Show TO THE TE TESTIMONY I I II I II ot of testimony Int in e oe case wa vas interrupted toay today In order to 10 ot of argument tn on the objections of for tor the defene defense to exclude certain Time The sought to lo be excluded was al relate relative to time the depositing of time the alleged dynamite boxes with the ox ex pres press agent ot at Eureka Counsel for defendant arue argued that thal testimony of that nature would not prove the corn com mission of the orense offense as alleged In the information Nearly the ot of tos ui time was consumed me In arment argument and at 1 a late hour this afternoon JUdge over oer overruled ruled the objection and the ti taking king of testimony was proceeded wih with F hi J 3 DUan Dugan the a agent nt at the tho thoRo Ro Tile Grande Grando Western ll depot t called b by Mr Ir morning for tor time the purl purpose of praying the deposit of the alee alleged InCel Infernal machines by Smith or sortie lome one else Time The hal had no ime sooner 0 his hie name and o occupation ton Mi M Truman Inquired It It stas the intention to 10 prove hi Ih wItness the dep deposit t of the boxe In Wells Fargo e cx pr press olce II at Eureka Mr I It WOI Mr offered oD D objection tv the Dh h n Qi fA tl dM that 1 It Uld nr t simon hor nor tetI tend to Iho show that the crime alleged In Inthe Inthe the information viz time with Intent to ki kill woe S committed In Salt Lake ke count county CONSTITUTES AN N ASSAULT Counsel to took time the Polton position that list nn an a as Sult ivas IU nn mm unlawful attempt coupled with the pr present nt ability to Inflict a ab b bodily I Injury upon another and that the deposit ot of time tho boxes at Dureka would luch such an pct net lS no would show how a crime In Juab county Furthermore Mr Ir said the tho statute providing that where on an otren offence 11 it partially commItted In two counties It could Guld b be tried In either had n no ta bear leg In title ease caM nr nor cold could th the statute give lIon the Third district court lc ton Admitting for tor the sale ot of meat Jd said Mr Ir Trman Truman Sith Smith did deposit the box with th the Igent agent at BurEk the State is IB attempting to show how tot that the art Act we committed In Juab cont county and It if this goes In we InsIst that your or honor Is II s without OF STAT Mr Ir tok took the tho position that time the on Judge loren Powers wo woe nt not corn com compete until h he hail had received tle the box from pete Wt ls Fargo co company ny Mr Ir followed Mr Putnam and after Mr Van Yan Coi Colt and Mr Thur Thurman Thurman man hail had been her heard again on the qu ques Judge overruled the ob objection Jeton Mr Dugan was agaIn oin cle called to the stand and ami WAi was giving hi hIs mon when hn time Ne New closed A At t time the preliminary hearing time tho wit witness ness nels sid saId he warn unable to say who I it was 4 that dele the boxes With him |