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Show DIAMOND'S VERSION. His Trial for the Alleged WIIM Harder o( Elvirl StitL EVIUOCE HUTU Wlll.t. Tin -ticuifd on Hi. MaiiiIi llf Trlli Hit .Story or Hi. I'ofurlniul- Affilr. Wpwftrd of two ami a half hoiira were cuiiumJ Joierday In thn im Hnellngof a Jury to try WIlllAm N. Diamond, who aUnda rharge.1 with the wilful inunlerof IMwardrSrott, In thla city, In Itowmla-r of lat year. It wa 13 o'clock when the twdvo Jury men had been aworn. an I aflrr the reading of the Indictment by Clerk McMillan, Ihe Coil it ailJotirh.il until. 2 l. rn. The Jury la compoaril of tho following gentlemen: Daniel McDonald, J. C. Murphy, H. H. Dlcklnaon, J, A. HeUx, Hamuel I'nry.aiJeon Hnydei, 1'rank Jmiiilnga, J. J, Daly, !.. 1.. Uum garlou, I'. (I. Amlerion, Krcl Crowtou, Hcott Crlamon. When the Court rMA.mbled In Hie aflirnoon, United HlAlia Aialitant Dlv Irlct Attorney Crltchlow atartcl In with the oinlng atatrl.luht for the iroMcutlon. He raid that Hcolt mid DlAtnonil were both carpentera, nnil were, prior to Deeember 12, IntlmAte friend. Mr. Hcott waa the for., man at thejob where tliry were both rroploji-J, ami In accordanco with onlera given him by tlie contractor, Mr. Delia, Hcott laid Diamond oil on tho night of December II. Tho nest mortilni; the defendant went Alown to the place lo get hta tool- and a quarrel Mweeu Diamond and the decca-ctl enauvd. Peace waa rvaloml after aome blowa bad tieen exchanged, and Dlamondth.il went Into the barn to lnck Ida tool. Hcott waa In ll.u lilac. at work, and while they were there alone tlmiruarrel waa reuowtil by the dtfiiidant, and he atrurk Hcolt In the fori howl with the blade of the ihlael, Indicting n wound from which the ruiudli din an hour. Tho blow waa truck without provocation, and It waa the Intention of the defendant lo kill the deceased. Judge To era rr-orvct! Hie right to make hla oianlng .tatenuut at the couclualouof tbeteatlmouy for the pro eeciitlou. Dr. Wluor Worthlngton waa callcl and tcatllled I am a ractlalng lijal-clan. lijal-clan. I waa calle.1 to ntlvud Hcolt anon nfter bu waiwouudetl. When 1 got to Dr. Imdtla'onife bo wai linking, link-ing, and died In half an hour, lie waa fluttering from a wound alwut an lucliandanuartirwlile over the left eye. Thechlrel went In atwut thrw, luchof, ranging upward and to the right. The immediate cau of diatli vvaa lieniorrliagt'. The wltneM Illu-trated the courw of the wound with n human akull. Dr. Kndrla 'Kdvtard Hcolt waa brought to my ofllce on tho morning of December ISlh but. llewaaauir.rlng from a wound over the eye, and hla vitality waa very low. I Muilntitered tlimulanla hypwlerntlcally. He died In twenty.five iiilnutta, At the wit mortem examination we fi.uuil that a cutting luatmment had enternl tho head Juit atuve the left eye, and ex tended Inwardaaud to the light, Thu wound lurllncd Uowuward. CJeorgo I., lletb, aaldI am a con tractor, an I In December laat laith Diamond and Hcott wele Working for me at a Job on Klglith Weal Ktreet, the former aa Journeyman and the bitlir aa foreman of the Job. On December llth. 1 told Hcott tn lay Diamond ntr. At about ti.rtd the next morning Dla inond ramn down to the idaie, and aaklng lo Hcott, wild: "There la no more work for me here, 1 lupjicti?" Hcott replied: "Xot for a couple of daya." The defendant then called Hcolt a a of a b . a boaLird. and accused him of working hlra out of hiijob. Thau lie t ruck at Hcott and liny clinched and went out doora and Hcott threw Dla. mouddown. Mr. oilier and uilf ..uratcd llieni, an 1 then went Into the ehon, when Diamond again commenced com-menced to abuao Hcott. I Mid hluilf lie didn't ijult It I woulj atiid foran olllcer, atid then he -juli ted down and weut to hla chwt lo