Show CASE THIS case according to adjournment of thursday was wab recommenced at two yesterday dr thompson was wab the first witness sworn for the prosecution he testified to attending mr kolhler Kol koi hyer byer who had received an injury on the upper part of the face the wound was a confused contused cont used and lacerated one it bad had been dressed before witness saw it he thought from the ap ance of the wound that the nose was slit the blow must have been a severe one such a wound could have beed been made with brass knuckles very severe blows were sometimes given with the naked fist he could not say that the wound was made by brass knuckles no other man could tell that without seeing the blow given cross crosb examined by mr miner the blow was on the bridge of the nose the wound appeared to be about an inch in length mr john mantle was called as a wit ness nebs for the prosecution but he simply knew know nothing at all about the matter at issue captain burt burr chief of police was next put on the stand by the tte prosecution the witness was asked by mr haydon whether the city police were authorized by him to carry and use brass knuckles mr miner objected to the question as being entirely irrelevant to the ease under investigation mr haydon then made one of his characteristic sp largle efforts in which he dilated on the barbarous nature of the weapon in question qi estion I 1 his comparisons being so BO outrageously farfetched far fetched as to make them appear ludicrous this will be understood when it is stated that he spoke in this connection of the veto of the civilized world against the use of copper bullets in warfare the poisoning of wells the suffocating of armies by causing them to inhale atmosphere mo sphere impregnated with poisonous gases aa what all these matters bad to do with an officer striking a person who was resisting restating blai hial in the discharge of his duty it was waa very difficult to understand der stand he further stated that his object in asking the question in dispute was that he expected a negative answer and would be glad to hear bear he be did not want it to go abroad to the world that an officer of bail salu lake city was waa authorize authorized dl under any circumstances etan ces cea to resort to the use of brass knuckles then mr hir haydon went soaring oss off aboud about this being a city pretending to be christian in no other city in the world did the police he be said ever resort to the use of brass knuckles mr miner replied stating that he wished to bee see the day when this everlasting prat prating 1119 about the moral status of bait salt lake city as compared with other cities would cease mr Philllp phillips a was charged asa as a private citizen for a violation of the law and was not on trial for malfeasance in office and that consequently whether mr was authorized or not as an officer to carry brass knuch knuckles les leb bad not the remotest connection with the case and he objected to the continual dragging in of irrelevant matter the court then bald baid sald said that when mr george B R maxwell made the affidavit against mr phillips hi be e was waa asked whether the charge was made against the accused as a private citizen or as an officer and he be chose to proceed against him the former the question asked of captain burt had therefore no bear ingon ing on the present case the court also mentioned incidentally that the justices coun loun had been frequently used by lawyers to attempt to elucidate matters entirely foreign to the cases at issue A fe few w days ago when james langley was auder examination on a charge of seta beta ting fire to the winder property mr mexwell asked a number of questions which were quite irrelevant with the object of creating an effect and the court had bad allowed it because it was right thatis should be known that there was nothing unworthy exposed by their being answered in the case referred to mr maxwell asked a witness mr kirby whether or not 1500 had been drawn by captain burl burt and paid to certain parties for doing some dirty ditty work connected with the baker affidavit mr kirby then stated that he ha knew nothing about the drawing or paying of any such money and that he himself was paid as a city detective and that no money so far as he was aware had bad ever been paid by captain burt to lackley Lai lad gley giey and that whatever money the latter had bad received edcor for detective work had been paid him by kirby himself the court mr raynous hay rby dons dous qu question cation bad nothing whatever to do with the case cabe mr haydon said he felt grieved that for the reputation of the city he waa was not permitted to bak asik the the court said sald well dont take it any more to heart than you can help it might hurt you mr john W fagan eagan was the next witness for the prosecution the first question asked him was whether ur mr phillips hadeler had ever used brass knuckles on him which was objected to by mr miner as having nothing to do with the case mr haydon said his object in asking the question was to show that mr ain phillips was in the habit of using brass knuckles the court said the question had nothing to do with the present case but had reference to another which happened several months ago and which had all been settled the circumstances of which were that mr phillips went to arrest mr fagan and that the tatter latter resisted and abused the officer and even got the best of the latter for a time but the officer finally got the best of him him the prosecution here rested their case alex the dutchman to whom kolhler said he administered good advice was the next witness he requested mr nir phillips to go with him and arrest kolhler Kol koi hyer byer who had assaulted witt witness iem lew kolhler refused to go with the officer saying no son of a b h would take him he finally however consented to go kolhler kept his right hand by his right side and witness thought he intended to do him harm as he be made a belligerent m move ove towards him mr phillips phillipa asked wit ness to go on ahead as he did not want to have any trouble he wanted to take kolhler along peaceably cross examined by the prosecution he did not see Iol lol kolhler hyer hyen have a pistol but he had his hand in a place where people generally carry a pistol mr nir william cooper was next placed on the stand he stepped into kol byers butcher shop on the night of the mr hir phillips was trying to persuade kolhler to go with him and the latter used some very bad language to mr phyllipa phillips who said to kolhler Kol koi hyer hyen you may as aa well go for you know I 1 have a right to take you kolhler made a sharp movement towards a man who was standing near by as if he meant to strike him stopped at the elephant corner and talked wit with h some men who offered to go hia hla ball bail he struggled several times to get away from mr phillips especially oear near kahns store where he struggled with mr phillips phillipa and threw throw him on one side in the beunnie scuffle phillips hit kol hyer