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Show DIAMOND'S VERSION. His Trial for the Alleged Yiltol Harder o( E.t.rd Sc.tL l.VIIICXtl. 0 HUTU SIIICS. The .Ucuird on lli SUnli lie Tell lilt Nlorr of Ibe t'nforlumle ArTilr, I'pwanla of two and a half hours were comumej yia'.erday In the m f-inellngof a Jury to try WIIIIaiu N. Diamond, who ilanila chargeil with the wilful murderer IMwanlHcolt, In tlili city, In DrcemWr of l"t year. It WsalSn'clock win lithe Iwelre Jury men had been aworit, and aftrr the reading of the Indictment by C'jirk McMillan. Ihu f'oiiit ailliHlrnoJ uetll, 5 p. m. The Jury la compoied of Hie following gentlemen! Dante) McDonald, J. a Murphy, H.H. Dickinson, J.A.Helw, Hamuel I'erry, Uldeon Hn'dcr, 1'renk Jennlugp, J, J. Daly, Ii. T. luuni-gatleu, luuni-gatleu, r.d.Atidrnon, Fred Crowtou, Hcott Crlamon. When the Court reaarnMcd In the aril moon, United Hlalea Aialilant Dlt Itlct Attorney Crltchlow alarlcil In with the oitilug alatemont for the ItoHcutlon. Ileasld that Scott and Diamond were both rarsutcra, and were, prior to Deeember 12, Intimate frleuda. Mr. Hrolt waa the fore, man at thejuh where they were both cmplo)ed, and In aceordauco with onlera glrcn him by the contractor, Mr. Helta, Hcott laid Diamond oil- on Ihe night of Dni'mber 11, Tlio next morning the defendant went aluwn to tlio place to get his looN and a ipiarnl Ivtweeu Diamond atid the devested euaued. 1'eaie waa restored after some blows had been exchauget), and Diamond then went lino the barn la ck hla tools. Hcott waa In the place st work, and while they were there alone the iuarre! waa renewed by the difnidant, and ho struck Hiiitt In I lie forehead with the blade of the chUI, Inlllcllug n wound from which the miu dltd In an hour. The blow waa struck without provocation, and II waa the Intention of the Uefiudaut to kill the ileceaed. Judge Towers reserreit the right to make hla oi.-nlng alatement at the rouclualou of Ihe testimony for the pro secutlon. Dr. WlnorWorthlngtoii nu called and tcatllled 1 am a ractlalng physl clan. 1 waa railed In attend rlcoll anon atterhu was wounded. When 1 got to Ilr, IhidtU'onlce hu wai sinking, sink-ing, and died In halfnn houi. lie wasaullerlng from a wound about au Incliamlaiiiiaturwlde over the left ye. Thethiiel went In about three lnchei, ranging upward and to Ihe right. The Immediate (aue of death waa hemorrhage. The witness Illustrated the course of the wound with a human skull. Dr. llndrls lMward Holt war brought to my olllce on thu morning of December l"tli last. 1 e. as suirenng from a wound nrer Iheeye, and hla vitality waa very low. I aimlnMered stlmuUnta hypodcrmlrally. He died In twenty-file mluules. At Ilia oat mortem examination we found that n cultlug luitmmrnt had eutered the luad Juit above the left ei e, and extended ex-tended Inwards and to the right. The wound Inrlliied downward. (leurge U Iletls said-'I am a con tractor, and la December la-t both Diamond and Hcott were working for me at a Job on l.lghth Weal Htreet, the former aa Journeyman and the latter a foreman of the Job. On December lllh. 1 told Hcolt to lay Diamond otr. At about D.IMIhe next morning Din nioiid tame down tu the jdai u, and speaking to Hcott, mi hi: "There Is no more work for me here, 1 supjoso?" Hcott rellcd: "Not for a couple of days." The defendant then called Hcolt a a . of a b , a bo-lnrd, and accused him of worklmrhlmout of hli lob. Tiisn Iim struck at Hcott aud they clinched and went out doors and Hcott threw Diamond Dia-mond down, Mr. Other and myself seiaraled them, and then went Into Ihe ahop, when Diamond ai'.u com. meiiced to abllao Houtt. I Mid lllul If he didn't ijult It I would semi for an ollher, and then he quit led down and went to hla cheit