Show 1 THE lim VE i I 1 I 1 prosecution pouring in evidence rapidly CONDUCT gordert at on evening of oilier pe actions of his after the alosa of our tuesdays re port af tho havea murder baar sheriff brown was called to the witness stand tie stated that a map of the pelican point country banning up before the hii y was accurate and indicated tace ilayev ranch and other points on the uia barns of lehi lived at pelican point about a mile from the bayee ranco in i spent saturday hita with aloert hayas andrew jhan and alfred play and in oiher 0 i arved a saddle some harness on B aw mattress mat tresa rolled up against the w J an 1 a c it in the ha ea house also two due barrel muzzle loading and a nil j A by the lay and witness and otie or two of the other boya went to the window on the witness and two of tho boys passed tho house sw no one there on the visited alio house and found door locked no one in the house and cattle and pig running loose door appeared to be nailed from the inside witness fixed dates in his mind because he visited the boya the day before some surveyors had been there which was on the lie counted the days after that had noticed a new wagon at the ayea ranch oa the irth it wag not there on the saw wagon tracks in the enow leading from the hauae north into the road harry gammon ol 01 lake crossed the ice to the hayea ranch ou february coming back with a load of wood on the saw boya looking out of window jacob lived in blades hauae on pelican point half a mile north of Hayea ranch in about the last ot the month went to the haves ranch to take a cow off the shed had gotten on and fallen through went to the houam and found the doir locked noticed a potatoe pit some of the straw ap gearod to have been pulled a pile of straw that had been placed on the beet pir on march ath or ath mrs hayes came to the home of witness and asked him to go with her to her bouse and help open the door found some bar ness under tho bed and some sacks filled with grain in the north end of the room the floor was dirty and near the door thera was that looked like tar or blood dr lombard of eureka testified that hayea ara at lambardi Lam bards office about march bolh and said that they had 19 a letter from pelican point from that the stock were starving and that the boys were gone to arizona hayes said that mrs havea hd h d jone down to the ranch to look after thinea hayes had further ex that the boys bad loaded up with fish which they expected to sell in on their way to arizona and that the boys were armed giving a description of the guns they had with them witness brother hid asked iiames lie did not go to the ranch himself and haves replied that be would never go to the ranch again BB long as be lived because be had bad so much trouble there witness thought defendant referred to the trouble he had had with alado in regard to the of the laca delos lombard brother of the previous witness corroborated the testimony in regard to the letter and also testified that mr hayea had given it as hia own opinion that the boys had loaded up with fish and other provisions and tools and gone to ari the prosecution cution here gaye notice that they had seat for the letter which was testified lo 10 as having been written by air and expected to have it here today and would then introduce it eugene henroid testified to surveying for A 0 slade near bayee ranch on the ag and oi february 1895 the pae culion here offered to introduce the testimony giyen by mr hayea at the coroners inquest over the bodies of johnson and hayes 0 which a stenographic report had been taken mr tn for the defense objected on the ground that the evidence was not competent as there was no liw making the record an official document mr thurmal 1 that the prosecution did not offer it on the ground that it way an official report and authorized by simply that mr ebberts Eo berts tha stenographer who had taken haynia testimony would testify from or the record of the testimony avon by haye of what mr fayeg said mr arose to answer mr thurmand Thur mana argument areu ment and mr tour man withdrew the record and stated he would prove the testimony of ilayev in another way was recalled ed to taking a letter arora mr hayea who was at he rauch to mr bayaa in eureka mr hayes had said that mrs havea thought tha boys were killed but that was lot so they bad gone away he also said that havea wanted him to come to the ranch but he would not go aghas karen of lehi testified that mr hayai had testified at the inquest that he had not been at pelican point from december 1894 till march sheriff brown testified that mr haves had testified that be had been in eureka arom december and during months of january february and up to march 19 1895 delos lombard was recalled and testified to a between hayes and witnesses brother about the or of february 1895 hayes had invited doctor lombard to go down to pelican point and bunt ducks on the of witness saw hayea about 5 in the evening witness said hello hayes when did you get back hayes replied 1 I have just got back I 1 have just turned my forsea loose haless ayea were blood shot and he looked pale and acted peculiar ho took hold of hand and shook i very hard turning witness around shake handa with an old criminal A few days after bayee again met witness and eaid he bad a notion to go down to the ranch and pet one of his horses and take it to the settlement and trade it for grain or flaur on cross examination mr lombard said it was mr bayesa custom to come to his brothers house and ast papers to take to the boys at the ranch doctor lombard testified to being invited to the ranch to shoot ducks on or about the loth of february hayea was in a cart and told another party that he was going below meaning the ranch on the the doctor bad again seen hayes he had an unusual appearance his ayea were blood ahot and he acted in a peculiar and boisterous manner bactor lombard wag again called and testified that in april 1895 either the last of april or may be had a conversation with defendant in witnesses office in regard to the bodies of the murdered boya T H beck and deles lombard were present mr hayes gave bis theory of the murder and deloa lombard gave his which was that albort was killed first and put through the ice and the two other boys killed to cover up the crime and pat through an