| Show ROY R KAMI CASE A GOES OVER VER L LI I I Youthful Slayer of Willard S Secures an nn au Important Con Not be Tried Until Case Caso Is 15 Out of the Way Woy Tito Tho Th trial tn ot ot ol Merrill i t M t 1 br bIg with iho he e murder of bf b 1 H HIa layns Ia on say Nov No SG G 1901 1001 In Ui tho Iho lobby lobb i Pf Pr tho t hotel hold has hils been bean con cone continued Indefinitely ly The Tha continuance Will was grunted gr bY liy Stewart Sto upon ut I subscribed aub h y tho and intuited Ie nl liy 11 1 King at ot counsel for COI defense showing h that Col Cot ColM ColM M n n very VOI Important wit for fop IB 18 nl s nt froin tro ru l tho thc mill unable to 10 Hi L lre r ec H and that hl could OM hI not bo secured d in JI for tho ho trial to la trotted II Tha Tho Motion for Cur continuance wn ft n surprise to every very ono one con coil l tM with 10 caMe except defend defendants eM outs ants the oven Oell be being U ing tru by tho prisoner aft f tile bis f III In tho ho court room District Attorney Att protected vigorously OKI tho nud tinned ll tho Ii t nut not used title duo dill Boned In their efforts to secure the bin o or of th thu witness onU shot lint hiM IH il If no its II not tot out olt In tho thio o IW I would W b 11 inadmissible Tho rho cage eBe will wi nut flit ht l be ip tip lP 1 nAhn 1 until after attel o u Which W In he l eel ct el for or May 6 and thore U Is u I Might tHi tug it that tul It will 1 go jo 0 over cler tiit hut I the tho tall fall tiIU of at Owing to t tho toot fact that Ihal the tho court In la writ well fillet filled other ith r criminal matters U It I will wi ha he Impossible to get the vre brO OI and im alt that trial wil last ti II month Unit thin t would bring brine tito tho tU t tip tut In I a I tie tic middle iii Idd lv of ur the tho lH hod 11 during the regular r summer vilon lion tion 11 nil hence It I In le l that the thu c will wi go n until fall There woe A it light In ho thin coutt COUlt thin thle when tho the rose CAve wail called c there thier b 1111 ing not over l lIft I lv of ot attorneys and Jur JJr Jurri UtH ri Prawn t Mrs Atra the of ut the tha 1111 WIN the Ihl parson puron Interested In the mutter matter to 10 ap appear pear hoar Aho In III II company with l Huffman one DIll of ot the III defendants at nt attorneys lt entered thu courtroom c u a 1 tow fow minutes 8 before he fore 10 and end occupied a sent scat Inside tho tIm where wh to she he woe Joined Inter loter by Ii h the Ihn prisoner Just Juet three minutes before h OtO 10 to orole the Ih defendant accompanied by hy hl mis father Col oI M At M n 1 1 and ant Deputy t Cummings entered llerO the tho young otter oter a tar greeting ono on of at tile Ills noy to where Mm Mr sae mid greeted 11 hor Mr and gnu occupied a n h her r hlll ru ho daring dring tho 1 Ills M R I 1 woe wan also present mid took to part In the Ihl con Mn between the tho and liln hil attorneys tonce In II to 10 tho the which W woe was tho the of ot iho thu continuance Soon Hoon titter after Judge King iCing arrived d he hI called CI I elt Hoy floy Joy bin Iii hl nI fattier father r and 1 Ind thor they the were acre busily engaged ll for tOl into 1111 utes In Jn rending the after which they stepped teppo to 10 the Ilia clerks deck where tuy II thc tho same earne toY was wac tho last hut of ot at nt attorneys to an arrive Wo Tm CASI Upon the court being heinl convened Judge JUllIo Stewart Wi t that the tiie first case caio on olf tho calendar in is 1 tho the or of Utah vs ye Merrill M mid ond Morrl If It the tho attorneys were for trial til I Judge King ng on behalf of ot the tho defense then th n cold cald If I your y honor wo we an on to lu tile In II thin After the wn 10 marked flied filed O fl by the Clork Judge King III handed n a copy COlY to District Attorney and ami then rend tl the tho which U is I as ni follows follow of ot utah vs ye 8 Merrill MOrl M State of or Utah luau County iiI ht ot nf of l tAko I s Merrill M MI being boll sworn lorn noon uvon oath 11 ny lh I he Is 18 the defendant In tho the above entitled cau o Unit tutu nc nl lIes has l leon Im un Imprisoned 11 of oC the tho In II the county Jail Jol th the d county of ot Salt Snit Lake since aim iy of or November 1901 that thai on 01 the Ihl Uth des day 8 of or o January 1902 th the above en entitled entitled titled calico woe vos wal sot lot for trial In Mid court for tot tho the Uth day clay of ot February 1003 1 that n in a Ml was WI by 1 his hl father M M l on al or about tho thu th let 1st day cay of or January 1902 1901 that Col Cot Colf Jt lt f r UA wa a nUll anti Important witness In 11 his behalf and that said eald would be at nt atthe tho the trial to testify In cubit entice us as 18 a 0 witness In of ot the tue defendant whenever said ease case was wal called rn I ll for tor trial