Show BARNEY MUST FACE CHARGE OF MURDER IN I THE FIRST DEGREE Sheriff Naylor Decides to Swear to Charge Against l Slayer of Jennings in Order To Keep Him in Jail CHARGE MADE IN 1 THE ECKSTEIN COMPLAINT f 4 t f t. The portion oC ot the Eckstein complaint contal ing the se serious lous charge 44 4 4 is as follows f ff That the sal said Barney Eckstein on nn th the day clay of S September 1902 In Jn f the count county of Salt Sail Lake State of Utah tah upon one J J. A. A Jennings wilfully 4 I t ff unlawfully feloniously deliberately an and 1 of his tits ma malice aforethought and f ff f with specific Intent to take the life liCe of the said aid J J. J A. A Jennings an assault f did make with a certain sun gun commonly called a revolver then an and there 4 f by hy him him the said Barney Darney Eckstein had and held In his hand and then and ff there wll wilfully fu II unlawfully feloniously l deliberately premeditatedly and 4 of or his malice aforethought and with the specific intent to take t the le life of oft off f ff 4 f t him the said mid J. J A. A Jennings s the revolver so EO loaded aforesaid did shoot f 4 and discharge upon and against t the bod body of him the said J. J A. A Jennings f ff f thereby striking him the thc said J. J A. A Jennings s with two of the tha said leaden 4 H- H bullets Inflicting upon the said J. J A. A Jennings two mortal wounds t t t L t tt 4 F t il I 1 T T T T 1 I 1 1 T T Barney E Eckstein who killed J J. J A A. A Jennings in Fairchilds Fairchild's roadhouse September September September Sep Sep- must answer to u a charge of mur murder el In the first degree A complaint bras j ras filed this afternoon b by Sheriff Naylor In Judge Diehls Diehl's court The arraign arraign- it followed Immediately afterward ard Eckstein accompanied b by l Sheriff Naylor an and his counsel Judge Judg-e Powers appeared at the opening of the thc afternoon session of Judge Diehls Diehl's court and the case was given iven precedence over the regular docket After Aftel the reading of the complaint Eckstein pleaded not guilty guilt He lie was extremely nervous as he stood up to hear the complaint read and his plea was hardly audible Judge Powers and Assistant County Attorney Loofbourow ree ag-ree agreed on Fri Fri- lay morning at 10 o'clock for fOl the preliminary hearing which time lime was wag set b by bythe bythe the thc court No ball bail was fixed on account of oC the seriousness of the charge chorge Sheriff Naylor when asked his reasons for holding holding- Eckstein on a murder charge said that It was necessary In order to hold him at all Either the man had shot In self defense or as a cold blooded murderer Under the circumstances circumstances circumstances circum circum- stances h he considered It best to hold Eckstein until the thc case could be more thoroughly Investigated A consultation was hel held this morning between Sheriff Naylor and County tA Attorney Horney aorl at al which It was as as decided to file the complaint Sheriff Sherin Naylor said no new evidence had been secured In the case since the inquest He lie al also o refu refused ed to say that he ho believed the evidence now at hand sufficient for forn fora n n. conviction The complaint was filed flied simply In order to hold the accuse accused |