| Show BRIGHAM CITY Evidence for or 1 II In the tho Oni llen or of Special Correspondence encl Brigham Clr Co ov U ot of Durk Burke rot tor the k ng ot of I occupied al all the Ur at the district t court today A number ot of wi wit were examined for tor the Stile the evidence ot of each being ot of the same som import tending to show shuw that the killing wan done caulle or except x pt that the thc defendant WitS under th the Influence of that hI lie brought Burke and otherl others from Logan to 10 on the of at September hal had a Pint ot of whisky ky hu he and lurke a number oC wee were nut nt drunk Durke hd had a pistol and a shotgun wih with him Used usell each a number of Dt times coming through the hi hills shoot shootIng Ing at marks birds bird ete etc Durke said Mid I There Thee Is II one mon man I 1 would like to dro drobe drop the be wires on At Burke Durke took too I II I It t I 1 j 1 u A gun out ut of the walo Ut It aWAY In barn Edw I next W VaI In n I Ihl lb day la of at the In till th awl jast West ot of Main atNel street Burke WI them and harrison wn syre harrison lid said You mar m t come and pt get your our time then turned and nd walked toward I Eddys drug store tal fol 10 loed d reached Into his hll hip pocket and pulled a revolver here a pistol was shown which h he recognised a as belonging to Burke Burb at af atte after te ter to Main toward this the lve livery stable The fhe deenie In the trie tried to brn bring out tbt the tact that Burke hl had been 1 drinking heavily ltd wu was drunk Til This the witness H It I F Bel Ihli that hI he and Mr Ir let met Burke Hurk 1 a little Illow below Min C conversation ok street at I a 1 us m a 1 ton between the defendant ani and J In eon harrison told to r go to the Boen house hou for Burke tt tie olne dined II said oat to 11 the and let got your timo On examination w awed ted he be had known Burke abut about two year ean knew ot of n no nl be twain and urk they wih some lame thirty Ien lied 11 been working to 10 together gether on the telephone lne line testified be ilaw Burk Burkon on 1 19 18 lie he had I a small sal I bt botti or of whisky and 1 a shotgun the I latter was put Into a clot In the stable Mr Doxey another worker Oi on the In line was sworn and Ittle WAi itt 11 Brigham on the afternoon rif f was a standing on the corner I saw Burk leave livery stable lo load his hll shotgun and toward the drug tore store aw him enter nr Ild and through th the window lW saw Burke Hurk draw his gun on who wits writing herd hearth the shot went In Ille elde the tore store antI found did didon on the floor Hor with a pen en In hll hie hand Charlee Anderson knew deceased and nd defendant Wa was II III the drug etore the evelln evening of HI 19 18 IW itaw tle the the two men Harrison WI was writIng at ln Burke Hurk er caine In and Ind after speaking to tred fired the fatal shot ahot Iton The distance from the front ot of the window to the thu place where Burk stood when his hisgun about HarrIson Is sun gun ras BI drawn on t feet teet Deputy Sheriff F S Thompson Mid he met Burk coming out ot of the store who sil said I have killed a take me out and hot me meI I him UI and found B a number of at lole hooded cartridges 01 on him nl also o I a revolver loaded 01 all round found B a shotgun Inide InsIde the store storo wih with one loaded nd one empty emt shell in I it gun and Pistol were by y the jury I loft Burke asleep morning In jail and found him asleep next Tim TIlE D FI NSE Mr els eh Jensn Jensen coutteel for tor the lIe de defence tense fence In his ca case sold said We Wedo do tb not expect to show that lurke Burke dl not shoot Mr r Harrison on the night of at September 19 1900 we to prove that he did the dee deed while under the tho influence ot and ond did ld not reze realIze what Ic he WOI wail doIng and that lit he Is not guilty uly of murder In the thc first frt d degree sree al a charged The Thu first witness for tor the defense was Mr r Charles hurle Brown proprietor ot of the thu Valley house Salt Lake he knew the defendant aley j he he oten often gets drunk but Is not boisterous at such times On cross cron examination nothing new was elicited |