That rail resides in II III Lake City Cly Utah that mime Imme Immediately 1110 after sold case cuse was Set sl for tor 1 loll I trial ns as 0 Is Informed nail be and tOtI therefore there tore alleges his noun conn set pel 11 for Cor the tho put purpose pose of ot told Raid 1 for Cor said trial matte nn to ascertain lilA his i Il anti and ont ai tU is and aid a alleges they learned that saId raid 1 WON was WI out of ot the tho ther Ihor r state and hod had left time tho state Immediate Immediately ly I 3 before sold said soll case tt 18 get st let for tor trial That l lt neither fluent nor his hia hl counsel was os able to Und find said Hhaughnessy but butI I the Information which they upon uon pon making In diligent investigation Instigation to Is where whom he tie Il was vai WI am when ho hoI II I would return was WM to the effect hint 1 tie lie 10 would return to the of ot Utah before th of ot February I t 1302 further oleg that lio ho linn bee hOI not flat nl born been alite to ascertain where suM Is I but lut but he nv Of ovee that said 81 19 10 t within time the State Slot of toh From l r rInt Int itt In tIme the recently received wIthin the past pt week I I Jl te that d said aId ld U Is I nith cr ci In n the city lIY of New York ork or In the tho city it of Washington D I r t u nod ond further I alleges that since said row OR net for tor trial U it 1 line has hOI ben been Impossible for Cor him to procure thin the Ihl deposition of oC said i iI nesy nessy further alleges that be tie I tore said ease case 1 Be wa s set Ret t tom for no flu il wan WI Informed that said would be In II thin HIP Il state nt ot the hum for wild sold trial which anti had hll no ho Information lea led him to believe lint auld Shaugh neBS would b bl be absent fm ft home lione when L 88 said Id case wa its w called nl t for tor trial further allege that wild ull Shaughn 1 Is II a material tine MO and ant Important witness In Jn his tim upon sola Il ul trial anti and M ni jt afloat Is II Informed and amid believes beleve and therefore ther Ore alleges sonic of ot tho time farts factS the know lodge Of f said sahl Shaugh h nessy neasy ate are not n t within time the knowledge of ot otther 1 other ther parties and ho e cannot r provo prove tho the coins by any aim other perron save cave said Is informed and I beliefs bellei and therefore alleges II that It If said Bald were werl present II t he h would testify tint he was WaR in the Knuts Knutsford ford lord hotel In Salt Lake City Ill Utah on the d y of Jt November Novem r 1801 within n It few Cew minutes s after utter It Is l alleged Willard P S Haynes 9 was shot eliot that said paid Shaugh had hIld a n conversation with said MId In which the latter stated to said raid substantially as os tot fol follows lows lowe 1 wish you would woul l go at nt once and SM coo S Col Kaighn meaning thereby th roby the fath father er em of afloat affiant 1 I want to see mee le him at nt once Tell him tb Ib come coins and see sec me mo Im Ira Immediately mediately further alleges upon and belief that said d nessy Immediately thereafter th reatter with caid eald Col tI II message re received rea calved from frona said ld Upon tutor l rind belief affiant further al at legus that It if said wore present ho lie would testify that nlaly after utter said alleged shooting while sold B 8 wan Wall sit nit nitting ting In n a ft In iii tho the I Knutsford hotel saUl salil stated slated In and ef Of effect t foot COOl that thai ho lie could ennui not stand It II much longer anti and wa WI done fur for and that the Iho boy Joy moaning wits II not Hot to blame bionic that he ito got ot just what lip ho h deserved dates that SInCe tinee time the said Mild ld case was wac s set t for tor trial h I lie juts luit used every means within his hi to 10 tho the of ot wild said Hr but without avail Ivall That li ii was hut of ot ald Said court on out the tho day of February for Cor Mild v ver very ry effort has ban b on u fiR A hiss hlA been 1 to servo nerve subpoena un tin cold y but as ILS stated state l said IH is not within the lie state of ot Utah luau That lIlot i tint Haiti as CI uta Brunt Is Informed and tins has I luau hn n traveling III In this east at ul various it l wan Impossible for tor to tl jiro Itro cure tile his or ur a ascertain c his bin where re ghouls flint IK is Informed that vald 1111 lute bus been In 10 Inthe tile the east on out account of It tho tue Ill III hess hOIl ot of IU Illi wilt awl arid will not itch return to 10 thiS Iho Hiatt of tut Carti fur for noine corns time line Clan llon mind t nl ci all l ll that IhAL said MItt 1 to I ha bock to 10 I tuh ami in to III lute 1111 homo within the thu nm six weeks lk anti and nl therefore that If It said c ceule uw l I Is until the lie next neSt tim of said mu coun lit 1111 