ack hla tool-.whllo Hcott waa drcaatng a boant nt the bench. We n cut out and loft thorn, and Inn fiw minute. I baton! Hcott cry out "Hold, hold," and then heard allew. I Ihen mailed laick Into the ahopand uvr Hcott auindlng at tho In-ucIi In the act of turning around. There waa a wound In hla foruhend and Diamond waa Handing by hla aide with a bloody i blael In.lil, hand, audHoott .aid, "My tlod, he baa killed me." Diamond bellied me to carry Hcott out to the wagon and aald, "My (lod, If It waa only me." To Judge l'owrrt I did not tell Dr. Ilndrlathla morning that Hcott had hcwi drlnklug. 1 hnvo not told any one that 1 waa going to do all I could to oonvkt Diamond. William II. Oliver I am acarpenter and waa working for Mr. IMta under Mr. Hcott ou December 12 tut. Diamond Dia-mond came down to tho place at about 0 o'clock and went Into theahop. when heabuaej Hcott for layltighlniotf. The defendant dually atruck at the decioatd and they clinched and weut doan to thu ground. Diamond atruck Hoott In the face tw Ice and weaepirated them. Diamond theu aald to Hiott: "Vou blga ofab-, yen would llkutodomc, but you can't." Hcott rtpllcd, "Vw, joii'ren ath." I then went outalde to work ami heard nacutllliig and Ihen a voice like Hcolt'a uy "01,:" I at oiicb ruahi"J In nnd atw Htt leaning agalutt the bench, with hla fact, to me. Diamond waa atanding lx or light feet from the bench with a chisel lu hla hand. The other men went off for a doctor, and I aikcd Diamond why he did what he had. Ho replied, "1 did It, Hilly; take the chliel and kill mo." Hcott ami a'teraarda collated and fell tothelljor. Afurlvi.nl In Dlamoud walked olfu atep or two. To Judge iVwerr waa very friendly wilh Hcott. Do not know Unit he ha I been drluklug that mom. Ing, but told Dr. Dudrli that he might have Ik-oii drinking. I have no Inter, tttllithli uuo except to awjuitlie donu. I have tailed n gootl deal to my frionda about the cmo. My reaaon for thluklug lliatHcott had lean Urlnk Ing waa that when bringing him up town Ida breath amellnd strongly of lliiuor. Ilotli men uanl pretty iianh lauguago towards eat h other. W. W, llorlon stated am a cariaiuUr ami waa working for Mr. DttU ou J.lghth Wibt Hlreet tuD.c emlr l.tli lat. Diamond rnme down therualaiutnliie n'clock aul accused Hcott of laying him ol! after boliaJ got the Job for Hcolt, The litter tailed blui a liar. Ihey Ihen got Into a aciiftli ami were lteil by llitla nnd lOllvtjr. Aflerqule'. was re-torcd Iwth mtii went Inloiheiliop and 1 heard Diamond tilling In a loud tone of volci', but couldn't iinderstind what Ih.y Mid, but I did hear Hct.II ea.t "Vou lie." Tn.ii I heard a ecutlllng and on going lo Hie door I raw Hcolt Handing ngaluit the liencli. There was a wound InlilAfbreheadnud ho laid. "My tl-d, lie haa killed mo." Dlimondwaa staiidlng about rlxfetl awny, near hla bwl chest, w 1th a chisel Itn hit liAiiJ, To Judge I'owtra- I luve no r. Ilcular fit tlnu; ai-alnal IMn.n.nii. I did not tell Clarence Woldnglou that be oilAhl to be burued nt ttie .lAke. llenjAniln Miou-I WAa working onlheeimejot, with Hcoit and Diamond, Dia-mond, liit was Mine ilUUiKt, ironi tho place when the trouble occurred. Mr, jletlaasxed me to get some water and I did so, and on eutellng tho shop I sAwHcott leaning ngalnpi the bench. Ho m m bleeding from a wound In the head. After he hud hern taken away I Baked Diamond how II hanucd. Herald "I have killed Hcott, 1 guru. I waa at thn Atonogrln ling my ililiel. when he called me A a of ate , and I threw llio chisel nt lihn." Tula waa the drat time that till rx plaualloti of the trajedy had lieu glve-i, and Judge l'owirt waa evidently evi-dently takrii -omowhat by surprise by It. 