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Show GRILL IMS III IB CIS i I j Details of Killing on Harris ! Ranch Again Rehearsed at Hearing. Joseph W. Sabey, Injured in Shooting Fray, Takes the Stand. (BY STAFF CORRESPONDENT.) ' 'NEPHI, ytah, July 12. Most of the, important witnesses for the state concluded con-cluded their testimony today in the pre-, liminary hearing- before Justice of the ; Peace J. L. Cooper here, of Alice J. Har- j ris, her two sons, Eugene and Leland, ' and Edward L. Tackman, charged jointly ' with the murder, July 22, of Jesse H. Cone, a neighboring rancher, of Trout Creek. t Again the witnesses went into the de-J de-J tails of the shooting which cost Cone j his life and resulted in the serious : wounding of Deputy Sheriff Joseph W. ; Sabey. Again, in the cross-examination, counsel for the defense, represented by E. O. Leatherwood of Salt Lake, sought to bring out the peaceful character of the Harris family and the bellicose attitude at-titude of Cone. The affairs leading up to the shooting were emphasized more during the tes-: tes-: timony, especially by S. F. Falkenburg, who repeated the Harris side of the case, which he had heard from their own lips a few hours after the shooting. Mrs. Harris and the boys, this witness said, told how Cone's cattle had frequently fre-quently come upon their farm and how tiiey had been having trouble with Cone about this matter ever since they went on the place. jSays Boy Confesses Killing. Eugene Harris, so Falkenburg stated ' on the witness stand, told him of hav-i hav-i ing fired he shot which killed Cone. It was Falkenburg, one time policeman on I the Seattle, Wash., force, who first put I Eugene Harris into custody and who later I on the day of the shooting took charge of the posse of citizens that held tho i Harris family the twenty-four hours before be-fore tho sheriff arrived. He told of the absence of hostility shown him by the Harris family and stated that at their request he. has now at his home a number of valuables and trinkets, including war mementoes brought home from France by Leland Harris. It was upon Falkenburg that the de-1 fense directed its principal attack of the day. Mr. Leatherwood in his cross-examination at a number of times had the witness somewhat at a loss for answers an-swers to certain questions. Falkenburg insisted upon the questions being put in a more definite manner and there ensued en-sued a number of arguments between O. A. Murdock, district attorney, on behalf be-half of the state, and Mr. Leatherwood for the defense. Both made wordy speeches, the one about the rights of the defendant, the other about the rights of j the witness. Even Break on Oratory. Justice Cooper apparently thought the ; oratory about an even break, but Fal- ! kenburg answered the question which re- j lated to his conversation with a woman reporter the day after the shooting. i Falkenburg was recalled after he had first concluded his evidence and was asked by Mr. Leatherwood whether he had ever used an assumed name. He answered an-swered in the negative and left the witness wit-ness stand almost laughing. In the main, today's hearing lacked the tensity of the first session of yesterday, and the witnesses, with the exception of Falkenburg, had an easier time of it. The defendants, too, appeared in better humor, though they had objected during the day about the conditions in the jail. Alburn Nelson, the 11-year-old boy who lived on the Cone ranch and who was present at the shooting, brought forth practically the only general lauch of the day when, in reply to a question in the cross-examination, he said, "I've seen all I want of guns," in a most positive manner. man-ner. The