Show ON TRIAL FOR MURDER savage and miller the alleged slayers of cleve garter being tried at pioche defendants give their own version of the on the witness stand and are defended by able counsel from salt lake I 1 City Large number of witnesses are examined pioche record the trial of willani savage and michael J miller charged with the murder of J clev eland carter on alio afternoon of starch ath list occupied the attention of alie district court judge george S brown presiding a greater portion of alie week the case was called morning and it took until alie following day to the aur after neaily exhausting a venilie of seventy five the introduction of evidence legin leg in wednesday afternoon and was not concluded until last evening attorneys for both bides submitted their arguments today and at this writing 2 is every indication eliat the case will not go to the jury until after the supper leour district attorney J M breeza occupied almost the entire forenoon in his address to the aury at 1 aliis afternoon judge M M warnar began telling alie twelve men in the UOK why his clients should lc acquitted lie was followed by lna associate counsel charier lee horsey and r R me damco will loc lo c for the state alien comes alie instructions of the court to alie jury hence it is vars vcrs probable that alie latter will not begin deliberating on a verdict until ell along in the evening the killing of alio was foreman at alie boston pioche created widespread wide spread interest and arrous cd much indignation at the time and had it not been for the timely arrival on alie scene of C P fitzgerald alio arrest and the prompt landing of the prisoners in il is possible that and s of the deceased might am c endeavored to defeat the enda of bo w rought up were alicy circumstances connected w ith alio affair gave alio suspicion that the camo had been committed in cold blood that alic defend aching for revenge because jhc thc had been discharged from alie employ of alio boston ciocho company planned the shooting and alie program into execution the fact tint an attempt biad been made to cripple alie by alio blowing up of alio station on the 00 ft level the exposed belief of carter that savage was responsible for it all tended to implicate savage and miller and brand them as persons wholly unfit to reside in any civilia cd community lit alie trial alie prosecution made attempt to fasten the responsibility for alie destruction of property upon of the defend ints but every effort was put forth to prove to the juo that alio accused men biad entertained a grudge against carter that i plot was made to kill carter eliat sillier was the real in of alie crime but unlike sava lacked the narvo to perform the act of murder alie defense admitted ali it savage fired the fahl cliot but eliat he did of hief own life tint L sn S n ages return to alic mine from which lie hid been was justified on the ground eliat ho had a right to go for alic clothing ho biad left in the hunk house the arst witness waa aup pembroke of alic inanc where carter was employed earl II 11 pembroke general manager of the boston and pioche mine was the fint witness by the mr pembroke testified that lie was march and his been ever since a of Pio clie A mip of the agg at alie boston and mine was produced sh otting alie location of different points of interest in alie tal and was pronounced pronoun cd by him as nearly correct as could he drawn mr pembroke eliat ho was acquainted with carter but knew of the killing except blut lie had aicard as lio WAS out of town at alic time alum horn at the boston fe pioche mine was the next witness who testified attorney where do you reside A in Q how long hac you lived in ciocho A arc mont lis Q ahat is our occupation A blacksmith at the boston pioche mine Q didou k now J cleveland carter A yea sir Q do ou know the defendants and miller A yes sir Q where sou on march 4 1909 A at the boiton pioche mine Q did yo w tin on march 4 1909 A yes sir Q where didou ice i ce them A I 1 saw them coming up the trul from Pio clie Q did bee of imo a A 1 I saw one Q did ou see of alie de fend ints schoot A 1 I saw sa age Q did ou see alic first or bac ond foliot A 1 I bieard alic first cliot and saw file alic cliot Q did ou cicro any words A 1 I heard carter im shot Q did ou bec be c alie A 1 I aiu one aund ehla right bile alo one in the shoulder Q where was carter when the fired A in alio blacksmith blimp Q did carter leave the blacksmith A so sir Q you av ou saw savage file the second cliot A yes sir Q did you any loud w A 1 I heard loud talking lut could not distinguish objected to by defendant i overruled Q did sou here carter say 1113 tiling A carter said im hot send for a doctor Q arc you baill working for ahn pioche company A yes sir atty warnar how for ig it from alic forgo to the door A tatcho feet Q whit were you working at when the shots were fired A I 1 was making a fora car Q there wag considerable noise w as there not A the bladt when working makes acome noibe Q did ou here any loud talk A yes acir but owing to tho noise made by alie blast I 1 could not understand what was said Q was there much difference between the time ou heard alio and the shot A acry little Q about liow much time A about a I 1 should judge Q what did carter do after the cliot was fired A lie backed