'lb. pronvutlou closed with thla witness, aud Judge lin era procculed to mikohta oanlug alatement. He said tho drfeme would maku no con-tcli-.lon but that Diamond killed Hcott with hla chisel, lint the Icsllniony for the de'cium would put the matti r I u an entirely dinvrrnl ll.lit from that In which the evidence for the prosecution ha 1 1 Iscetl It. Dlamoul waanyoung man who camo here from UIUJ. It would la, shown, by the mo,t ni-tiiiltl-ceait letllmotiy, Hist prior to this alTalr his charailer waa good, lleond Hcolt were warm friends and their fit. nd ahlp dated from the lime they tint met In Colorado. When Bioll told him Hint he waa laid oil" for a few daya It didn't atrect him, aud when he went .title.. ll,r.. IhAl inornlmr he hvl no Idea that any Irouolo woall eniie. However, both men go I angry and uses! IiaM lAnguAgo townnl mcliullitr. Then they rogagial lu a soulllc, and ai Hcott was a mum Urger aud more luHerfiilinin than DtaminJ, thelAt-ter'A thelAt-ter'A edorla vi ere illreitcl In Leering out of range of Heott'a IiIoha. When they wcro dually inrlt-1, Diamond was exhausted aul realy Li let Ilia matter drop. The trouble waa apr-outly apr-outly all over when both went back Into the shop. DIauioiuI went over tn his chest and was sorting over hla toola,whllo Hcolt waa evidently wall-Ing wall-Ing until tho othtr mcii weru aay. Then ho turned to Diamond and. referring re-ferring to what had been said laforc, called Mm n U d liar. The defendant de-fendant told him to let It drop, but not to call him that again, adding that, he was already ao weak that he could hardly sland up. Hcolt replied that he would drop hlmyiMnd salting a hammer ham-mer he ruihvd for Diamond. Aa ho approached, Willi the hainmeriipllfted, Diamond thrust out the chisel. Hcott aid "01,!" and rolled back lo the bench. Dlamoud felt that he had killed hla frleud aud cxprrawl the greatest sorrow. He struck the fatal blow to nave his own life, but the next moment lie would have given worlds If It had Hot hapienoil; et be did It lit muse hu felt couila-llcd to do it In selMefense, an. Ion tills sttteof facta auaciulltal was conddently expected at tholiauda of the Jury. Judge McOehati then proceeded tn read iirpoellloua, the drt itlng that of Phillip Allen, clerk of common j.lias of Terry County. Ohio, w hu leilllfed I reside at New Lexington. Ohio, and an well acquainted with William Diamond. We wire Intlmatu friends Uforoho weut west. Ills reputation for -ace and quiet Icforu hu li It Lex-Ingtoiiwas'excellent. Lex-Ingtoiiwas'excellent. I know from a thousand to dftetu hundred e-ple who know Jllam inland I never heard anionu apeak against hla rrjulatio!i for a.ace aud quiet. ilio'inu J.hmllh.of New l.cxlng. ton, said I have tvslded nt New I,ex Inglon since 18 J'J, aud have held odlce there. I have known William Dlamoud Dla-moud well for twenty years. Ills reisitatloii for jieace nnd quiet prior to leavlugtli.ru waa good. Hu left New lAXlngtitilhrcoorfour years agi. I think I know IviM people who knaw Diamond, J(c li V. Ward I reside at New Ixlugton and am lu lai-fucu there; I have known Diamond Intimately since lie wai a little boy. Ills testation for la ace and quit t there was vxcellent. HeV. Fattier Heary I am a llomaii CaIIioIIo prhait uud reside nt Nen Lexington Lex-ington aud am the roctornt HI. Hose's Church. 