Show THE MILLS TRIAL it abruptly ends for I 1 a time OWE ONE OF THE JURORS SICK prosecution ended ats wes tesie 11 magny story of the hilling illing li told on the stand enquirer correspondence ju JUNCTION N piute diute co utah sept 14 the interesting homicide case in which harry mills figures as the slayer of john derjue on the ath of july last was progressing finely and promised to be brought quickly to a close lehen it was suddenly arrested by the serious serious illness this morning of juror jas E peterson the court attorneys jurors witnesses and reporters ar now enduring a passive and tedious idleness awaiting the convalescence of the S sick ick man whose malady seems to be of the lungs the prosecution rested its case yesterday forenoon after showing up the manner in which the affair occurred on the fifth of july shortly after noon harry mills entered the stewart saloon and offered ten dollars for information i regard to who had shot his dog ab peterson took up the gauntlet and warm words ensued mr derjue left the billiard table and interposed himself into the quarrel by telling peterson to smash him heated words and epithets resulted between derjue and and mills during which derjue caught mills by the throat or collar and pushed him against the wall meanwhile mills protested that he was not a large enough man to fight eith either of nf his adversaries but could mako himself their equal after getting out of the scuffle with derjue mills went out of the saloon was gone a few minutes and returned it was supposed but no evidence deduced to prove that in this interval he went for his gun some of the witnesses said he walked out and came in in hurriedly others that his movements were but ordinary after he reentered entered re the saloon derjue re opened the contention and approaching and kicking viciously at mills the sheriff between them and struggling first with both men then with mills alone the latter fired almost with the kick at the first shot which missed the sheriff caught mills by the right wrist and struggled with him while derjue was reaching over the shoulders and around the arms of the sheriff trying to strike mills and to get possession of the gun mills in an agony of strength wrenched his arm downward and turning the pistol backward with the sheriffs strong hand still upon his wrist shot blindly and at random this was the fatal shot it pierced derjue just below the lower right rib and lodged close to the spine in the left side derjue walked out through the back door and fell among some barrels and bottles was carried away and expired in afif fifty ty minutes the cross examination proved that while mills is ia a small man derjue was an ac active tive athletic man weighing about lbs ibs and that the kick which the latter aimed at the former was of a roost most vicious vicious nature that his foot flew from a foot to fourteen inches above the head bead of the intended victim and that if his aim had not missed atwould it would have been fatal the testimony which has so far been offered for the defense proves that mills has always previous to this affair borne the reputation of an honest peaceable quiet citizen respected as such and regretted at his hia departure from various places where he lived before coming to utah whereas the reputation of per jue has been that of a turbulent quarrelsome rel some aggressive bully the defense will also prove that he had frequently threatened the life of mills and that the latter was waa thoroughly afraid of him as a bad and dangerous man I 1 lin in the meantime the knights of both side aare sitting passively with the lances in rest patiently awaiting 1 the announcement that our sick juror is is able to come to court in the above resume mention was forgotten of the evidence of the defense offered yesterday which proved by eye witnesses that when mills left the saloon baloon and returned he did not mot go to the house or the store but paused on the way and returned for his hat which had knocked off in the encounter and that mills milla had carried the gun in his pocket all day having first used it to celebrate mithat with at his cifes window in the morning it being independence day mr king represents the prosecution a and nd mr powers the defense M M f |