to ack hla toola.whlle Hcott rt aa dresalng a liosnl at (he bench. We went out aud h,n them, and In a few minutes 1 hhnl Hoott cry out "Hold, hold," and then heard a tlew. 1 then rushed luick Into the ihuiiuiid saw Hcntt auindlug at the bench In the net of turning around. There wm a wound In hla forehead and Diamond waa atamting by hla side wllh a bloody chisel InJili hand, audHcott said, "My (lod, he' has killed me." Diamond helied me to carry Hcott out to the wagon and said, "My dud, If It waa only me." To Judge Powers I did not tell Dr. J.uutle una morning that Hcott had been drinking. 1 Im.o not tuld any me that I w aa going to do all I vuuld toonlivlil Dlamoiid. William II. Oliver I am a carpenter and waa working for Mr. Delta under Mr. Hcolt ou Uiotmber III bit. Diamond Dia-mond came down to the place at about 0 o'clock aud went luto the thop, when heauiiaej Hcott for la; Inghlnioir. The defendant II nallyttruckatthedeuaM.il and they clinched and went down to thegrounJ. Diamond atruck Hcolt In Ihe fine twice and wescpirated them. Diamond theii paid tu Hcott: "Von 1 Ig a of a Ii-, yi ii would like to do me, but you can't." Hoott replied, "yw jou'reapcaili." 1 then went outside to work aud hiard n scuDlliig and tin u a voice II. o rjcoll'a sy "Oh!" I at once rualied In and saw Hcott leaning again! the bench, with his face tu me. Diamond waa standing sit or eight reit frum the bench wlthachlHlIu hla hand. The other uieii weut oil for a iloctnr, and 1 aiki d Diamond why he lid what he had. He n piled, "Idld It, Hilly; take the chisel and kill me." Hcott uu after nrdicollaed and fell hithelljor. Aficr 1 went In Diamond walked oiruiti nor two. To JuJge rowert I wa very frUndly Willi Hcott. Do not know that he had been drluklng that morn- ng, but told Dr. :uJrl. that he mlKht ha.elieeu drinking. I havenoluter istlllthli cue except lo see Juillie done. I have talkni a good deal to my frloiida about the case. My rcaaou or thinking that Hcott had I sen Urln k .tig was that when bringing him up own Ida breath timlli-l strongly of Ihiuor. llollimou ueil irctiy nj,,), language towards lathotlur. V. W, llurtoii atated-l am a carnter aud waa working fur Mr. Iltttaon j:ijhth Wtat Hlrret oil Dec emlwr l.tli Ia-i. Diamond pnme down Iherualioiitnlne o'clock an I anused Hcott of laying him ollarter he had got thejoh for Hcott The litter calleil lilni a liar. I hey thru got Into a ecunle aud were irled by llttts and .(Hirer. Afuripiletwaa rtoml Ulh meu went Into the ahop Mid I heard Dlirnond talking In a loud lone of voice, but couldn't undenttnd what Ihey said, but I dll hear Hcntl say "Vou lie." Then 1 heard a aiullllng and on going tu Iho door I rnw rVolt Xandlng agaliint (he bench. There iwaa a wound In hl forehead aud ho taldi "My fiod, ho hai klllel ma." Dlimnmlwaa alamllng alKnit slxfett nwny, iiearhlAhMlcluid, witliathlirl In hla ban J. Tu Judge 1'owir- I hive no par. Ilcular fiillnr ajalnat DlnTiinnd. t illdnotlelll'lareiire Wninngloii that he uutht lo lie burned at the stake. Ileojamln Msaon I wai working oiithenroejob with Hcolt an I Diamond, Dia-mond, but was some dhtance Iroiu the place when the trouble (ccurreil, Mr. IktltaaXeil me to get some water aud I illil bmi. nnil an fiitfftni the alien 1 tv Hcolt leaning agalurt the bench. Ho war bleeding from n wound In the brail. Arter he had been taken away I aked DUtnood how It hapened. Herald "1 have killed Hcott, 1 guess. 