| Show cruel critel murder of gottlic me deaf and bueto boy the dandles at fl ori orlo complicity of mormon ac we en enquired a week w eek or to tw 0 ago in our paper for the tha deal and dumb boy andrew bernard since which A aich time one N X L christi ti acson a policemen of this city has been arrested charged with his murder the facts so BO tar far as we can glean them from the preliminary examination now going on before judge sinclair are these on the day of october 1858 one henry C smith who is said to be in in california at this time made his affidavit before peter clinton a justice of the peace of this city charging that said bernard had stolen from him 55 33 in gold upon which said justice issued a warrant for the arrest of said bernard which was placed in the handa ef cf said to lo sen e as policeman tle warrant was wag not served until about the ath M or of 0 november follow ing sail said smith having in the intermediate time gone to california as la is said upon being arrested bernard was wag taken to the police station where justice clinton saw him but he rievel nevera vas as taken before said justice in 1 pursuance of the command of said warrant for trial or examination either before or after his hia being at the police station we learn jcarl from the testimony of his mother that two policemen mr tIr and mr burt birt bi rt brought him nto into her house stating that they had bad arrested him for stealing 55 andrew denied stealing the 35 55 but admitted that lie he had stolen 11 and had bought a coat hat and pants with it the policemen took him away and kept him until next day when he is again seen by his mother passing her house I 1 in custody of john sharp a policeman she says sharp sarp called her to come to his house she went down v when hen she again asked andrew it if he it e had taken the money lie he admitted be had taken 11 lie ile signified by signs he had sa 7 over the mountain which he had got from teamsters which he had put in a niana marts hands who he described as having a mustache and whiskers mr sharpe sent for a policeman to take him oer ON er the mountain to get the money said to use the language of the wi witness ire he was going to send him over the mountain to find all the mone money y he dould could 11 sharp claimed he had 60 hid over the mountain witness says saya they did not lot understand him for he was motioning he had 7 over the mount mountain aill which he earned barnec from teamsters there was vias one large silver dollar among the 7 and they supposed he meant a large gold piece instead of silver the boy said he was willing to go over the mountain this iva was on wednesday saturday night came home hoine the boys mother saw hun him on sur sunday day morning at bretler Br 13 roth er nich chills ch oils house tried to get away but the mother followed him and asked him if he had brought andrew ariar ew home he said he had not said he e could riot not that andrew had put off to the wagons and n lie he catch him but he be expected him in with the wagons that day brother says the mother there is a report r ea going that he stabbed you with a knife anif said it was true that the k knife ire would have gone into him if it had not lot struck the plate of his belt but that the knife broke and tell fell the mother asked where andrew pot got the knife as he did not start with one chris lanson said he had got it from the wagons gons mr sharp told the mother about two afterwards that andrew was wag dead and I 1 C M U E J t L buried that he had heard a report that chris had killed him the mother never nev er saw andrew after she left brother sharps the next neat w e hear of the prisoner prisoner and the dumb boy is is at ephriam hanks cabin be t tit een th the e moun mountains bains about twelve miles 1 i east of here her e theodore J ca kill a witness says he saw the two there together about aboul four or five weeks ago they came I 1 about dark the boy appeared to be in in the mans custody moroni hutchison gays he war worked ked for hanks and was at his house when they came it N was as about sundown bur down Chi Cili said he had come from the city cit that they w here ere going out the next lay day to get the money dummy had stolen NN witness asked dummy d ll 11 beha he duri had stolen money and he said he did not nol steal any he said that this man had brought him there to get the mono it ioney and lie he said he hal had not stolen any money but he slid said this inan was going to make him get some money and dummy left next morning witness did not see them again the ile evening following the prisoner and dummy came to the train of mr part parley cor r balled just beyond the big mountain tse joseph r says the policeman and boy bo came to the camp just as we w e corralled the hie man said that the boy had stolen some money and they had been hunting it the ile man slept by the fire and the boy slept under a w wagon agon in a wagon sheet the next morning the man said if t the h a boy did riot not f ind find the money he was going tov to whip hip him ile he said to the N wagon agon master and some of tho boys boy ajust just as they NN a ere starting out that he would whip the boy that day if be hd did rot find the money the policeman to be fretted at the boy not finding the money thought the policeman could whip