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Show District Court Hears Evidence In Malan Murder Defendants Bound Over To Sheriff Trince; Trial Set For January With So, 000 Bail Allowed Charles Bosshardt and George O. Schafer were arraingod Wednesday Wednes-day before Will L. Hoyt. judge of the Fifth Judicial district, for the preliminary hearing in the district court on the charge of killing Spencer Malan. Enterprise rancher in March of 1935. After hearing the testimony Judge Hoyt bound them over to Sheriff Antone B. Prince to be held for trial in the coming session ses-sion of the court in next January. The hearing of the case in the Justice's Court before Harold Snow was held last Saturday. In charging Bosshardt with the murder of Malan and Schafer with assisting in hiding the body, (both defendents have signed confessions), confes-sions), Attorney Orval Hafen called call-ed Sheriff Prince and Deputy Sheriff T. George Hunt, of Enterprise to the witness stand to tell how they secured the confession and to describe the finding find-ing of the body in the abandoned well where the defendants confessed con-fessed they threw it. Indicating that the state will attempt to prove murder in the (Continued on page fivel Malan Murder (Continued from first page) first degree. Theodore Moody, 71 : year old Enterprise resident was j called on to testify that he heard ! Schaefer declare that "I will kill that man", (meaning Malan 1. "He'll never bother you again", was brought out by Deputy Hunt in telling how only a few hours previous at a dance in Enterprise he and Bosshardt had agreed to take Malan home because he was I assertedly drunk and causing trou-1 ble. In telling about this on the I stand Mr. Hunt said, "Malan was ! drunk and causing trouble, I took Schafer aside and told him that he had better take Malan out of j town before I locked him up. j I "Schafer promised to take him j i away and said. 'He'll never bother , you again'. Sheriff Prince described the ! finding of the body at the bottom ! of the well when he and others S braved the dangers of the caving l i walls to bring the body to the . surface. Also of the second trip i ' to the well and the subsequent securing of Malan's head. He testified that the top of i the head was badly crushed, bear-I bear-I ing out the testimony of the de-: de-: fendants that Bosshardt had j struck him over the head with j 1 an iron pipe. j An attempt to secure a separate trial for Schafer was made by j I his attorney, Norval E. Callister," of Salt Lake City, but was denied by Judge Hoyt. Bosshardt is be- ing represented by W. M. Burton and Frank Armstrong of Salt ,Lake while District Attorney E. ;J. Pickett, assisted by County At- torney Orval Hafen, will prose-i prose-i cute the case. j Judge Hoyt denied the appeal of the defendants' attorneys to have i them both held in the Washington county jail. Schafer is being held in the Iron county jail at Parowan, Paro-wan, while Bosshardt is here. Bail was set at $5,000 for each of the men. It is thought by Mr. Pickett ; that the case will be opened on January 17, 1938. |