose a gun shot wound was inflicted ona human being in life, in the locaility described, and penetrated the body, and the body remained on its back for about twelve hours what would be the appearance of the body? Ans. -- The body lying on its back several hours under those circumstances, would show a discoloration along the spine. Cross-examined: The same result might follow from other causes than by a bullet wound. Re-direct. If the wound had not penetrated the body to an considerable depth would you expect any considerable discharge of serum when the body was turned over on its side? No sir. Sherif Cazier was called and sworn. He said : Saw deferendant in Nephi on the 10th of January last, in the afternoon, about a mile and a half west from Nephi. He was traveling on horseback and was distant about 60 yards, he was going west when I first saw him. He turned off the road toward the south when he saw me. Sidwell was behind me, and came up afterward. I got off my horse, and asked him to stop, but he did not stop, and I put up my gun and he went around in a circle until he got back to the road again. My deputy had a pistol up, and defendant held up his hands. I searched defendant and found a knife on his person, in his belt. He had a coat on. I found no other weapon upon him. We rode back to Nephi in a carriage. Found no pistol or gun about thre. Saw Wm. Cole when I got sight of defendant, but did not see him in company with defendant before I came up to defendant, met Cole on the road. Cross-examined : Started out to arrest defendant, between 4 or 5. Saw defendant in the morning, near the Court House. Saw him the night before at tht theatre in company with a young man whio I think was the deceased. Saw the same parties next morning, and did not see defendant again until I went to arrest him. When I saw him on the roda he was moving from one side to another, and then I called to him to stop, covering him with my gun. Somebody spoke saying, Don't shoot, we can capture him withouth shooting," it was not Cole who spoke, but Charles Hyde. He did not seem as if he meant to get off the horse, so I pulled him off. I can't say that he was drunk , was under the influence of liquor, cant't say that he acted as though he was unconscious of what was going on. I think that Chas. Love drove the buggy -- there must have been four or five in that buggy. He asked me why he was arrested. Put him in the cell a little after 5 o'clock. When I returned to the cell, an hour and a half later, he said he was cold and I took him to the stove. He asked me why he was arrested. I told him for killing his partner. Then said he, "I shall commence lying to you from this time forth." After he got warmed I left him again. Saw him the next morning. He asked me again the same question, and I tolk him for killing his partner. Don't think I told Mr. Pearsoon, father of the defendant, and Judge Hoge, In the presence of Alma Hague, that the defendant was so drunk that I had to lift him from his horse, and when on the ground he could not stand up. I told Mr. Pearson that his son was to some extent under the influence of liquor. Won't be sure bit I don't think that I made the statement that defendant was so drunk that we had to lift him into the buggy. I did not say that during the night he was in the cell. I went there and found defendant was so drunk that he had not sense enough to keep himself from freezing and I had to put the clothes over him. We helped him into the buggy, because the defendant said he was hurt, having been ruptured. Did not say defendant was entirely unconscious of what he had done, will not swear positively that I did not say so. I positivley deny that I told the inmates of the jial next morning after the arrest, that I never saw a man as drunk as defendant ws the day before. Don't recollect defendant saying he would pay his fine and go away. Remember Edward Olsen was one of the inmates, he is now in the penitentiary charged with murder. Never made the statement to any one that nothing but whiskey killed Green. Further cross-examination of this witness was postponed till morning, at 10 o'clock, and court adjourned till that time. The trial was resumed this morning at 10:15. Mr. Highton stated that arrangements had been made to take the deposition of Mr. Foote at Nephi, the witness still being unable to attend the court. He thought it would be necessary also, before the case closed for the jury to visit the premises where the alleged homicide was committed. The prosecution objected to the visit to Nephi by the jury but the court ordered that the visit be made, and set Saturday morning as the time. the cross ecamination of Sheriff Cuzier was resumed. Did not make the statement to Mr. Deal that the prisoner said he was in jail for being drunk and expected to pay a fine and be set free. Mr. Sidwell was recalled by the prosecution. Saw Mr. Cole where I arrested Mr. Pearson, did not see them together till the arrest. Cole ran past me on the road and went up to Pearson, they leaned over together. They were only a few rods from me when they first got together. I threw my pistol in position and told them to throw up his hands. He raised his hands, and asked, "What am I accused of?" I said for killing a man in town. He said, "Is it a plum kill?" I told him it was. I then asked the Sheriff to disarm him, and he pulled him off the horse. we searched him and found a knife, no gun. Cazier and Hyde took hold of his arm and led him to the buggy. He first stood up in the buggy and we told him to get in the front seat. He did not want to go and I pushed him over, he kicked me in teh stomach when I was putting him over, and he said "God, where are my friends>" When we led him into the jail, he staggered, he was under the influence of liquor. At 10 that night, he asked to come out and get warm. When he came out he asked what he was charged with. We told him, and he replied, "What! my best frient, Forrest Green? then form this time on I will be to you." We put him back in the cell then. Cross-examin I told him to put his hands up . . . kill him. I would have to kill him if he had not held his hands up. He had been leaning toward Cole, on the left side. Heard some one say, "Don't shoot, he's a gentleman," but it was some one down the road. Defendant refused to get off the horse after being told to do so, and then Cazier with both hands pulled him off, not very roughly. |