the boy very y easy saw no conversation between them in the anler of occurrence the tes timoney we have ha i e is 13 that of C Bacon who says that about the middle of nov lie he was out in the kan aron on after wood passed E hanks station and stopped to eat brZak breakfast fast near the station while hue fating eating heard a noise tow ard the cabin as of some one running heard loud talking some borne one called saying come dow down here theta is 13 somebody tried to kill me up in in the kan you yon self and son went down found the boy standing at the door and thumping it m with ith a cast iron hub box weighing three or tour our P pounds ands with a rope attached Y 0 railed called from theina the anade de to tike take the boy away witness tt atness motioned to the boy and lie he laid down dow n the iron and sat eat olov dow n on the he ground by the house bouse and came out of the house arid and said the boy had stabbed him the boy showed his wounds and pointed to oy a wound would on his breast a wound on oil his leg and that on his hand no person saw these wounds inflicted consequently ae thele e is no e evidence i lence however how ever to make our summary of the matter as full as possible v a give the statement of the prisoner 11 when says ass we reached hanks shanty the boy bo said the bocy ey was up p a little kanyon kan on near the shanty in a crows nest near tile the c edge de d e of the kani kamon on that they welt up that iovine some distance di when 11 they ie came to i a birds nest as the hie boy described en here the boy said it was further up the kanyon canyon in ili a larger nest the kanyon kanyo became difficult of access he kept the boy ahead of him urn in this narrow difficult place the first he ie knew the tl e boy wheeled and struck him with ith a knife that the knife struck the clasp of E his belt arid and glanced ard cut his hip in the ie struggle le which followed dro pistol and an d succeeded in in getting the ie knife away aw ay from the boy arid and threw it it up 1 on the bank out of reach ile he then let the ie boy up and went a and d got ali his its pistol t I 1 when lie ie boy made at him ulalio with a rock when hen he ired fired at him four shots all I 1 he ie had in in his pis tol ol 01 at the time the boy then broke ane anc run ow n the kan on and out run him the boy went 4 ent to the shanty and he be w went ent in ili and order ed him out the boy I 1 oy came out and picked up p a w wagon agon box with a rope attached attached and made at sim him with with it when hera he ran n in the house and shut the door the boy and Cliris went w ent with w ith bacon to the tops of the little mountain the boy riding on bagans bacons wagon where the boy got oil off the wamon wagon and went and laid aid down behind a ah bush theodore J bawkin came up on to the mountain and says sas the boy was then lying on the sunny side of a bush bub lie he looked to be sick the prisoner told me a all 11 the cir circumstance cum stance and said the boy had three balls alls in in him said there was wasano two in in his legs begs and one in in his hia breast the boy appeared to be suffering but lie he looked around to see what was goin on there was three wagons on the mountain and several others coming comi cominus up the men there seemed to thin c the boy would not die there was three men at least beside some boys bo that were standing in g by we were there ton ten minutes no one went and examined the boys wounds they thought he could ride it appears the boy was placed on one of the ivans matr ons 0 and started down the kanyon towards the city after passing cassid to the mouth of the kanyon tay a distance of 5 or 6 miles chri sti nason and the boy are met by one mr ephram ephrain hanks flanks a rioted noted danite hanks is is in in a wagon waon or buggy he testifies that it is is a wagon other witnesses witnesses say it was a one horse buggy b u F y they and hanks tal take the off boy the wa waon wagon on and put him on hanks flanks vehicle and start off of the road to find the money hants flanks sa says by s they went about 3 or bards t nhen en he stopped hil hi team learn and I 1 and the boy got off and went to hunt for the money the he boy leading and follow following ln g up they had iten been it en gone but a few minutes when hanks hank 9 heard a halloo looked up and saw the boy bo A with ith a rock in in his hand which lie he let lly ily and knocked labock ed off the prisoners prisoner hit hat prisoner then struck at the boy with mith a knife they nvere w ere about two paces apart ap the boy seemed to be trying to get awa away the boy fell witness was about yard barda away went immediately up the boy was in as then dead dea d Chri had ins his police club in in his liand hand it was a turned stick larger at one end than the other and fastened to his us rist by a string siring thinks w hen lie he came up Chris hanson said ile he has tried to kill me again but that lie he had got the advantage of him this aime time 17 witness told him it looked bad lie ile made no reply but looked scared scaled arid and confused the boy had no w weapons eamons witness went on oil about his business and pris prisoner r went to town witness says sas there was a fr freight el train correlles correl led on oil the road load and that he passed a great