air hole in the ico attar warda mr hayas replied there was no ice on the lake when I 1 was there in february or rather march deloa lombard had also on that occasion said that the perpetrators would sometime be found and the mystery clean d up hayes then remarked it will near come out never in a thousand years on crues examination be eaid he bad stood up lor ayea in talking over the casta with hia brother i delos lombard and had not thought be was guilty but hia brother had I basl evana jr of lehi testified that in february 1895 le was hauling posts from tha we it aide of utah lake he saw the defendant at his defendants ranch between the and the of the month there was an other party hayea whom witness did not know mr evna cross examined at great length but the of counsel for the defense failed to chake bis testimony he had been making arpa to the for poets carin the time mentioned and knew ih it le had sen habeb on one of the trips but could not specify the date and would not attempt to do BO marion walker bal been with mr ayana on the aripa tripa to tha west side f utah l iff testified 10 by turn aid had aaen on one of the cups on cross examination he said be knew hayes and not be mia taken he had first met hayes in a blacksmith blacko mith shop in lain about three years ago and some one had pointed hamoi out to wilneda wil neBa and ment one i hia name then said oh thata the fellow that jumped gua aladee ranch hayea heard this and replied that is none of yourd d business bu ainess and witness had known him ever eineo that time he bad no en mity toward barea on that account because be had come to the conclusion that it was none of bia business he was quite friendly with gua blade but did not sympathize with blade in the dispute litween him and hayes about the land he had always laughed at blade about that and told him the land was not worth a chew ot tobacco david Hight einan corroborated the last two witnesses as to seeing hayes on his ranch during february at the time they testified to this witness thought he had seen defendant on the of february delca lombard testified to a conversation with mr hayes in regard to the murder after the chaee thought the bodies bed been placed in the wagon at one time and sunken in tho lake witness expressed the opinion that they bad been put in the lake through air holes in the lake at dif ferent times hayea had then said there were no air holes in the lake in february or rather march and had also said the truth of the murder would nver n ver come out as lone aa the world stood or words to that effect aira hannah Pete raon who 13 married ti a cousin of mrs hayes testified that alfred nielsen who wag her husbands nephew left her home in payson to go to haless ranch on the ath of february she and her arrived at hayees ranch on the ath of march there hiie found alfreda Alfred 8 shoes hat coat and boree and also a horse belonging to andrew johnson and two clay pipes were in the stove burned white mr iiames had appeared angry and stated that albert should not have gone off without saving anything about it and if he had done so he could have got some money to go with witness had also said ehe feared alfred was not all riat hia clothing clo lhing was there hayes had then said that he thought alfred and andrew would back all right aleo eaid not aee how people would be so boll headed as not to see that the boys were all right joseph bowley bad seen hayea between american fork and lehi in march 1895 where haves said that alfred had gone to arizona with hia brother who nad been up from arizona and coaxed him to go with him john hanaan a brother of mra hayea testified that when asked if he could identify the body of albert hayea replied yes mr hayes spoke up and slid he could not haves looked t alberts and tried to tear the coler from the body of the shirt mr fowler told him to stop mrs was brought in and identified the clothing defendant was nervous and trembling witness tyrrel and hayea had commenced to look for the other bodies hayes several times tried to divert the other two men from the search also tried to get them to refrain aiom going to jook at a certain cedar poet which they saw in the lake saying that the post had b ea placed in the lake by albert as he was in the habit ot putting pos tsin the lake and them down by rocks they went to the post and loudd some wire on it charles johnson of lehi and lars peterson had joined them and they returned to the house to have luncheon after luncheon mr hayes took a shot gun along baying we may need something to protect ourselves with walked alone and hayes and peterson bath tried to gat the others to come up and walk in the bruah instead of on the shore of the lake and also that they eo in bathing peterson found the body of andrew joanson Job and witness discovered the body of nielson Ni eleon his body had a vest on which was pulled up under his arms cyirel and hanson puked tho body up out of the water tyrrel aard to hayes G d yon why cant you biye ua a hand but hayes did not do any thing peterson Pets was much excited and started tu cry witness and hayea remained with the bodies and tarrel went to notify the officers and peterson remained with mrs haves in the houam this was aa bayesa suggestion hayes talked tc witness about how good bo had been the children geanine albert find his sister replied that ho had not been good to th children in payson and called his at to a circumstance when ha bed left the girl alone without adv provi aiona in the honea mr hayea bad aso stated that bin life had been threat ened by people around and that the intention had been to get bin 0 tead of the boye they remained with the bodies all night and went to the hauae for breakfast Pe tereon braueht in a gun stock it had blood and human hair on and mr hayes eaid to Pt tereon yen are always picking D something charles karren city marshal in lehi in 1895 testified that he and tyrrel bad driven from lehi to the place where the bodies ware found they met hayes near the pi ace where the bodies were found and hayes had objected to them driving so fast and ordered them out tyrrel had refused to beet out this witness also the tee emony of hanson in regard to the failure of hayes to identify the bodies he had also noticed blood on the floor of the hayea cabin on the ranch adjourned till 2 p m |