1 wasatthiialonegrliilliigmy ililxl. whiuhecallelme a sofafi , and 1 throw the ehlael at him," This waa the first time that tills ex p!iu.tlon of the tragedy had lieu glvei, and Judge 1'owira waa erl ilcnUy taken somewhat by surprise by It. The proMvullull closed Willi thla witness, aud Judge Powers proceeded In make hla ota-nlog alalomcut. He said the uefen-e would make no contention con-tention but that Diamond killed Hcolt wllh hla chisel. Hut tli testimony rr the defense would Hit the matter Innn enthtly dinVrent light from that In which Ihe crldcnco for the prosecution had placed It. Diamond was a yuutig man who came here from Uhlj. It would be shown, by the ino.t mignlll rent iMthuony, that pllor tu this alftlr hla character waa gooj. He and Hiaolt were warm frienda and their lileud-thli lileud-thli listed freiu the lime they first mat In Cclorado. When Bo) It told him that he waa told our for a few dara It didn't ain-ct him, and when he weut down there that morning he had no Idea that any (rouble woull enue. Howerer, tooth men got ungryaud uaeil hardlaiiguagu towanli-achutliir. Then they eogsgeil III a -CJlllf, an I ni Hcott waa a much larger and muro powerful man than DiamjnJ, thelat-ler'a thelat-ler'a eirorla were Ultnlul lo kreilui; out of range of Hcotl'a blow a. W hen they were Dually p'irlij, Diamond war exhausted an I rraly tilsl llii matter drop. The trouble w aa apr entlyallavir when Uitli went balk Into the shop. Diamond wi nt over In Ida chest and waa sorting over hU tools, while Hcott Was evidently waiting wait-ing until tlie othtr men were away. Then he turned tu Diamond and. referring re-ferring lo what ha I been said before, called him a (1 d liar. The defendant de-fendant told him to let It drop, but not to call him lhat again, adding Hilt, he waa already ao weal, that he could hardly alaud up. Hcolt replied that he would drop hlmyet,and selling a ham mtr he ruahed for Diamond. Aa he approached, with Iho hammer upllfttd. Diamond thrust out the chlnel, Hcott atld "Ob!" and rolled back lo the lnch. Diamond felt that he hail killed his friend and exprea,cd the greatest sorrow. He struck the fatal blow to save hla owullfe, but the next moment he would have given worIJa It It hai !iothapponod;yet he did ItlacnUHi he felt compelled to do II In aelMefenae. audontula state of facta an acquittal waa confidently expecteil at the hands of the Jury. Judge Mcdchau then prooretleil to rea I iieiwaltloiia. the first being that of I'lilllip Allen, clerk of i-ommou ihaa of I'erry County, Ohio, who teitlllrd I realdeat New Lexington, Ohio, and an well acquainted with William Diamond, We wire Intimate frleuda before ho Went west. Hla reAllatlou for peace and qultt ufuro ho left Lexington Lex-ington waa excellent. 1 know from a thiiuaand tu nfletn huudreil ojple who know Diamond nud 1 never heard nnj one apeak against hla lipulalloil foruaceaudqulel. T.iomoa J. hnilth.of New Lexlng ton, said I Imve resided at New Lex Ingloii since 18J0, aud have held ofllt e Ihere. 1 have known William Diamond Dia-mond well for twenty J cars. Hla rejaitatliiti for jieace and ipilet prior tu leaving there waa good. He left New l.exlnil.11 three or four yeara ago. I Ihlnklknow 10uJ people who knaw Diauiond, Jra-ipli V, Word I reside at New !exlnclon and am In Ui-fueas there; I have kuowu Diamond liitlmately aluce he wa a tittle boy. Ills retaliation for pi aro und qultt there waa excellent. rtev. Father Heary I am n Itonian Catholic priest und rimlde nt New I.ix Ingtoii and nut the rector nl Ht, Itoso's Church. 1 knew Diamond well for Iwoirnra before he lift them Ilia reputation for peticu and quIit wua alwajagood. 1 uerer lieanl an) thing agalnat hla charatter unlll he had thla trouble cut west. The majority of all Iho oplo I know In Terry County are acuuuliiteit with hlnl. John A. McOonagal I reside at New l.exlngtou and am a cariienter. 