1 kuew Diamond well for two vears before he lift tli.ro. His n illation for a.ac and quiet waa al way a good. Ineverlieurd any thing against his cluraiter until lie had this trouble out west. The majority of all the Isolde I know I n Terry Comity are acquainted with him. John A. McOonagal I reside at New Lexington and am n carpenter. I know William Diamond. Hla rcaiU tlon for a ace and quiet there w aa good. Andrew J. Ward, ft merchant of New Lextugtun, had kuow Dlamoud for twenty years, and his reputation for -aco and quiet was good. J. II. Mluaugh had known the do. fondant at New Lexington, and hla romitatlon for piace and quiet was excellent. ex-cellent. Joatpli (I. Huffman, Judge of the court of common loan an I formerly prosecuting attorney and Hlate senator, lestllled that hehad known Diamond for many iars. Ho waaa most exemplary ex-emplary man and his riSitatlon for l-jaco and quIit was fontdletit. He wain quiet, law-abiding young mail, i onstxpieiilly that phisu of hla character charac-ter waa never questioned. UeorgoHlmmons, of Denver, a Jus. tlcuof theanceat Denver, knew DIo-mondat DIo-mondat Denvir lulS'd. His reputation reputa-tion thoro fur peace aud quiet was excullont. Andrew K. Johnson, of itnu-a, Col., had kuowu Dlamoud at Itousa and his reputation for acu aud nuletwas KWI. Wm.Thelss, of Lafayette, Itoulder County, Col. tcstldod to the same illcct. This closed the readlngofdenoalUous and the Jury retired, with permission ujulleml the theatre. Mr.Vnrlantla.il slated he linl Just learned of nconveriatlon had by Mr. Mssin with the defendant u few days before his dltcutrgo by Hcott, which had a bearing upon the question of malice. Although the irosctutlou had i1 si I, hu inked peruilsilou to imt this to-Uminy In. JuJgo Toners opposed this strenuously. strenu-ously. The wltiiiwi Miuion had bi on on tho sta.nl three tlmei and never lSlrSlfiA9 I disclosed any thing ai mt Ida conversri Hon. 11 waa tco late lo Introduce llil hstlmoiiy, and beslder, ll was Imma I"1"'- . . ..... Judge Zano decided to ailmlt llio testimony And lliedefeii'u took nn ix frpllon. , JmUo Towers aikcil for an order ror the Jury to vt.lt the nnilc on Clglilii vVcstHtreit. Ju-ge Zauede-dined Zauede-dined to make such an onl.r, mylng thai he considered It a bad practice. . Court then adjourned until ruisday mornltig. iitia m's iimcrrmxiH. In cotm-pienco of the adjounml sml.ui of the Territorial Hupreme Court iipenlng lomorinw, the Tlilrd District Court assembled earlier lliau usual this morning. It was twenty. dvo niliiutiis jl nine when Judge Zaun look his seat, the Jury who had i laa.cdihe night at an hotel luchaigui of iheCuiirt l.itlin- died lu Immediate ly nrtirwnrds; next llio del-ndant , Diamond vt.as bn.uht In ly Draity United Htatea Marslml llynou, and took his scat Just behind l.ta counsel, I Judgo Towers aud Mr. Macdaliii, at tho albirneys' table. The aicuted and his face wore aa anxious look. He la apparently a niauof Inttlllgeiiii-, aud paid clow altiiillon to the proceedings. pro-ceedings. Diamond Ian rather good-looking good-looking young mau, and Uteiela uoth Ingln niiapiwarancetoleal n jwrson to suppose hint callable of ronimlltlng such ii crime as I list for which he Is boar on trial ror Ills life. The taking of evidence w as resumed. llctijamlii .Makiii vi as retailed by tho prosecution ani brlelly detailed the conversation wlilchliehal with Dla mond shortly befor tholmgedy. In the coursa of whlcli Dlsmon I sal I that Hcntl woul I Ira sorry If hu laid lilm oil hlsjob. Hoexiwctcil, hostatcd, to be discharged that aaiiiu evening, and that Hcott since ho hal beromo fore, man had "got the J It-lira I." In row xamluitloti by Judge l'ow-or, l'ow-or, lln,wlliii"denlol having told a young woman named Tosklnsky,on thn night of the killing, that 1)1 mund ivas Aecruli, that he waa no goo.1, and that thomi with whom he worked had la-en tryliutogct rid of him fir month: that he did not know his larslneu, not el en how to hslig a door. Witness admitted that ho might havocxpreaiJ, ntllmca, consldemlile frellng against Diamond. Hu had never been nicest. ej. JuJgo Towers Didn't you admit to Diamond on une occasion. In llio course I nf a walk and conversation, that vou had lirrii nrrratcd fir horse stealing? Wllueiw