Show RESTS RESTS' HIS CASE AFTER t. t r THREE WITNESSES ARE EXAMINED Defence Entirely 8 h ted and the I Will Soon Begin on a Verdict S f f 4 4 efe ce suddenly rested 4 l l trial 4 this afternoon after 4 I t. t of Pearl Hills Hill's 4 I l tt having having- only atto at- at 4 to impeach the 4 it 1 I two of or the States State's wit- wit 4 r Only IY three witnesses f 4 ined This move 4 i 4 rely unexpected 4 I a It quest of District At- At 4 the jury was Forest Dale e the scene f l gedy where Hays Hay's 4 t g. c l found buried J f t will twill will again convene 4 I tomorrow morn- morn f the arguments will It T eted its chain of Pe Peter er l andI and I ord of opening state- state tence e has begun the Intros Intro- Intro s morning District sa sad l m mI I desire to state that I with the under- under 1 l later ilter renew my reI relie re- re I S.- S. lie e court and jury be taken I I of it he tragedy I l er no objection then y art c cartI T nv-T a I nce desire to make a tasked asked Judge l Iori Morse e. e irce nce waives the opening openingS tI h led Attorney tt ney HC C. C B. B JB 11 Young xoung f look of surprise surprie on the ourt officials and the spec- spec aen len en has any defence aside hIng In the motorman Allen ned to keep It a mystery n has made a strong case 5 D' D f s ss by the deS de- de S frather rather to have strength- strength the statements of s 's witnesses J. J tence ence tIng stories of c l condition his re- re i t be written r rn n out 7 I r ent was made his I de de- de C of the crime his i Area jl September that he had no II finding ending of in gold hid- hid use use his rE request quest to Charles It Eat Jat t he make a statement loaned l n 1000 or by the motor- motor v ho saYE he saw v en ve Md-ve ve on the fatal night the the the story that in gold ld quart rt uart fruit jars these jars these are ares s in the chain and at the heY remain unbroken n Impressive d n the Stat States State's s 's testimony I p and impressive t hundred dollars in gold lout Lout Lout before the eyes of the thery ury ry and t then placed in the I nt t n from e e filling it This killed fl three Jars of gold more I han I.-han than the testimony of a a. for It was proof r only effort made mad by the ach the testimony of identified The to the noon coon lour hour was not make It appear whether or orbe be successful in n so doing he Account nation 0 of F. F W V. Sinclair I c cash cash- 1 tah National b bank was con con- He tie said amount deposited by Peter rom October r r 21 21 1901 the day with us LIS to Decem- Decem Vas 85 During that period heck d out leaving a athe the witness adIt ad- ad thOre might b be some e error in tion and on redirect e t te It lanced the account while on ond nd d his results ng Is Es Examined Holding holding was recalled for tor the by the books of her her testimony givS s to the amounts of money Cannon CantlOn cashier of Zions Zion's was as sworn r and testified ier 2 er- er r 22 Js 1 Peter e n payment pa of the Interest note for forIO ruo IO in our favor unpaid fined Mr Cannon annon said by bv a do mortgage on onsen's sens sen's home In in Forest orest Dalend Dale nd mortgage are dated Octo- Octo d a Painter n a a. i painter said that on Nohe No- No 1901 1101 he received a 50 30 check for work done that on Ird he received 2 2 on N Novem- Novem vem- vem check for 75 on December 1 for 1120 1 yail ail M. M Mathews was recalled said he n defendant 1370 during the October 1301 1901 70 on October 60 on October l 11 I 1901 I also during December 1901 Stewart became confused when mine and said e qu el-qu qU Mrs aIrs lr Mathews You where ere Mr got this t he paid you ou on do you you money came the came the quick d ci I 1 know where 1 I got it lIDey irney Blushes t C Tall all said the attorney blush blush- Isly inor then made a statement to saying that it was admitted by lr the defence c that If John C. C f elt fJ re present se he would testify that h i 1301 1901 he paid Peter Mor Mor- W that on November he oi on December he paid rand land on DI December ember 1200 in 2150 lenient was received In evidence harp a son of James s. s Sharp wa was testify as to Hays Hay's weight lie II his jud Judgment ment that when n he last deceased deceases in November 1 1901 1 he ho about Ill pounds He lie said that tall and very slender ensen's Favor In favor as some weight to his statement Hay sat eat on the settee while O oseph eseph E E. E Calne caine said Mr Elch- Elch I nc was sworn and in answer to toI I et iF asserted cashier of ot the Utah Commercial ank and have held that po- po Continued on Page 6 Inu Continued from page 1 S s Uon for three and one half f years Mr Eichnor at this Juncture placed a small mall satchel on the reporters reporter's table and Just st step step over to the rep reporters reporter's lers ler's table Caine Calne Mr SIr S 'S Objection Is MadeI Made I object said Attorney Stewart to the attorney opening anything before the jury until he states what