1 know William Diamond. Hla recitation recita-tion for ace and quiet there was good. Andrew J, Ward, a merchaut uf New Lexington, had know Diamond for twenty years, aud tils reputation for M-ace and quiet was good, J. II. Mluaugh had known the tie fondant at New Islington, aud his reiiutatlon for peace and quiet waa excellent. ex-cellent. Joseph (1, Huflman, Judge of the court of common pleas and formerly prosecuting attorney and Htale senator, testllled that he had known Diamond for many jiars. lie waaainottrt enqlary man nud hla n filiation for ieace nud qultt Waa entllent. He wataqulet, law-aUJIng joung nun, couwpieutly that till uu nf hla character charac-ter waa norer quesuoned UeorgoHlmmoui, nf Demur, a Jus-til Jus-til u ul the peace at Denver, knew Diamond Dia-mond at Dcnvir In 183). Hla reputation reputa-tion there for piaco and quiet waa excellent. Andrew 1!, Johnain, of Houm, Col., had known Diamond nt Uihim anil hla reputation for imace and iiulttwul good, Wm. Thelm, of Lafayitte, lloulder County, Col., testllled to the tame ill', ct. riils closed the rcadlngof deposition aud the Jury retired, wltii permission to attend Ihe theatre. Mr. Vnrlau then state I he Iml Just learned of niMiiver-atlnn hal by Mr. Maajii with the defendant n few days before hla dlachargu by Hcott, which htda bearing uiion tlio question of malice. Although (he roMiullou had d'Sil, hu uiked permltsloii to (Hit this testlmiuy In. Jiilge I'dw-en opiwih.J (hla ilronu-ously. ilronu-ously. The w llnnaa Mason had U en ou Iho aland three limes uud novur iHl Idlsclutrd nil) thing nblllt his convenn-lion. convenn-lion. I( was too Jile lo Introduce this listlniony, nud btsldir, ll was Ininii- Judge Ztne ilecldol tu admit iho testimony and Ilia defense look an ex ceUlon. , Judge Powers asked fur au order for Ihe Jury tu rhlt the premises on lllglilii West Htreet. Ju go Zanede. rllm-il tu in ike such an order, "ijlng that he conslilenil It a bad prm lli-e. Court (lieu adjourned until rutsday inornliig. Tins ha 'it i nocrriiiNiK. In consequence of the adjourneil aewloii of the Territorial Hupteme Court opening loniorniw, Ihe Third Dlslrkt Court assembled earlier than usual this morning. It waa twenty-five twenty-five mlunUiA jasi nine when Judge Zauotook hla seal; the Jury who had a vJtheulghtni an hotel inrhaige ortheCuurtbillliI--llleilliilmmellaie ly nrterwards; ikxi Ihe ilel-ndant Diamond Van bmiight In by Dr;iuly lnlled Hlates Marslad llynou, und took hli seat Just lnhlnil hla eouusei, Judjn Powers and Mr, MacOalui, nt lh atlnrnri' Utile. The Hccused aeenictt to be a trills nerroua nt tloirs, and hla face wore bn anxious look. He Is apiHireuily a man of Inicllljcemi, aud pall clow amotion to the pro ceedluga. Dlamon I la a rather good, looking -oungniau, and Iheiela mth. Iiiglnmaapiearancotuleal a person ilsupjiosH him capable of t-omniilllng such a crime aa that for which he Is iio-s-on trial for his life. 1 ho laklng of evidence w as resumed, llenjimlii Maoii waa recalled by the prnsecullin aul briefly dctallil Hie conversation which hulia I with Dia mond shortly before tho tragedy. In lliuruursonf which Dlamon 1 aal I that Hcott woul I lw sorry If ho laid him nir Iilsjoh. HoexiiecU.il, hostateil, lo be discharged that aamu evening, aud that Hcott alnce ho had become foreman fore-man had "got the Jilghead." In ( rules-examination by Judge Powers, Pow-ers, the wllncM denied having told a young woman named Puaklusky,onthe night of the killing, that illinuii I was Ascnib, that he wsano goml, and that (hose with whom he worked had been trying to get rl 1 of hlnl for mouths; that he did not know his laislni-v, not even how to hang n door. Witness admitted that he might havecxpressed, at times, considerable feeling against Diamond. Huhndiievir betn arrest- IeJ. Judge Powers Dlln't you admit to Diamond on one occasion. In Ihu course of a walk and convrrAllou, (hat )oii had been arrested for horse