Show THE MURDER CASE wAn WAITER hElt WALL AND q 0 ON N TRIAL AT OGDEN hiden the statements of ike staunton Sta Stat onton inton bob swift wm win wall and E B coleman special to th tha a express wo give below the testimony of the principal witnesses that have testified in the murder case now pending pon ding in ogden oden IKE UNTON I 1 have hate known dave milton about the middle of last february he came to the black mith shop to see bee us ua about going up on the dyer mountain to do assessment asa rement work first met coleman to know him at Pree celb ranch may 3 went to we see him about some mining property on dyer hill I 1 next saw him up on dry fork lull hill on monday may 4 my brother dave milton and I 1 were going to a mine that davo milton had discovered last tall fall I 1 only know knew ft hat bat coleman was there for by what 1 hoard board he said he was going to a m mino when we came up coleman a and n swift gift came out of thir camp and look lbook hands with the boys I 1 hey lad had left vernal on sunday morning find and wo e left about sunday noon and camped campea about ij miles west of them on monday coining we catrie came to their camp and camped campea about 30 20 or 40 yards bards from their camp dave and my had bad a little talk with coleman and swift about going to the mines and it was agreed that coleman was to 0 give us ug if we would not go to the 10 mine for ten das dabs and they to 0 stay away also swift tand and coleman started off to g get t their horses and coleman started I 1 asked him are you off I 1 and he be said yes I 1 am off to the wars vi ars again 11 he e said he be would be back again in fit 3 days ays dick left about an hour after coleman boleman did and re returned turnA on wednesday about noon or a little after I 1 had a conversation with my brother wo I 1 e went out on the hill to see if coleman was coming and who was with him we sat up quite late I 1 oleat opt with swift sift I 1 got up about halt past last throe three mr swift waked me up and me ho he felt uneasy and as I 1 was a good scout I 1 had bad better got get up and look around I 1 got up saoko to my brother and milton in kneir tent went up tip on tle the hill and looked aiom around and then wont went back to camp and built a fire the blaze leaped up tip about 6 or six t ix foot I 1 was sitting by tho the fire whoa when I 1 observed horsemen coming down own toward the camp as hard as horses could come I 1 knew mutt matt warnar when I 1 saw him on the streets had known mown him 6 5 or 6 months did riot not know wall siaw saw first two bor horseman bordeman seman then ion looked and saw another learned afterward that the two I 1 saw first was warnor warner and wull wall wall had his rifle in his left hand pointed at our oar camp and his revolver in his right hand warner Warne rhad had his gun in his hands hande pointed toward our camp and came on a clean pimp jump and when hen they came near they let out a soil of indian war whoop I 1 said boys they tire are charging us and my gun up and told them to halt next hoard heard a BUO from the amt from froin tho the one who was ahead then saw milton start to 0 get up I 1 started for tho the timber ana as I 1 ran 3 or 4 shots were farod at me I 1 turned and fired at warnor warner ran lan north or northeast they were 40 or 60 yarda away when I 1 alist saw them hero iran I 1 ran about 30 arda ards when wheal 1 first saw warner ho he on his bis horse home and when I 1 next saw him he was off and running for a atiee we both reached trees about the same time throe three or four bhole had bad been feied at me and I 1 turned and commenced shooting shoot ing at mutt matt wainer dont remember how many shots I 1 fired warner had bad a repeater and I 1 had a single shot rifle dont know how fast I 1 shot but was doing the best I 1 auld c uld dave hallowed ike im done for I 1 said where here is ia dick there was no answer to this warner caught me first through tho the leg than I 1 knew that it was fighting for life then he ahot me just along the cheek the next shot split tho the bridge of my nose nohe and that done me up swift ilien hen came caine out and said for gods sake stop wt weve ve had enough warner said you yon son eon of a b li who meyon pie you swift said im bob swift warner said hold bold up your hands bands swift said they are up warner then told him to come out and had bad him tear down own the tent then swift came and took my gun gua awry away and afterward brought me some liquor aud and put me on a uia tresa and told me tho the boys were both down dave said to warner what have I 1 done that you servene serva me this way then I 1 heard of going for the doctor swift went for his hors borsi and matt warner carried we me to the fire and covered me up wall and swift left for vernal for beds and wagons to bring us down while they were gone coloman coleman ns as though we had no bustness business to have guns with us warner said if he had known it was us it would never have happened N lien hen warner firby rode up to camp he yelled down down you sons of b B s take your medicine 11 just about the time h me swift came olit oat of his hia tent teat coleman told warner that swift was of their party when I 1 leveled my gun gua at them and told them to halt I 1 know knew I 1 was in danger worner warner spent of his hia time waiting on tho the other boys as they were hurt worse than I 1 about 4 or 5 some one came from vernal and we were taken down reaching vernal about 3 in the morning the last time I 1 saw my brother ho he was alive it was just before the operation was waa performed ROBERT D SWIFT my name is robert david swift I 1 am acquainted with Cole coleman mari and J W V burton barton witness then gives given the details of his and Cole Co lemana manlo movements up to the shooting on dry fork we left Pree ces place about 8 or 9 sunday morning and went to the ho scene of the shooting got there about an hour by sun eun at several elveral places we rode