Show JO Ss lma V fill pit are atie stand SMITH ALONE field graphic description of the last moments of eoral grant A aud WEDNESDAY AFTERNOON OKO D ebana mother of royal testified that neither her hustind hus bind nor her sou bad taken RUU from hoail on the of the OF TUB sometime in september 1892 falleti te westwater Wast water and took up th land in dispute dia no one waa thai in tare m an old bl B l cabin there and he repaired it and move 1 in tho land raa not at surveyed but comai nad to improve it hia wife assisted him by keeping boarders board erB sometime prior to the shooting owning property in the valley sold out to darrow brothern br othera aud they wanted him to sail albo hallatt refused aad than they attempted to run him out they frequently that if he did not get out they would see it cost him bin life lindena came there and to buy hal etta place and was warned by the other ranc bera not to buy often the granta abused hallett baine fil f il eui theta auca hallely stepped out of bis way to avoid meeting koyal grant and royal said you can set around me this time but you cart not always gut around me on another occasion he had threatened to come to aalletta Hal letta and fix de fondant and also abat other grey haired 8 of a b meaning smith on the av of the shooting defendant had been off to work they bad their KUUS with them as it waa a wooded country filled with came mr halleta little boy was with them air hallett when coining home went out a piece into the wood to look for a rabbit when coming he mit the grants and told them in the baine of the law to quit his royl grant came forward and covered him ft riha then defendant smith came and caw abe situation an t fired on grant to ard deot him killing hallett frank grant then drew ois revolver on amith and the latter covered him also with his gun frank threw up bis bands and paid 1 I have had enough then aith laid down the gun and as aisted the grants to put the dead boy in the wagon hallett by with lia gun and made no unkind remark at the hifue D B POSITION the court room was cleared of its lady and a deposition from john G Lobe natem of chicago he had been at westwater We atwater baat tv he bad heard coyal grant on the of that month sa hallett I 1 want you to stop posting up notices in atna yon d old mr hallett said to de come along I 1 will not notice a man like that and mado no haply to grant aba prosecution wanted to strike these threats out but abe court overruled the objection john C kesler also of chicago deposed substantially the bame as the arc c beding deponent both wre at westwater We atwater for recreation and possibly for investment if the country suited them aaron butts alao of chicago de poked that be bad heard the above mentioned the prosecution renewed the motion to strike out the overruled BB testified that be had been st ha identified the map on the blackboard aa being tolerably accurate he had been at the hallett cabin in 1892 and noticed some bacon and cooking Tite nails there hallett was that time at cutting timber apparently improving imp the place the wife of the hallett fied I 1 wa learned to mr hallett fit tee i years aso i we came from kansas city about three years ago to aspen from we moved to westwater We atwater we lived at the ranch and at the station I 1 lived at aba ranch about month I 1 lived alio at the tation where I 1 kept boarders I 1 went forth and back between tho ranch and the station my hubband and aon spent a good deal of tima at the cabin our household goods consisting of a machine bedding etc were at the cabin my husband wax off the land my claimed the ranch I 1 knew roya grant I 1 waa present when there was some trouble over a stove it belon sred to capt DAV mr shea came and wanted the altuve or the money royal grant was with shea royal grant called my husband vile names Is it ne cesary I 1 should repeat them the court it is not necessary grant told my husband to come oat into the road and he would never beet back to me again alive on another occasion I 1 heard royal say he would juill my and smith calling the latter a bid name I 1 was at the cadin shortly after the aho otine I 1 saw the grants going up there and I 1 followed 1 met them coming back did thay eay anything to you at that time 7 objected to by the prosecution and objection my husband was an BUg ineer at a mine at aspin he wa prospecting in utah when I 1 to westwater We atwater I 1 atadea an the station farat the shooting we moved to the ranch before that I 1 use to go down and clean the cabin be fore that time we had a little garden near the cabin thee waa one fence on the ranch a little south of the cabin I 1 do not benow who built the fence I 1 did not near mv husband abase the graatz when they came with shea fur the elove they got neither the stove bor the money this happened on friday before the killing lanners LANnS RS resides at chicago III he WAS at westwater West last fell and remained until january waa there again in february hallet was often at the ranch in the cabin w lonesa bad been bedding and cookin ij ute naila in february hallet remained at the