stealingY Wltucss I don't recollect doing so, but I am willing to admit that 1 waa once atrcttul on a charge of horse steal ing. Jtidgu Powers Then why dll you lell mo a few moments ago lhatuu had never be-ii antsicd? Witness Idld not slate It to cover up anything. Judge Pew era Why did you tell mo what you did? Witness I probably had not thought of that malts r. lly request of Mr. Varlan, Iho witness wit-ness explained the atr.lr rtferred lo. He said that during the time he resided re-sided In Idaho, a eounle of horaea 1- louglug lo him wire taken nwny, lie found out where they were mil went nnd took tin m without due procesa o( law- On thiahownr urresteil, butdl diarged. The court records would plainly ahow this, Mary Pueklusky next took the stand and tail she waa acquainted with the hal witness nnd Diamond. On (ho afWrnoon of the day on which Hcolt was killed Ihe wIiium Mason, at hla house, In her hearing, made uso of the language In refcreuco to Diamond being a scrub, tc. Hhokuew that defendant de-fendant had the geneial reputation of bvlug a quiet aud ixaceabtu man. Prior to the killing of Hcott she hal never known anything against Dln-moud'A Dln-moud'A character. Mr. Varlan Are you engaged to be married tu Diamond; Judgu Powers 1 object to that. It Is n question which the young lady may Jecllno to ansa er. Judge .me The witness may auswrr thu question. Wllnen I was not at that time, nor am 1 now, Mr. Varlan Were vou at any lime? WIlniM Well, 1 expected tu tie if thla trouble had not come. We had kcit company. M. II, Desmond aald he had known the defendant about eighteen montha, having worked with him In Dcnvir, Colorado. Among hlj acquaintances theru )u enjoved u good reputation. Hal never heard anything against him up tu the trouble with ncutt. J. W, Ulveus had known the accused nliout u 3 car and a half, mid also worked with him In Ik-mir. Nuvir heard anything ngaluat hla cliarjcter. Had hiard people say hu waa a nice, quiet sort of man. J. T. Jenkins, reporter, said ho met Diamond IK the city Jail, nbout noon, on the day of thu tragedy- He went to Interview hlnl In rignrd then to. Mr. Varlan otjected to the Introduction Introduc-tion ofthlaevidenco. Judge Poweia replied that Mr. Jin- ktnawaalhe first person who saw Iho accused nrtir Hcott died, and ho wanted to show that hen Diamond heird theuewa of hla death hu waa greatly shocked, marly fainted, aud exhlbite 1 the utmost ouutrltlon. Judge Zsne sustained Mr. Vnrlau'a objeillou and Ihe witness left the stand. Ueorgo Ileum tt said the defendant hoarded with him forelghtei n months, nnd iwko of hla own knowledge of his quit t and jieacenblo liearlng, lrfon Van BleckloaadHarah Worth-Ingtoii Worth-Ingtoii also spoko as to charaiter. John Diamond, of Limn. Ohio. limthi r of the defendant, wii called, but was simply questioned aa to the age of the nnuied, which hoga-uns The defendant waa thou plaml on thu atanJ. lie said he was bum In Jackson County, Ohio, and was un married, After being liiterrngatid by Judgu Powtra aa to the several places In which hu lind leaidud nud the i-rtha for whom helial worke las u cariienter, ho said that uiun leaving Denver he uauiu to Hall Lake. This was In August of last yenr. He became acquainted with Hcott nbout three years ago, nt llauait. Col. He waa then working for thu aamu firm aa defendant. defend-ant. They were nlwaya uu friendly terms In Cotora lo, and never had any tmuhle with him liefore coming to thla dtp. Scott came here belore him. He met Hcott the day after hla arrival In Hilt Lake. Deceased wua (lieu wnrh-Ing wnrh-Ing ou the Commercial block. The defendant obtalued eiupliyment with Ilopkluaand I'upper. llo roomed for some llmu with Hcott In this city, nt thu witness Masnii'a house. Witness