out of our road over the he rocks to throw them milton and the staunton boys off our trail next nest u Lu orning dulst after daylight I 1 saw milton hilton and the tons I 1 was out after tho the horses and saw them on the nil hill about halt half a mile away coming mick back to camp saw human trucks tracks at AA breakfast told coleman what I 1 saw while out after breakfast we walked out about 60 0 yards from camp and milton and dick staunton ditl in ing down in the brush with their guns over their knoes knees they came out oat and milton hilton said you cant hire me ine now I 1 ain going to have my sharo share of the mine ive offered you fair and add now follow you wherever aoa ou go tons remained away from the camp milton was arrogant and bulldozing ho he baid be could tako take us and hold bold us for or a ransom iho 1110 morning I 1 left Mil tons toas cabin on taylor mountain milton asked tons it if they had seen his signal and they answered that they thought lie he was working it up upon on dry fork mountain the morning they came in I 1 had a talk with milton and offered him 00 if tie lio would cleaye us alone milton wanted 1000 1 I told coleman and we offered to give him our note for M it if he would sign an aik agreement to leave us alone for 10 days he said he would take nothing but cash and would sign no paper coleman finally agreed to go to vernal to get the money milton insisted on my staying there dick followed in about an hour milton told him to go to vernal to watch coleman milton was waa the leader told them what to do and they did it dick returned wednesday afternoon they kept hopt watch one on the hill till all tho the time ike and 1 went to bed in my tent about 11 in the morning dick called him and I 1 waked aked Y hina him and told him hed better got up and look around the trees hod bed not leafed out yet iko ike had bad a 45 sharps rifle milton a as 70 and dick a 40 70 heard ike suid said here they come to take us 11 then wall said for christ take hake dont shoot 11 milton came to tho the mouth of the tent and ran back D ck came and and poi cited over th the 0 tent then he jailed the gun down and went into the tent lent the first shot wag wa from the tent after that could not say as aa the shooting was general saw U arner S horse plunge to one side aide and run up the draw warner and wall did rot have their guns guno in ia their hands as they came camoin inta tj camp dick staunton was in frost front of the tent when ho he was shot was 60 to 80 yards back during daring the shooting which lasted for a minute or minute and a halt half saw dick staunton fire anre two shots galled called them to stop shooting and j warner said who the hell are you youl and ordered me to come out with my hands up and you bet I 1 did warner told me to open the tent andi and get their guns gans then warner came down and said saia milton what do you want bo open fire on mo for I 1 never done you any harm IQ d m you you cant fight or you would have killed us wall and myself then went for the doctor the night before the shooting milton said eaid it if warner wamer comes up here we will show no quarter either he or I 1 will die the death of a rag doll WM WALL warner and I 1 came down from goslin mountain on saturday night may 2 intended to return again the first of the meek aek hail had been prospecting with matt up in that country matt had brought some ore down with him had find nothing to do with making the bargain with coleman but matt told me of it and abd asked me to go along and gave me 50 of the money we were to go with him and help move camp to goblin mountain then hen if milton and ald staunton brothers troubled him no further to go with him to baldy to make his locations and take cure are of them until he lad had them located and recorded we did not expect serious trouble thought milton was running a bluff un on coloman Col maa we received and were to got more when the location was made and secured we left vernal about sundown on may 6 had a good deal of trouble with the pack had to stop and build a fire once to see to fix it we got lost up on the mountain and wandered around in the parks and timber and finally when the pack turned again we concluded to leave it and hunt camp first we wont went out ont along the ridge and matt said there is the camp now no v 11 I 1 said so lets go down and have breakfast bieak fast 11 we turned and rode down tho the park I 1 L on a trot and matt on the lope I 1 wai wag in the load coleman was 60 50 or 60 3 burds surds ards behind when wo we got down to the tents As aa 1 rode up 1 heard sr sc me ono one say something but could not hoar hear what next milton called tind and leveled his gun at me dick had his aimed at mafut just then 1 threw myself off my horse on the right and as 1 did so a bullet passed my head 1 grasped my rifle as 1 went off the horse and as 1 was getting up fixed my first shot 1 I Q e did not ride in with guns in our hands mine was in loops on the side of my saddle and matvs was wad in a scabbard I 1 fired another shot with my rifle then throw threw it down and used my six shooter As I 1 worked ray my way toward the tree 1 saw milton at the back of tho the tent shooting out ahr there and 1 fired in that direction by the time 1 reached the tree shooting stopped milton said 1 I 1 quit 11 then bob swift rose up and said dont or somo something thing like that and matt told him to come out with his hands up matt blatt then lad had him tear down the tent and secure their gnus and then wo we all went to helping them 1 heard milton say that lie he did not blamo blame us hut but did blame coleman Colein nn and said if we e would five him a revolver he would scrap it out with him there I 1 then went for a doctor and asked marcellus pope to go up with a wagon and beds to bring them down dowd I 1 paid henry hall of dry F fork ork 10 too to go 90 up with his bia wagon to bring thew down I 1 came down with them and made no to arrest continued next week |