tin door Q winch side to ou was carter standing A tho left side Q did carter close alic door A yes sir Q in closing the door did he lio ins foot or his hind A he ins foot not ins hind Q you heard two shots but only siw savage fire one A yes sir two shots close together Q after the first shot what did baiter do A he backed in i stooping position behind alic door witness here illustrated alie opening and cloning of alic door Q did you licar any words ie tween alie blots A no sir Q did i ou biear of any trouble previous to alie firing of alie first shot A no sir in alie cross examination by attorney warnar which was brief no new facts were brought out henry pickett a carpenter employed at the beaton L pioche followed horn on tho witness stand ho stated tint lie hid been employed at alio boston A pioche the da of ladt january tint was ho at alic mine at alio timo of the tragedy and saw singe firo alio second shot ho was personally acquainted the defendants alio w then w ent on to ex iliin eliat lie biad seen savage and miller coming towards tho mine from on alic fatal morning they followed alio trail lit baid until they were opposite tho blacksmith fehon but I 1 pud no attention to them until I 1 heard alic report of a pistol cliot I 1 then turned around and baw fire alio second anno miller was standing near the door but as soon as alic in st shot waa arad started bick on alio trail towards ciocho and beckoned S avage tu follow hull alie witness stated eliat lie saw tho gun in gei hind after the shooting and aliat lie took to lc a lov of cartridges in alio other liand did baago bay anything was asked by Atto incy 1 I heard him SAV alio wa to do it answered the wit pickett then stated eliat lie carter oliero ho was hurt and eliat alio latter him alio wounds eliat lie told hint eliat the wound in w side was alic result af pf alic firby liot alio litno stated that alie about a minute continued on fifth i on trial for murder continued from first page ind a half after the arm il of md miller in the examination by attorney warner testified that he heard no loud talking that ho did not go immediately to carters savaged gun john dredsel Dreb sel who atas working on the ore bin at alio boston A pio the einmo on the day of alio shooting testified that he heard two shots and saw savage standing within twenty feet of alio door of alic blacksmith shop in tho cross atlon the witness stated that after alie laba shot was fired milar and saaga took to the trail and went back towards town lillei was ahead of savage and the latter kept looking back from time to tune as he went along dr W W Stock liam was next put on the stand and testified that ho was summoned to the boston A pioche mine to give medical atten tion to carter on march 4 upon examination he found that carter had two bullet wounds one in the right side of the abdomen the other in alic right shoulder tho doctor said that tho patient was removed to hia hospital and attended him until his death 1115 the forenoon of march 7 dr Stock liam attributed tho cause of the death of carter to acute peritonitis as a result of alic gun shot wounds A bullet was then exhibited which lie recognized ag being alic one ho had extracted from carters body after alie death C P fitzgerald who arrested alie prisoners told of ha ing been called to alio boston mine on alic daiy diy of alie tragedy on alie report that a man had been killed there iio proceeded up meadow valley and met the defendants just above the culvers ell bai n ho did pot know at time ali it they were for tho shooting but alicy looked guilty to liim and he placed them under airest aiu searched tho men and found a gun on S iv ago and on taking possession of it alic latter remarked that did the business busin had to do it had to do it the testified that the gun contained three empt shells and no loaded ones this occur cd he said about 2 30 in the afternoon he found no file arms on miller examination by attorney fitgerald stitch tint savage and miller did not attempt to arrest and thit aliey had iwan good bince their wn in the county jail J A dark followed fitzgerald on the stand and that alic dc were in ins place of business on barcli ath eliat they purchased drinks there and that asked for a gun which lie and left him in february mr dark washl iown arun and testified that it was alie ono which lie biad cd to caage Atto nicy warner wanted to know if savage which alie witness replied that ho did not that alie weapon biad loft with him that alu latter callej for it it w is savages gun jolin mating son at alie boston it that he saw alio in the store of tho hodges cook mercantile company on the day of the tragedy and they acro to pu ichaso sonic cart there that alicy were told the store contained none in stock that would fit the gun but possibly they might get what alicy wanted at store alio witness eliat sillier did the talking lie baid sillier mado ho statement thit he and savage were goin out on i prospecting trip robert mccleary cary w ho w is employed at alic bobson L pioche on march 4 stitch thit he had a conversation with miller on eliat day and that milici had told him whit baiter hid said to him in the bunk house miller then declared tint he was going to ak carter to explain wh lie and 8 ivine had been discharged and if cleve wanted to fight we are