he proposes to todo do do If If the court please said Mr Eichnor I propose to produce here ln court 2800 in in 20 pieces gold and Caine Calno count it it and place it in the jar has been introduced in evidence We Ve object said Attorney S Stewart ewart as as being incompetent irrelevant vant vent and as being a Introduced in introduced In- In for the sole f prejudicing In ins ing the jury The objection 3 lon Is overruled you ou may proceed Mr Eichnor said J Judge ge Morse Pyramid of Gold f The District Attorney the satchel took out a small canvas sack and untying ing it poured out a a a mass of or 20 gold pieces They piled up in ina a small glittering glittering glittering glit glit- glit- glit pyramid and a few rolled off orr on the floor S SNow f Now said Mr Eichnor will ask aska askO you O to count Out ut these 20 gold pieces piece and pile theta up on the The deft fingers of the ca hier t s-t tle toe gold into the palm of ri liTs s I eL an anu In Ina ina a short abort time the money w slacked up In nineteen columns of e each ch Affected j jAs As the counting proceeded and nd the jury observed the small space occupied by the sum seemed more affected at any time during th trial He shifted nervously In his seat and his fea lea features features tures twitched and He seemed to be reviewing in in his hIS hIS' mind his story of how the ree quart Jars iara S Mr Eichnor continued You Tou may now take talc the money from the table sand J and place placeit it In this Jar handing the jar In evidence which was taken from house Filled One Jar jp L The cashier did so AND V THE IN INGOLD INGOLD INGOLD GOLD FILLED ONE JAR JAE TO WITHIN ONE AND ONE-HALF ONE INCHES OF THE rHE TOP I. i I insistent and oft reiterated iterated statement THAT THE FILLED three conclusively conclusively conclusively quart fruit jars had been disproved There was not a word of examina cross tion and the spectators were were- strangely hushed seemingly un unable le to shake off the ini impression no of with fl gloom his face wh white ie and set I turned acain to his note book bookend and began to set et down figures i Expenditures IThe j I The witness Co Coult lt who t testified tf ed yesterday yesterday yester yester- day was recalled and arid said that on October October October Octo Octo- ber paid him on October October October Oc Oc- Oc- Oc tober 19 h. h in cash and a check of 75 on November on November 50 and on December loth 50 30 He was Vias excused without cro examination cross examination s-examination and W VT S. S Simpkins bookkeeper of the Salt Lake Pressed Brick company was sworn He testified to having made them the following payments in 1901 October ith December 67 The defence did not examine the witness wit wit- ness Xv I Fr Frank Tor erson was wag tec recalled t d' d dand and Attorney Attorney At At- torney torner Eichnor asked When U you ou first went to the mound of ot t earth which you afterward discovered to lo be the he grave of ot James R R. Ray Hay did YOlI- YOlI condition condition con con- Of the snow now about th the grave Yes sir f 7 TA T- T ti Shovel A Nose Square c Nose le What was was the condition It n had been scraped up there over the grave with a square n nosed sed shovel That Is isali all said Mr Eichnor How c could uld you tell ten it it was a shovel that had been used Basked Attorney Stewart Because I could see seethe seeth tho prints where the d shovel had been s down n through the snow to the ground ground ui Could jt not have be beena hoe No Nosir Asir ti i You lou i w were re pretty well frightened 1 the then thep r s 11 ST weren't yoU No uNo sir This was before I knew what was in the grave crave With whom have you talked this about case cage since yo you YO testified last as Your brother B. B J J. St Stewart w rt talked to tome me about ut it it- it and dud Henry talked to me about it you talked w with lh Mr Eichnor about what you were going to say now No sir I have not not not-not not a word Moons Moon's s 's Position S JOS Joseph h P. P P. P Toronto pro processor of mathematics mathe matics M in Utah University was sworn for forthe forthe forthe the purpose o of testifying as to the position o of the of-the the tM moon noon at 11 1020 20 on the night of of De December December cember l Wb tb the time wHen Allen claims to have seen near the grave Allen has testified that It it was bright moonlight and under examination cross the defence attempted to show that the moon might be oe as to cause the the hat worn by a person to fall uPon hs face Prof Toronto said that at 1020 on December December December De De- De- De cember the moon was almost directly direct direct- ly in th the e w west st st. above the horizon one- one eighteenth of of the distance to the zenith and within from eight to twelve minutes of the time-of time sinking behind the mountains moun moon l I examination Cross only brought out the out the statement that the professor could have made an n error of a v very few