byer afterwards bald sald where is my pistol pi atol As aa he said this a pistol fell to the ground as if it had slipped down we hig panta and was picked up by mr kirby when phil lips struck Kol koi byer y er the be latter hald haid you son of a b h I 1 you have knocked me over the head bead with a six shooter just before striking mr phillips said baid he would not stop any longer and that must go right along on the way from Kol koi hyers byers stop shop up the street the latter said wo no Q G d d n mormon son of a b h would take him and that he be would put a head ou on mr phillips besides a great deal of other bad language and threats mr phillips then made a statement which was waa in accordance with the gen orai eral era testimony given in the investigation and the defense then thlen rested their side of the case mr haydon made an argument for the prosecution in which he be again brought in the copper bullets in warfare the poisoning of wells and of the atmosphere the use of vitriol ac placing them in juxtaposition with brass brabb knuckles the latter being he batog baios said baio a barbarous weapon while the pistol and such like were weapons ol oi gentility and civilization the peace order and dignity of salt balt lake city were dilated upon at length let it not go forth to the world aa mr miner followed he reviewed the evidence at length besides showing that the prosecution had bad overshot over shot the mark in the making of the complaint and that mr phillips was not guilty of the charges contained therein with regard to the power of an officer to arrest parties patties without a warrant be read a statute phased by the legislature in january 1860 which says that an officer can arrest parties supposed to be guilty of a felony or misdemeanor with or without groces pro ces he expressed a conviction that the present case had been got up for political effect hersk he nak aak ed why it wab wan that the prosecutor of the commonwealth was not present to conduct thia this case cage and ar answered by saying that it was because he be was not wanted it was a significant cum eum comstance stance biro biao that the affidavit was waa not made by kolhler roi eol hyer byer but by george B R maxwell the complaint showed the most moat unmitigated vindictiveness it charged mr with the commission of one crime and the intent to do bot bor something bething else at the worst the offense onne onie of renae nse if any had bad been committed was merely an assault to prevent the escape of a prisoner who wab was in lawful cus cua custody tody kolhler was evidently acting under instructions lons ions in restating arrest by an officer without a warrant he insisted on stopping on the way to the city hall not net for the purpose of getting bail bali for bail bali had bad been proffered to him by several individuals before he reached mr lir kaaloa store but he wanted it to bo be known by his bis friends chist he be was under arrest without a 6 war rant and that instructions had been given that an officer attempting to make m ak arrests in this wa way should be ba shot hot down like a dois dogs dog congressional legislation wass was wab wanted by certain parties who thought a collision would probably hasten it along effect was wante dand hence the present proceedings and the cause which led to them with regard to the carrying of braes brass knuckles by policemen he alluded to their being carried ju n other cities and the almost universal ap pp emans billy it a still more deadly and barbarous weapon at the conclusion of mr argument mr haydon repeated about the copper bullets the poisoning of wells and the like tha the court then asked that exhibit in open court the lida injury ury inflicted on him by mr Phillips but was not there the court said that it bad had seen mr Kol byers nose soon after the blow was given but thought it should be shown for the satisfaction of the many spectators in court who appeared to be curious carious in relation lon ion to the case the court then bummed summed up about as follows A great deal had been said about brass knuckles and something had bad been proved about them the first pair the court had ever seen was brought here by a lawyer from california stated irate J under oath that he came here with and intimated that te he was robbed when he came here he gave 15 as security for hig big appearance next day and he tle had to borrow the latter amount from some of his friends yet he ile bald baid under oath that he had bad been robbed of mr knew very well that he be did not need any body to go hib his security for the court had previously blout 1 y frequently taken his word yet with in his pock pocket e t juo jue he called on several individuals to go his security besides the threats of kol byer against the officer he struggled to 0 get away evidently without any p premeditation rem meditation edi edl tation mr phillips bit hims him a and n d p probably he did so with brass knuckles knuckle but no could believe that phillips hit mr with the intent to slit cud cul and mutilate the latter the first talk of the matter was about a charge of assault and battery against mr lir phillips phillipa aud and the batters lat bail was at first placed at 25 at which I 1 mr N fr nid nia maxwell awe 11 8 sneered neer e d when the court found out tha nature of the com corn plaint he altered the amount to now nobody believed that mr phillips when he be hit mr kolhler Kol koi hyer byer did so with malice aforethought with intent to maim him there was no time for buch such premeditation the prosecution bad had shot a great deal too high and had entirely overshot overs oveis hot bot the mark the decision of the court was wes that mr phillips 1 be discharged we herewith append a copy of the affidavit against mr phillips Phill ipg that the public may see the great straining propensities of those who got up this case ease TERRITORY OF UTAH 1 I 1 county of salt lake j f george R maxwell after being duly sworn according to law says saye that heretofore to wit upon udon the day of december AD 1 1872 one william 6 Phiilip phillipi i at salt like city bant ball lake county territory of utah with torce roide and arms with a deadly and dangerous weapon to wit brass knuckles did assault one phillip kolhler Kol mol hier bler then and there being in the peace and dignity of the people of the united states in the tho territory of utah and did feloniously wilfully and maliciously strike beat and wound the said phillip kolchier Kol hier wita with intent him the said phillip philiip kolchier to malm maim and did then and there cut cui mutilate and slit the nose of him the said phillip Kol kolhler hier contrary to the form forin of the statutes of utah in such case made and provide dand against the piece and dignity of the people of the united states in the territory of utah wherefore process is prayed that the said eaid william G phillips be arrested and rand dealt with as the law directs GEO B R subscribed and sworn to before me the on thia this aith day of december 1872 JETER CLINTON cllnton J P |