| Show BANDITS CHARGE OF MURDER alleged slayers of marshal westwood bound over to D strict court la 9 county clerk n H IV balsley this morning received a letter i from judge dilworth woolley Woo llcy stating that a se session sealon alon of district court will be held at moab monday sept 23 for the purpose of arraigning elliott and pfoutz alleged slayers of marshal westwood the defendants will be allowed to plead to the charge preferred against them if they have not mot already secured counsel the court will appoint an attorney to represent them and the way will i be cleared so that the case can eln definitely come to trial and be disposed of at the november session of court on a charge of murder in the first degree R H lehott and delbert webster pfoutz alleged slayers of marshal IL D westwood of moab were vere held to answer to the district court at their preliminary hearing held friday morning in the court of C 3 L christensen justice of the peace elliott and pfoutz are accused of slaying the aged officer in the of the county jail at itt moab on september 5 and of making their escape to the hills only to be captured by sheriff J B and his posse the preliminary trial of the two confessed bandits was held at ten 0 clock friday priday district attorney F P W keller and county attorney 0 8 S thomson appeared for the prosecution the defendants not being represented by counsel A court stenographer was present to take a transcript of the proceedings at the beginning of the hearing pfoutz asked for a further continuance stating that he had advised relatives of his trouble and that he expected to secure financial assistance within a few days to enable him to employ counsel district attorney keller asked the court for an immediate hearing stating that it was desirable to remove the defendants to a larger jail later he said the defendants may have all the time they need to perfect their defense when the justice ordered that the hearing proceed pfoutz stated that he desired to enter a protest dr I 1 W alien allen was the first witness examined by the state he testified as to a post mortem mortera examination he had made on the body of marshal westwood and gave the location and range of the three bullet wounds the officer sustained in the jail break sheriff J B was next examined giving a history of the homicide I 1 he told of the hunt tor for the two defendants after their escape I 1 and repeated the substance of conversation he had had with the two men following their capture claron bailey 12 years of age son of mr and mrs 0 E bailey testified that he was sitting in a rear upper story window of the court house overlooking the jail yard at the time of the homicide he saw mr westwood go into the jail and later heard voices from inside the jail he heard three shots and one of the prisoners ran outside the jail then went back in he heard a voice say 1 I got him followed by get hla his gun the two prisoners ran outside and one turned north the boy did not see the other prisoner leave the jail yard he ile said he saw mr westwood lying in the jail door and he be was vas crying for help helen folster roister lo 10 years of age daughter of mr and mrs A C polster testified she was walking down the street near the F P M shafer residence when she heard some shots she saw a man run around the A P voorhies residence coming from the direction of the jail he jumped a fence and ran east he ile held an object in his hand which appeared to her to be a gun the defendants made no statements when arraigned they declined to plead to the charges preferred against them pfoutz stating that he wished to consult counsel first at the conclusion of the states testimony the court held the defendants to answer to the district court on a charge of first degree murder immediately after the hearing the two prisoners were taken to the carbon county jail at price by sheriff and county attorney thomson they will be held there pending their trial trill in district court which will take place at moab in november the sunday evening meeting at the I 1 L n I 1 S chapel will be devoted ly to ge work there will be special speakers from salt lake city and their addresses should prove very interesting to all the meeting Is open to the general public and a cordial invitation Is extended 01 or A 4 k 1 1 X f S 0 41 11 k INA 2 c 1 V A upper left n R IL elliott confessed slayer of 51 marshal arshal R D Il westwood estwood of moab upper right delbert webster pfoutz partner in crime who is also charged with the murder of bl arshal westwood elliott and webster after the slaying of the officer escaped from the moab jail but were captured by quickly organized posses lower marshal westwood who had served as a peace officer in grand county for thirty years serving two terms as county sheriff |