boy was nervous, principally with ftage fright, at having to face such a large audience. He answered questions ques-tions directly and quickly in a subdued, high-pitched voice. j Corroborates Testimony. He corroborated the testimony of his brother. Marvin, who was on the stand yesterday, concerning the talk between ! Mrs. Harris arid Cone, when the former said. "Fhoot him'. Shoot him! The dirty I pit!" as Cone had : hoved her from the j side of his horse before the fatal shot rang out. Counsel had some dispute concerning ! i'r.e repetition of questions, during which I the witness grinned wideiy and nervn-is;y from one to the other. In f;tct, Alburn grinned most of the time he was test ;:y- (Continued on Page 2, Column 2.) Counsel Clash in Murder . Hearing of Harris Family 5 dt vi2 g j$ Wounded Deputy Sheriff Is Called as Witness for State 0' ' TFICIAL photograph of Harris cabin at Lazy Day ranch, Trout creek, now being used by the state at the preliminary hearing of the Harris family and Edward L. Tackman for alleged killing of Jesse H. Cone. The white inserts of figures were placed by The Tribune artist to illustrate how Cone was 1 1 killed and Deputy Sheriff Sabey wounded, according to testimony cow being given. At the left is seen the man who first fired from behind a roc ii pile, the dotted lines showing how he advanced after Cone fell, from which position the man with the gun is alleged to have fired the second time. At !' the opposite comer of the cabin is shown another man, who is alleged to have first fired at Cone and then turned his gun on Sabey, shown as falling. !j Cone is represented ty the. figure prone in the foreground. Th3 diagram below is the surveyor's plat, showing the angle3 and relative distances from ;j whici the shots were fired, and where Cone and Sabey fell. No. 1, the state will contend, is approximately the position taken by Leland Harris. No. 2, j; Eugene Harris standing behind the rock pile, and No. 3, the point to which, witnesses say, he advanced after Cone fell. No. 4 is Cone. No. 5 is Sabey. Photo and survey by J. II. Felt, civil engineer. ; i . . j - . : . ' '' i,:-:.;t-:-'.', .:.. :-, " .:.'-,.-r., :;. "'. . ..$ ?. ',''$. ';.?. . - , ;?, &s,a.:4 k-,-.-. " ' ' " ' i ' I rsi I I K Testimony Given That Eugene Eu-gene Harris Confessed Killing cf Cone. (Continued From Pa?e One.) Ing, save for the occasional puckered brow when he wa3 cogitating the meaning mean-ing of some question. Joseph Vv". Sabey, the deputy sheriff who j was shot through the back a moment ; after Cone was killed, appeared on the ; stand somewhat tir-d by waiting, but in j fair genera! condition. His testimony ! dealt principally with the treatment ac-j ac-j corded hirn by the defendant after tne j shooting1. He .stated that, on the whole, i they gave him very decent attention, i Tack man, he said, carried him to the house and there dressed his wounds. Mr. Leatherwood made some effort to shake 'Sa bey's testimony that Mrs. Harris had fit ruck him in the face with her hat as he lay on the porch. Tne attorney suggested that perhaps Mrs. Harri3 had been fa nnins him, but this idea v.-rs too much for Sabey, and he stood his ground. Sabey Put on Grill. j The defense likewise questioned Saby at some ler gth concernir g the events leading up to the fatal climax, and his i supposed friendship for Cone. Sabey ad-J ad-J mltted having gone to the Harris rani-h on a previous occasion to' get some cattle I of a Mr. Simeton whih had ptrayed on j to the Harris place, lie eaid he did not 1 know who fired either the bullet which after the findings cf the Salt Lake office in favor of Mider. Courtroom Crowded. While the courtroom wa3 again crowded crowd-ed today, ail