afterwards worked for Mr, I It Its and got Hcntt u Job there. Ou IhuHaturdny preceding tlio shooting ho made no inch rcuurka In the Wilms Mason as hnl bunii attributed loLilm, con cirulng KBbs&2i I the decerned, and had noeapectatlon nt that time uf lielng dlAchargcd from hit work. He had hal no trouble wllh Hcott up to lieu Onthomornlngof Pifeuilicr ISlh ho and Hcott were Imarding nt Masun'a, and hn 1 alet 1 1 igelher the night lK,tore. Hcott had told him there Woull be llo work forhlmllll Tuesday. Allcrgictlng Irrakfaitlntowiion Ike dato named hn went down to Ihe workshop. It wna about P. an. Among Mr. Helta and others, Hcott was thire, anJ wltuesa tiokn to them ns he pasted. Just after, af-ter, addressing Mr. Iletls, he said he uj posed theru would I o mi nioto work for him that day, Hcott Inter posed wllh, "Hilly, I have loll j ml not to coin-, to work till Tuesday." Mr. Iletls stated that there would be work again on Pueaday, but Hcolt said, "I'll tell ou tl,hl now, Hilly, that lliiiu will U ho work ou Monday or Tuesday for you." A little later Hcott stepped over to the north end of the work la-iuli, aud witness was nt hla tool clie-t, sorting out sume tools which he w anted lo grind. Aa Mr. Ilctts nnd Mr.DH.r sssiitnut nr !li arum Hcntt cameo.cr to him and ralj angrily, "What did you ssalt to me Ufore Mr. lleiu In the way )ou did fol?" He nnswired that he wna not aware he had aald anything any-thing wrung. He Iml said that he did nnt exwcl thire would benny work for him, as (he nldist man on the Job was (hen I dd oil. The wny In which Hcott st'ike angered him somewhat. some-what. He told deceased that ho had always treated him aa a gontle man and that ho did not thluk ho ought lojuinp up aud opisose him; that he had worked for the lirm longer than H jult, and, so far aa he ktiew, had glreu sillsf,ir-llnti. l( HLMurlse lolit K.-nlt lhat lie(I)Iaiiiond) had never had to "tuck for a job.' Hcott (hen called him a liar and a a of a h -, Jumietl In front of him nnd threw up hla lists. Mr. Il Its said, "Hold oil lioys." Win n Hcott acted In thla way he (Diamond) dealt Ihe first blow, nnd they then sluick at each itlnr several lluics. Hcott tried lo gi t holdof him, but ho iuthcd hlmnway. Hcullrannt. him and Iheyslruik two or three limes at each other, outalde. He waa next gratbed by Ihe collar by Hcott, who alto struck at him. Ha tried to get away, but Ml down on aciuu lumber, Hcott being on bin of him. He threw Hcolt initially oil, but tho latter struck him en the side of Ihe cheek Willi hla lert haul, he being a Irfl-hntnled man. Ills right hand uai near Ills (defendant's) throat. Hcolt said "Let me have the baitard," at the same lime Llcl.lng him on the hip. Afltr thla wltuesa went Into Iho shop, up to hla tool cheat. When they w ere lack again In Ihe shop Hot.lt called hint a (I d liar, and ainku very angrily. He (old him (o lit the matter drop, aatliey had hal trouble enough already, and he (Diamond) felt so weak at thla lime that he could hardly stand. Hcolt stooped down, picked up n hamuivr, rushed lowarda him and mill, "Vou s of a Is I'll drop you," while he waa In a stooping uiltloll at the tool ihett. Witness bad a clilstl In hla hand nud cs he whirled round with it Hcott wm tlruck Just over the eve. He ataggcred against the bench. When lie fili,,rv,.l eti-ntt bleeding he was very much itlslreeaeil, and threw down the chisel ou seeing what hal happened. He (Diamond) wnsaeolIWir from heart disease. Tu Mr. Crltchlow the dtfuidaut aald that he and the deceased man were on very rrlenlly terma up to Ihe day of Ihelragrdy, Tho first Intimation ho had that thern would be no more work for him at Mr. Helta' waa when he went down to the shop ou thla morning. morn-ing. (Case proceeding.) |