minutes in inh inha h his ha- calculations Defence Opens The State Slate rested its case and Attorney Stewart the opening statement called Royal B. B Young a resident of Forest Forest Forest For For- est Dale who testified that he observed the te moon a little after 9 o'clock on the evening of December and that it was only half hill an hour high He was not sure that It was still shining at past half-past 9 Martin Lesler a plasterer residing at Twelfth East and Fifth South tes testified I had a conversation with John Allen the motorman on December or Did Mr Allen say to you in substance that the police wanted him to Identify e as the man he saw on the 1 h lm Of December m a and that he was not positive enough to swear a mans man's life lIe away Attacking Allen Yes sir In substance On examination cross-examination Attorney Eichnor brought out that the witness had recently recent recent- ly had several conversations with Henry as to what he would testify to and then then- said very ven pleasantly alj al' N No Foundation Laid James C. C P Palmer ln er a was also called for the purpose of impeaching Mr Allen but as no foundation had been laid during the examination cross-examination of Allen the objection of the State was sustained Pearl lull Hill a barber In the McCornick block was the next witness He said in substance I 1 remember that Mr Allen Alen came into o my shop op the ot of D December Decem ce cel g ber last a He said Y y in Substance i c 7 I am the man man you read about O this i morning I replied l tr do dy you mean e At this point In the examination of Mr Hilt Hill Hit the noon recess was was- taken The examination of Pearl Hill Hi was continued at the afternoon session Attorney Attorney At At- torney Stewart wart asked Do yo you remember ber er Mr Allen Alien Alen saying to to you in in sub sub- stanc stance 5 I suppose you read about me in the paper piper Th They y wanted wanted me meto meto to identify but I could not b be positive for I will wi t tell n y you u it it- was jUt like this Hiis I couldn't be sure for he had his back t turned I could not swear a mans man's mins min's life away on that that Is that the substance of what he said Almost Almost the exact words Take ke the witness said Mr SIr Stewart You have have- taken a great Interest in int inthe t tie the e defence this case ha haven't vent you said Attorney Eichnor Yea Yea sir you iou have frequently expressed your opinion as to the inno innocence ence of this defend defendant ht Yes sir You have helped to secure witnesses for the defence Yes sir sir Where were you on 01 Sunday last I visited Forest Dale and was at atthe atthe atthe the scene of the alleged murder murder Do yoa YOI Od know kow the defendant Peter 1 I do not Do you know his brother kenry Henry I I have hiv seen him but once in five or orsi si six y years ars I know him slightly Where d di did you ou go on Saturday or Sunday or Monday last with reference to this case 7 I dont don't understand your question After ten ten minutes of roundabout questioning Mr 1 Eichnor said Do you yon know where the Salt Lake Herald orVice or- or Vice fice is i's Yes now I know what you mean Yes I think you do said the ney What did you gc SC gc to the Herald office for To look up the date of the Conversation Conver Gonver- I had with wih Allen AlIen Alen you want to refresh your our memory memory as to your statement and Allen's Allens Allens Allen's Allens Allen's Al Al- lens len's statement No sir ir just to look up the date ate You could tell the date Just by looking looking looking look look- ing at the heading of the thO paper Yes sir Then why did you read the conversation conversation conver conver- as reported in in the in-the the Herald To confirm it you want to refresh your m memory mory so that you would be certain in your statement to Attorney Stewart this morning No sir I did not not You have remembered that conversation conver conver- perfectly from the da day you you heard it Yes sir distinctly Can you you your r remember me ber any other conversation con con- that took tok place in your shop on the day of December 1901 aside from the case I cannot say Can you remember any other conversation conversation con con- that took place place- on the of December No sir sir On the a aNo I A No sir sir t. t On tIe the te SC I No sirOn sir sir r i iOn 1 On t the Lw C j No sir f fOn On On J January 20 40 Q 1902 r No sir j i On May q No sir Do you know Mr McDon McDonough ugh of the Herald Yes sir You asked him for the flies files Yes sir You told him that you were about to testify I for the de defence X Yes sir h You t told ld him that that YO you had ad hunted up witnesses for for- forthe the d defence fence Yes sir You talked with wih Mr McDonough quite freely about Allen Yes sir V. V What witnesses have you hunted up for the defence A tA man by the bythe the name of Mitchell Mitchel You did secure Mr Mitchell Michell as a witness for the defence e Yes sir S |