the persons interested in the case did not get Inside the building. The lit lie open sr a.;e in front ci the courthouse was thronged all day long with men anxious to h'.ar the latent dc-velopmentH. dc-velopmentH. They fat or atood about in groups, old and young, haio and f-rii-pled, listening or talking, while every phase of the .subject they d;:-cus.'d, often of-ten with speech flouded a bit by fine or plug cut, but none th leys -h'ir.ent. Most cf there outride fpefiatora wr re in their snft shirts and farming ckithen. Almost without exception tliey w-re tanned. JBut the m' n were not the oniy curious ones. ieriiais there v- a.i to much tobacco moiaturo in the air for thern Just before the rourth'tuhe, but upstairs up-stairs where the hearing wits going on were nearly fifty wom-n, among them quite a number of gir.s not yet out of their teens, wbo fwllo-Aft jvery word and move with cio.-.-f,t attentii;i. Iltirj ijr K j 1 J L V. fijr.'Jl Klil-U '..Oll'J. Kabey's testimony was taken with few-r objections being raised by counsel than any other w i t n e a s. The matter of recompensing Deputy Sheriff Sabey for the expenses he incurred in-curred as a result of his wound received , I at the time Cone was killed was pre- i I sented today to the county commit Jion 1 of Juab county. Altogether, including j hospital, nurses, doctors and her fees, j Sabey will have spent $700 in connection 1 wPh the affair. I W. F. Kearney, a member of the poure with Faikenburg, te:-1 Ified to the number num-ber of shot holes in Cone s body, saying 1 that there were a dozen perforations in , his ohest and face and VA in his baok. When he made this ftateirient the m;my 1 won. e n in the a u d ! e n ce gr- c d a 1 on d. 1 Kearney ouoted Eug'-ne Jfarns as stating that the s'oootiog b'-Kan when Cone twisted twist-ed Ids moth'-r'H no:-.e, arid ehe fell bnck screaming. Kearney is a rancher who had known Cone for fifteen yearn, both in Nevada arid Utah. ! Trout Creek Wilderness. H - r: r y Mi)r of this city, w h o h a s : liv.-d for many y-.ir on the ran'h prop-j prop-j erty v. hif?h Mr?'. li'irriw rdahr.s, p'ated to-I to-I d:iy that he had fir-t goni to the prop- er iv in , at v.h loh ' iir.e 1 he vb ', r.It y j of Trout Creek wa.-; iiraciif aily a v. jpier-' jpier-' n"-.. There, he fald. he con'-'truft'd the nbeds, tfi- ho-'so. 'lie corrals and the, f'-n'-H whJfh art; now on the property. I Wh'T) the hand v;-.h surveyed and j oprrwj to publi': entry. Mr. Mllb-r stat.-d, i he at onoe fjj'd an apijll':aCon for hoin-rtead hoin-rtead entry. .Mr. Harris filing rb; dnv lat-r, ii-r,rding u, ,ir. .Mhb-r. 'I he Halt l.'.iV.h Jar.d off.ee f-cued papers to Mr. Milb-r gr an Mntc Jj hi nt ry, and MlJbT fhort ly af ter v.U) rd v..nt to Inn rari';h to o:;.irn It. Jfe fat.rj y.-.t.-rday that Mm. jj;irris prevented hi' takir.g por f ;, ion t tie iand. Mr. Ml!ier bd lived on the property or alwut eiht "'-n ye-tr wh i!e it v:ii pt ill p-iblb; uiiHiirvi-'xl do-n.;-.i;i. Ve!-terd;iy he iaf d tbaf he . ft the pine. i;i hnd nverj K to Albert i'.isnop In l'17. A'-C',rdmg to Mr. Miller, Mil-ler, be Je.i-Tf the r;Ti'h to Jeriso ii. Con), the fian who va' murder d ft V-'IK Vhlle -fjU': held t h O ITIW( t Jl ft t Mrs. Harris firat reft i-d on the place. Mrs. J i ar nn. r,a id Milbr, h:-.s torn down -! :i !he p,a';c fmd burfiefj olb'T Umu; of value p.'t th'-rd by blrof If. He aid that at the time of (he FhooCne ho bad pianned whortiy to m;-. k n visit to trie ra !! , ar.d a He opt n ra in to have Mn-, I f a 1 1 iK Ki '' t i ;n po'c-Hion. Tin- of (;': r -p'-' Mv.- born Mr ad filing-. In now l.'oif. 11m; cononi'.-joi,T .f JandH In VYa vhifiKtori f rjr ib'f-iMjori, It liavitig b'-i'ii 'anid i.ppea by Mr?,. Jfarnw |