I don't rtcollctt doing so, bit lam wllllnj- to mliiilt that 1 was once arrrstut on a charguof bono stcnl Ing. Judge T.iw.ra Tlieu why dll you lellluo a few momenta ago that)ull had nuvtr beii antsted? Witness-1 did not state It to cover up anything. Judgo Towers Why did you tell mo what you did? Witness I probably had not thought oflliAlmatlir. lly requestor Mr. Varlan, the witness wit-ness ex ilal nod the nlTalr referred to. Ho ssl.ltliat during the time here sld,l In Idaho, a couple of horsca la,. longing to him were taken away. He found out vvheru Ihey wcru aul went and took tht m without due proems of law. On this ho was arrested, bul discharged. dis-charged. The 'flirt records would plainly show thla, Mary Tusklmlif next took the stand and tall she was acquainted with the last witness and Diamond. On llio anrniaui of the day ou which Hcolt waa killed llio wlimaa Mason, at his house, 111 her hearing, made use of the language In referenco to Diamond being a scruli, i tc. Hheknew Hint defendant de-fendant had tho goncial reputation of being a quiet and pvactahlu man. Trior to the killing nf Hcott alio had never known anything against Diamond Dia-mond 'a character. .Mr. Varlan Aro you engage I to bo married to Diamond? Judge To era I object to that. It la n question which the young lady may dccllho to anau er. Judgo Zaue The wllnc-a may answer thu question. Wlturve wai not at that time, nor am 1 now. Mr. Varlan Were you at any tlmt? WltUlsa Well, I expected lo lie If thla trouble bad nut coiuo. We had kei t company. M. H. Desmond said he had known the dufundaut about eighteen months, having worked wllh him lu iidiivir, Colorado. Aniomhls acquaintance, thero ho enjoyed u good reputation. Hal never heard anything against lilm up to the trouble w Itll hcott. J. W. (livens had known the accused about a ytar and a half, and also worked with him lu Dctivir. Never hoard anything against his character. Had heard oplony ho waa a nice, quiet aort of man. J. T. Jenkins, reporter, said ho mot Diamond 111 the city Jail, about noon, outliuduy of the tragedy. Ho went to Interview lilm lu rtgurd thento. Mr. Varlan oljccted to the Introduc tion of thla evidence Judgo Tow eis rrpilecl that Mr. Jenkins Jen-kins wreathe drst person who saw tho nciused after Hcott died, aud ho wai.lnl lo show that f.hcn Diamond heard lllenevva of hla death hu waa greatly allocked, nearly falnled, aud tihlbltdl the utmost contrition. Judge Zane austalued Mr. Vnrtau's objectloti and tho witness left the stand. (leorgo Dennett said the defendant tnarded with him for elghtcc u months, and sioke of his own knowledge of hit quiet and ieace.al.lo hearing. Leon Van Hlickln and Harsh Worth Ington also spoke as tu charat ter. Johu Dlamoud, of Lima, Ohio, brother of the defendant, was called, but was simply questioned as to the age of thu accused, which lie gave as SJ. The defendant was then placed on thu stand. Ilesald he was horn In Jackson County, Ohio, and was unmarried. un-married. After being Interrogated by Judgu Towers as to tho soverul places lu w lilch ho had resided and the j Arllea for whom he ha,lworke lain cariientur, ho said that upon leaving Denver he came to Halt Lake. Thla was In August of last year. Ho became ncquAlntfd with Hcott about three years ago, at Itausa, Col. He waa theu working for thuKamu firm aa defendant. defend-ant. They wcro always tin friendly terms In Coluralo, and never had any trouble with him before cwmlng lo this clip. Hcott ciniu here lietoreliim. He met Hcott the day after his arrival in Hilt Lake. Deceased was then wnrk-1111 wnrk-1111 ou the Commercial blook. The defendant obtained employment with Horklnsond Tuppor. Ho roomed for some llmo wllh Hcolt In this city, nt thu witness Masou'a