ron coil time UI ur ot 1 said nt Ut said vald trial That n no rum rumo lo o l I Is Informed by his hll and I alleges h lie ho safely pta pro toIl iod to trial without the tho nc of uC laid lUtIlL M M tt I and amid sworn lo to me ins methis this hum Uth day of at February t 1892 I JOHN JOlIN unla County Clerk Uy 1 a U 0 I D Deputy uty 68 Volt VOH el King then UI n moved for tor ft n con can of ut tile cne upon th the grounds set et foith In lii tue tho that thul ho ii th tutu Hint time the defendant tulle entitled to n a continuance upon tipoti the showing made He lie that the testimony of rut Col eol was WU very or material nIl without going lilly any Into Inlo the th defense he iii h l that It was of vital Importance to hiu th the case cams lie 1111 thought that th lh the district admit that tho the was Willi the his only ob oh w stoic stale would raise to tn tho the IC would I he be the tue lack laclef cf ef 1111 uco on Oil Ih lie pail pIl of 0 if the th d f ni In III not either having the this witness pr S rat or ur having his deposition lint Hut list that hut hey tit hail lined u times etl every overy muilan to lu reach ranch the witness flint hut lilii fr or but that It was Willi to tf hi du do so oHI they ucro not muot lick I ug In I ii ii ii nou In iii tint t et VAINLY AI NL l District DI Attorney m cont tho the motion tot for anti and stud 11 The Tho state IN Is opposed to tn a n continuance MI tuo LIV grounds hunt tho I the time has hOIl not used u used duo tItle diligence In III the mat mot matter mather tel her that their subpoena nuts WIM on lob 7 I for Mr while the time theU U l was sot sut et Jan Tarm U a That Thill Mr hoes could certainty certainly have been lJ tm located for the tho ot or taking hU hIS deposition provided he lii would not IlOt to Utah In time limo for tor iho the trIal Thu second Is Ii i that limit thu matters alleged aliened If III tIlt tho to which Mr would testify if It b lie wert aro ro ln In competent and Immaterial tho time statement ell to have Uteri been made mOlle by hy to 10 sy would bo bus My Mu anti ami not In Iii hut nature of ot ofU n U declaration dech that the tho lor for n a Mt hOt state that statement was WaR a n dying doctor That what Is U alleged should l have told lold Col l ol to 10 tell rot COt IH is A home does i not go to the hits guilt cull or Ir innocence of at the tho defendant Jt lor r then the time of Attorney and anti andi i tainted how hol iol Col hash Imd tak taken tn en hU him east for hor her health and amid that thy hY were fire traveling mound from flout t liar to place It was Impossible to 11 catch him at any place where a Ii de tin deposition position could have own lilen We Ve that Col eol ol would is Ie e here her In tim for I Ih the ho sold Hen tor Hi Utown own end and time the III diligence Is II isI III I Intro hern as IN we have timed every very effort to lo be Le ready fur for trial In lit answer lo to the lh contention of ur the state lint hU lute would b be thus the semis sena senator tor mi contended that the or materiality of nf evidence could rould not notIe Ie ti upon by II the tho routt nourt at rut thin Ulla hut but ls is it 1 matter to 10 be he det upon the time trial surrounded by b all nil th thC C Continuing Son tutor Brown ald said Ve WI expect to connect cono t that lout statement tR with tho chain of ot avi 81 demo hi will form torah a II complete de tie lance lense tied and hence that statement will wilt materially to tn the establishment of ot the I of ot the defendant 1 Counsel for the claims that thai the statement I II I If It I not Out a dying if It Jo is J true tru I Me we e have riot not ii j j it such lu lit oUt our alit davit but It WIN was a statement Im mi after lie Iii h received time the shot he ha h td list d reanon ranCoR to 10 would fatally 11 Is ii I therefore ns imi n It n declaration It win by for Cor this the defense timid Hint If It thus the state would woul admit the us III ii set 1101 forth In lit th the Rill affi affidavit dolt davit ai am n true trul they would proceed With th trial but Jul Attorney I J IlU to do no so DIstrict DI t Attorney stated that hint he lie wish Mih wi h to have the lime c cue cao io set net at nt so au the tue It All MI the jumore both bolh on the tha regular and special n were Wt excused by bythe bythe the court until further notice It will bo ho of M to know kulow that the defendant Merrill M yesterday ar celebrated till the of or his him hi birth lie Hu wits WAS WI visited In hum the tho jail by Jn of ot lute his family sOd and received their and auth of support In bin lih troubles lie 11 was Wad then congratulated warmly by his bin fellow f By reason of 0 hi et n troths youth lIlIth the tho result of or his hi trill trial will willbo bo hi Iel watched tl by hy tho the public Jul In general |