ranch all the time witness waa there he royal grant and had heard him say on tta friday before the to hallet you Y ou are a d B of a and if you will coma out into the road you will never gel back again alive the other grant hatband haT Baid D him we will hang him had put his band on halleta shoulder and requested him not to notice toe mauls oo 00 another occasion he had heard koyal grant and say next tima they met at the ranch grant loulu shoot hallet witness had gona to westwater We atwater for hia health he bad taken a eat interest in the caad because hallet is a friend of his ha bad rendered him all tha aasi alance be IU i tl were no horse i at tha ranch there were stock there but did not know to whom aboy there were no piga or on tha there waa a garden mr hallet did a great deal of clearing of when tha geant boys came with shea after the stove hallet wa angry and waa balkina loudly hallet said borne thine about not allowing the grant boys to enter the housa he called them some name sr witness remembered it wa d cut ata it might have been d 8 of a b ballet afterwards took back the the son of the defendant took the witness aland I 1 am thirteen years old my father and 1 used to atop ft great deal of the time at the ranch we were clearing off brush and birgine up fi capt landera bave me a 22 calibre rice two days lefota the wo had it with OB on the day of the aho otine ithe gun waa exhibited I 1 heard eoy grant threaten ny father on friday before the mv father was bringing borne milk and he met rov grant he oat to roy pass HOT aid 1 I intend to kill you had that other white haired using very bad language smith at abe ranch I 1 bad my run and father had a ena when we went to work mr amith was along with na smith carried my gun and went off into the brush looking for rabbits my father and I 1 went together I 1 carried x pick my father carried rome tools and a gun just BB we rot to the cabin we saw abe grants coming neither of ue ran my father threw up bin hand and ordered the grant to leave hia home blead in peace roy grant stepped to the front of the horses and leveled a iaun at my father then smith came up and fired from the corner of abe house when frank grant edw smith he raised his ROD a pistol on him roy gant G ant after ane shot staggered an 1 fell mr then pointed bia gun at frank granland Gran tand frank drooped bia and threw up hia beoda alter this thay loaded the body into the wagon and left I 1 dad not hear my father dueh alter the deboot aay I 1 did not bear the old man grant tell my father he suffer ji smith cama at a t a prospector my father did sand for him in grand junction I 1 alist saw him at theca biu he stayed at the cabin with ua and fui hia own leali aten ine sunday be waked down to work with my father and me we took our for game my father lately has been taking hia iao with him all the time I 1 did not shoot goina down smith had mv and I 1 could not shoot it at we could not see beyond the cabin because of afancy we first aaa tue lagona ab we were getting byor the fence the fence ia made of five rails I 1 do not know when smith cot over the fence I 1 first aff him at abe corner of the house my father wan about aix feet away from the corner I 1 did not aee smith shoot the first thing I 1 fenew was tho crack of thecla smith abid nothing belore hooting we had not been there long before I 1 heard the shot my father told them to eo away twice before smith ahot roy grant told my father to throw up his hands or be would kill efm where he stood my father did not throw bia hands he did not raise his ana at roy grunt 1 aid not run then I 1 ethod there looking at tham I 1 never told this statement to a living before coming bore frank grant had hi pistol on smith before smith fired bat he did not offer to hoot be direct what did you mean when you caid you lad talked to no body about abia cabb I 1 talked to you about it but to no ene else my father ig lame and cant not run hi knee is injured the old man grant called for davia the shooting he called very loud at air the court until 10 this morning MORNING court resumed at 10 a m U J ABDE BaON for ane defense in the hallet case had known defendant smith a number of years defendant belt grand junction for westwater to camine some mining property there met mr hallett there whose hoaas ia mile and a half from our alacar mine introduced smith to hallett and at ranged tor sanith to stay at hallett till I 1 got bark from grand juno tion haye known of smith a number of year and personally fine dec lat 1893 hia reputation is bood croaa examination have not talked about bis reputation to the people of gand G and junction beard people of smith B a food man had known him at auray aldave heard that big reputation was heard be hilleda kil ledA maa a attar h baiar read it in tho papers redirect re direct counsel showed paper affirming reputation of defendant smith and witness testified to signers being good citizens DEFENDANT took tho witness stand and testified he had resided iu grand junction from the of november till the of february deft for to look after property stayed at