ready for him and if he more we are ivady for him the witness testified that when miller made tins statement he albo exhibited a gun attorney wirner brou glit in the cross elimination that attorney horsey for alic had sent for linn to come to town eliat he had been employed out of town since the thit lie did not feel it convenient to grant mr he denied that lie had looked up the attorneys for alie II 11 my era an asniv cr when sworn stated that lie biad had a corn creation with miller regarding the from alie employ of the boston ciocho and thit miller told him that lie was going to demand an as to why ho and his partner were di alie witness said thit the exhibited a gun and it wis remarked they would use it to keep off the crowd savage the witness went on had nothing to bay miller appeared to do all alie the latter declaring eliat he could whip carter in a fist fight or a rough and tumble witness mccleary cary was recalled b attorney warnar tor alie defense and asked it he heird alio lingua go bcd b carter to he replied in alie affirmative eliat much of it was of an obscene character gave 25 in winch to the premises this closed alio evidence for wednesdays nes days session and in adjournment wis taken until thursday morning upon the convening of court thursday morning the defense asked for the recall of witness mccluir cir but nothing new was brought out except lie macint to imply to the jury by his previous pi evious eliat miller biad emde no against anyone J F county assessor was called to alie and the incident on april 17 of finding i box of cartridges near the trail ix tw can ciocho and the boston mine containing 47 shells this testimony was induced by alic prosecution for the purpose of weaving alie thread a little closer around the accused men it wis strenuously objected tu by the counsel for alic defence but alio court ruled eliat it was after alic statement of attorney that the prosecution probe cution would put w on the stand to prove thit the cartridges of alic calibre found by alie witness were ald to the i eliat the taken from the would be accounted for etc was done by fitgerald ind prank I 1 on mr Thoin pon in hla stated eliat lie had bold a axx of 38 calibre to alio defend ho v cited hia pi ice of about 12 30 rl on of shooting ho fraid took a pistol from ins pocket ind tried alio cartridges tn sec if they would fit miller however paid for alic goods and mule remark that were going out into alic lulls to get cm clift witness stated eliat lie did not know ali it w aa meant bj that but it to I 1 arouse hib suspicions tint alie men had borne ct he had no idea that they ft bic going to c uise aay tro ulIc at the boston A mr thompson ilso identified the of cartridges produced by witness boeder alie conclusion of alie testimony of thompson prosecuting attorney J M announced that the rested whereupon attorney warnar informed alie court that lie desind de to offer 1 motion at the tune 0 o interpose a motion in behalf of ono of the defendants with this the court ordered the jury excluded rom the room counsel jwied tint the court instruct the jury to bung in a verdict of not guilty in behalf of sillier who lie declared had no connection with ho crime but just happened to ye along with bavage when alie unfortunate affair occur cd counsel wirner read of several kotlier cases which he declared were similar to iphis one attorney contended eliat the evidence introduced was in his judgement jud gement sufficient to arme at the that sillier was tho real instigator of the crime but tho narvo of to carry it into execution lie called attention to tho testimony of several witnesses and declared that miller was in possession of the gun when last in a short while prior to the enactment of the tragedy judge brown the motion of the for alie that the defendants seemed to have had a common design that thero was evidence of preparation in savage and miller placed a part particularly in reference to paving for the cartridges ho spoke of other evidence of millers which made it to him that miller not escape trial with tins alie jury was recalled and a reccea taken until 1 30 william savage alio defendant was but on alie stand to in hia own behalf al the opening of court thursday afternoon and lie made a ery good witness lie told a forward atory which undoubtedly had its effect on the jury and in alie cross examination b attorney breeze he said that what he had told his own attorney savage worked on alie night shift march 3 going off duty at 2 alie following morning he stated that after quitting work ho went to the bunk changed his underclothing and went to bed during the forenoon lie declared carter came to iho bunk house and while lie was asleep grabbed hurt by alie throat dragged lam out onto alie floor and using vile language told anni lie had blown up alie mine and to get off the premises within the next thirty fhe minutes carter he claims also gave him his time glicck lie then ocr to town and in the of time met miller but testified that lie never told the latter eliat any trouble biad ensued between himself and carter he then told alie same brought out in the examination of other to the obtaining alio gun from darks saloon cook store and the of tho at the thompson store he bloke of what iio claimed toji ac been an error in ins time check and the |