number of trains as he went meni up the kanyon ian on but that he told none of them thein of what had occurred hanks came home the same evening e ening was ivas sent for arid and wont went to judge smiths office next morning judge jude smith mr clinton and doat richarb Ki chirds were tien then sworn arid and made a sta temen before them liem which was read over after this A witness vit ness dut diet richardson and clinton for the body hanks says there was a in the magon nag on when we went out the body was put in in it arid and v we e drove to the burr burn ying ing ground grou rid the erae was alre already ady a dag a and we burned it t dont know who ho made the coffin A man brought brocht it t to the wagon up on council house street thinks it was mr richardson no one at the burnal barrial but dr clinton dr richardson and witness ne S upon on the next day being examined witness says they drove droe the wagon up to there doat clinton got out oil t and examined the body arid and fixed it t up epand and did 1 not no t take the body away doat clinton covered the body up with a blanket or something and left it there the doctor asked inn if that was the body I 1 told him it was we got back to town about the middle of odthe the afternoon the motor doctor aard me to go go back with the coffin cod in the caffin NN was as brought to to my ava wagon I 1 mon on main street abo about ut 9 no next at morning near the globe restaurant 1 thinks amlo diet richardson was w as the min man who brought the coffin it had a flat topo top thinks there was it a white cloth sheeting 11 g laid 0 er the coffin after getting the body dr clinton got out at the edge of the 1 I elt cit y cuenin ham dr richardson and myself then the ii went to the burning buryin ag ground there was avas no one in in the grave yard ardic ave found a agrade grae dug arid and had shovels in in our w wagon agon g and buried the t h e body A paper being bein shown to the witness and the question put to him whether that was the paper got up lip before judge jude smith or not witness said it was the paper the paper here shown to tho the witness w purports to be an inquest held by jeter clinton as justice of the peace arid and one dr D richardson upon the body of said andrew bernard no jury is em pannel led upon the daff of ay nov em b e r 1859 mr arr ephraim ila hank ik bein being s w as a witness which paper pap r i la alldor ell endorsed dor filed in in the office of the pi probate abate clerk nov nor 15 john lynch being bein sworn said he be is is deputy clerk of the probate court arid and the foregoing paper being sho vil him said it was vas A filed m in the office three or four weeks after the date of its filing judge smith being sworn said that the die paper pacer was given him gim by dr clinton some weeks ao ago could not tell ahe the precise cise time the fie doctor came into his office and said eaid he had been derelict di relict in m his dot duty that he had held bold an and had bad ingest inquest neglected to file ale his proceeding edina in in in the matter I 1 witness re read a d th the law 1 to him and asked him if he had taken minutes of mr hanks testimony said he had but that lie ho had riot not sworn hm li I 1 told him that he be could that not legally leall 3 file paper as the witness had not been sworn sorn lie ile sent for mr hanks on 0 his arriving arriving ar rivin the dr told min him that lle he had heard his is testimony before but as he h c had neglected to swear him then be wanted to sw swear ear him bim now thinks it was avas three weeks ago ar go the dr told me that he had notes note s of 0 the testimony but that witness did not see them the paper filed in in office my was not the one prepared in office in in my but thinks it a copy the paper was handed banded to Avitt witness less by dr clinton and by witness handed to mr lynck anch with the remark that it should have ha ve been filed about tho the middle of november f jeter clinton in in his examination said that the evidence was riot not written down domi nor was mas I 1 mr air hanks sworn until he returned from burying the body the evidence was not written nor mr hanks sworn sorn until some 3 weeks after the occurrence did not send decease ds relatives word the spot where the body was found is is broken arid and rough full ot of hollows and ravines mr mi darwin richardson says he was called upon by dr clinton went vent with him out to the body bod dr clinton said tint that it was not necessary to examine examine the body minutely there were w ere two or th three ree shots in in his clothing after seeing him we e concluded to leave him have a coffin made and inter him li as soon as possible in a day or two we obtained a coffin put him ill in it arid and took him to the grave yard and buried him mr mcallister hanks and myself went to the grave yard lard thinks mcallister and others put the coffin coffill into tho the w wagon agon drove e down dow a to hanks flanks and lie he got in in at his house after going out to the body did not examine examine the wounds for we were satisfied how he came to his death tile the wound in in the neck was a considerable one it seemed to bea be a gash gah severing severing the brachia Tr achia and corning coming out on the other side it it was a complete throat cut thinks the |