halletts I 1 prospected helped mr hallett to I 1 put up a pie pen on sunday morning feb we went down to work at 7 in the mornine that is hallett and hii boy and myself Hallet tt had a win cheater after completing the wore we went back to the house asked for the gun to see if I 1 could abot kill s ra boitt hallett and hia boy went to the house get over the fence beard hallett call halt flaw wagon and men heard hallott call halt two or three times when I 1 got near tho haupa I 1 aaa koy grant waa in a position ss though be was about to chool one man was standing up in the wagon with a six shooter leveled hallett waa holding up hie band to them I 1 leveled my gun and fired the man that waa shot was put in a which wag driven away never had any angry word with them on friday before was told of threats boy grant had mada mr hallett informed IBO of them ho eaid he waa coin to aih tha old erey beaded a ot a b at the timo aba shooting occurred I 1 beard koy grant ay to hallett throw up your hands cross examination mr namo ie joah scarth when at grand junction worked around ayana saloon detailed bi travels for the last 16 rears went to aalletta Hal letta to prospect and araon was with me bad no money when I 1 cam down brought some we rot them in grand came junction for me we paid ballot no rent for stopping at the cabin I 1 did no work for hallet helped haidet on sunday lant it true that hallet ent to grand junction tor yon to kill grant dobir No Bir eaid tha witness with aa eoon as I 1 came up to aba cabin and saw the situation I 1 shot grant did you aoi tell marshal bean that it wae abo prettiest ahot you ever medeia your life ao 20 I 1 did av I 1 did not know aad the bradly ahot for I 1 took no aim ROT irant bad the un draws when I 1 fired he did not fall near the bind abela ho fell near the boragi and the front ballet did not rabaa bia pun during the shooting ballot told grant le had not fired ahot I 1 was just as cool aa I 1 am new 0 H the other defendant waa worn and I 1 am 57 asara old I 1 hate lived in ohio pennsylvania and the west when the war broke out I 1 bort ed for nearly four yeara in the federal before th war 1 feusht indiana after the war I 1 went into rail in kansas I 1 at ft scott kan in 80 I 1 came to aspen and in 92 I 1 came to utah aa a tor I 1 aaa tha ranch near westwater We atwater that same fall I 1 a notice of claim on my ranch I 1 found a dilapidated cabin abera then I 1 axed up the cabin oo 00 the and 2nd of I 1 posted up a homestead botica on the cabin I 1 moved in my household goods afterwards after warde I 1 then went to work clearine and improving the land I 1 continued abig work antl abia year except when prospecting I 1 own eoma mining property there I 1 got acquainted with the after cumin to We first learned that frank grant had claim to my ranch on the of baat january frank came down to chow me a bill of sale for the place I 1 told him not to go down there and m lit my property he aid he donld have the place at time I 1 met ryal grant in a trial he asked when are you going to leave that ranch I 1 told him I 1 was not going to leave then he said we claim that place and you had better leit and then he called me all kinds of bad names that ha could think of 1 I dont know you I 1 said and he replied G d ton you will know me witness also detailed uia u br othera and bhea came after aha tove they are substantially the game as testified toby to by the other I 1 bad no pistol with me when the boys amo after the stove I 1 fira acquainted with smith baat february he came to the cabin I 1 had not sent for him to come and kill grant I 1 let him atop at the cabin through courtesy it wa very bad weather he helped me once or twice at work ha furnished his own food bid YOU ever at any tiie threaten the I 1 beyar did I 1 auyer made any threat a the pre aenice of mercer I 1 took my gun with me on saturday protection I 1 had it with me on sunday fearing the granta who had made threats against me under what conditions did you intend to aaa your sun by tha prosecution overruled under the condition of being assaulted answered the witness coming home from work on sunday smith little boy for his RUU sabina ha would KO and aee if he could not scare up a rabbit coming near the bars I 1 saw the grante coir ins I 1 did abot run then I 1 cannot run as I 1 have a crippled knee when I 1 baw the grants I 1 caid halt and leave my in peace I 1 hollowed to ahm thu four times they did not go bak ba k but bobai grant came forward aba threw his winchester on me throw ap your hands you G d a of b or I 1 will shoot you where you bland just at that instant I 1 heard a shot at my left and I 1 caw boy grant fall looking around I 1 saw smith at the corner of the house with the boys pun in hia hands fracci grant covered smith then with ahli revolver and smith threw in another cartridge and pointed his gun at frank grant frank then threw up b la banda and said 1 I have the old man grant bald you have killed my yon and I 1 re plied I 1 fired a shot I 1 did nott hiow back my head and in always reliable pure and harmless is simmond liver regulator |