house. Wltueto. aftorwards worked for Mr. lletts and got Hcott a Job there, On thoKaturdiiy preccdlnz. the aliootlug lie made no Inch remarks to the witnesH Mason us had been attributed to hint, concerning fie dereised, and had nontitlon nt that lime of llng dlathargcd from hla work, lie hd til nn trouble with Hcott el' '"," On tho morning of Urcenitsrr l.tli no and Hcott were l-oarding at Mawn's, an I hn I sir) I togsiher the night l-olore. Hoott liad told him there would be no workforhliutlliruimlay.Allirgittli.g Ireakfastlntownon tVyo dato uamr.1 he went don to tlie workshop. It was about .:n. Among Mr. llelts and others, Hcolt was there, auJ wltuiss spoletollieniBa lie passcl. Just af. ter. Addressing .air. liens, lie saiu u sui pow-J there would be no more work for him that day, Hcnll Inter-posed Inter-posed u lib, "Hilly, I have told j on not la com. to work till Tue-day." Mr. Helta stale.! that there would bo work again on Tuesday, but Hcott aald, "I'll tell you right now, Hilly, that tin re will la- no work ou Monday or Tuesday for you." A little later Hcolt strpt-tsl over to the north end of the I work Until, and witness waa At Ms tool elicit, sorting out some tools which lie v. anted to grind. As Mr. llctta and Mr.Oilver went outof the shop Hcolt came oi cr to lilm and aald nngrlly, "What did you s.k to me l-efoie Mr. Hi its in the way you 11. 1 r,i.? IC nMtf, r,.l that he was not aware he had said anything any-thing wrong. He had said that he did not expect Hiiro would lie any work for lilm, Ai tho oldest man on the Job wss thenlild oil. The way lu which Hcolt Aiioke Angered him eonu what. Ha told dece-ased that he had Always treated lilm as a gentleman gentle-man and that he did not Ihluk lie ought lojtimp up and oppose htm; that he had worked for Ihu linn longer than H nit, nnd, to far as heknew, had given sitl.f.icllnii. He lll.wlto told Hcolt that he ( Diamond 1 ha I never had to "auck for a job." Hcott lli.ti called lilm a liar mid a b of a I, , Jumped In front of him and tlirs-w up tils 11,1s. Mr. llctta sail, "Hold nn Iwya." When Hcott acted lu this way he (Diamond) ill all llio drst blow, nnd they then struck at each other a.viral Mini's. Hcolt tried to git hold of lilm, buthosihcd hltiiaway. HcottraiiAl. hlnian.l Ihey struck two or IhreetlmcA at each olh.r, oulstdc. Ho was next grabbed by the collar by Hcott, who alsostruck at him. Hu tried luget nway, but Mldowii on somo lumber, Hcott being on bin or hint. He threw Hcolt pAtllslly oil, but the latter struck lilm cu the side of tho cheek with his left liauJ, hn being a left-handed man. His right hand was near 111. (defendant's) throat. Hcott said "!.cl me havo the liAstard," at the same time klcl.tng him on the hip. After this witness went Into Ihu stioi, up blili tool chest. When they were back ngnlu In the shop Hcott called him a (I d liar, and sioko very angrily. He told him to let tho mailer droivasthey had hal trouble enough Already, aud he (Diamond) felt au weak at thla time that lie could lianlly staiut, HcolUtoo.c-d down, picked up n hammer, rushed towards lilm and said, "Voua otals I'lldrop you," while ho was lu a stooping -o,illoii at the tool chest. Witness had a chisel In hla hand and r.s lie whirled round with It Hcott wn struck J uat over tho err. I In atagge ml ngalust the bench, when Im obwrvod Hcott blending lie was very much dlstrea-ed, nnd Ihruw down the chisel ou seeing what hal happened. He (Dlamoud) wasastilfWcr from heart disease. To Mr. Crltchlow the defendant said that he nnd the deceases! man were on very frlondly terms up bt the day of the tragedy, Tho drst Intimation ho had that thore would be no more work for lilm at Mr. Itetta' was whru he went down to tho shop ou this morning. morn-ing. ' (Caso proceeding.) |
