| Show PROVO POINTS in the first district court on wednesday afternoon mr halge continued his testimony knew knew defendant about six weeks before the shooting was acquainted with others that had known the defendant prior to the homicide he was tasked to state what defendants reputation was objected to which caused considerable discussion upon the admissibility ot such testimony of general reputation upon so slight an acquaintance overruled AUS and H his reputation is good there are two saloons in nephi none nearer pearsons ranch by the prosecution you say you know only four persons in nephi who knew defendant prior to jan 10 and upon that thai you say what his reputation asin is in community the comm unity A III 1 I do as the question was explained wore bf ore that silence is golden and when bothi nothing dg to the tha contrary it is good geo C whitmore was called re ke side at nephi am a stockman did not know du dycea ceased aed in his lifetime have known defendant since Janu january arv mr cazier was recalled for foi a question had conversation with with mr whitmore oia not recollect saying th the defendant was unconscious when 4 mr r whitmore asked if the bo boy was f shamming hamming I 1 or really drunk i I 1 think imay I 1 may have told him that he was wa under the influence of liquor Q ido do you recollect having baving a conversation with mr E D hoge at forts hotel that on the night of the homicide you went to pearsons cell anchor or twice and covered him up as he did not seem to realize his chadi coadi tion A 1 ill I do not remember making such a statement mr whitmore was then continued I 1 know the last witness mr cazier I 1 met inet hint him the morning after the shooting sho otine otin i Q do you remember the statement that cazier made in reply to your question whether defendant was shamming or drunk 0 objected to and objection overruled ari ans yes ye sir ir he made a statement there are few people who live near mr pearsons ranch I 1 am well acquainted in the neighborhood I 1 had known several persons who knew def defendant before the homicide and have heard then them speak of him they were persons well acquainted and have been residents resident a long lone time in nephi I 1 heard his reputation discussed considerably since the hami homicide for peace and quietness I 1 I 1 Q from all these sources do you know his reputation A yes sir 11 Q Is it good or bad objected e ted to the question was argued at great reat length then withdrawn and put in a different form Q 10 lo do you know from all these sources what his hia general reputation for peace and quietness ss is A yes sir Q 11 abat Is it good or A it is good james clinton was the next witness 1 reside beside at juab am train dispatcher am well acquainted there know where pearsons ranch is the section hands live about a mile from there lemington is 17 miles from the ranch trains go by every day and stop at the section stations when flagged have known defendant over a year have seen him probably half calf a dozen times prior to the homicide had been to his ranch before that know others that were acquainted quain ted with him A number of names were read to witness whom he was acquainted quain ted with and some of them claimed acquaintance to the defend ant Q from all these sources do you kno know w the defendants reputation ayes A yes it is good hugh mcblaine Mc Braine was ta the e next witness lived at spanish fork work on section 31 15 miles from juab near mr pearsons ranch I 1 lived on the sevier for the last five years am well acquainted around there there are very few people in the vicinity am acquainted quain ted with most of the people of juab and lemington I 1 first met defendant f on the ot of july saw him nearly every day thereafter till jan logli 1886 1 I heard beard of the killing the next lay day after it occurred and heard of it talked abut about a number of persons with whom I 1 am acquainted know knew the defendant prior to jan loth 1886 Q from all these sources of information do you know hia big general reputation for peace and quietness A yes sir Q what is it A it Is good to the prosecution A dozen of the persons or more that have been mentioned were acquainted with defendant prior to january ath 1 I heard his reputation discussed within a day or two af after ter the shooting of january they talked of his charac character ter and to the effect that it was good Q edid did idid mr baxter say it ww was good ayes A yes sir Q ido do you remember pearson amt baxter going off atone at one time together and that pearson had bad had something to drink A yes sir I 1 remember one tine time in 1 1885 and id they said when they came to c camp they had bad been in A scuffle ba baxter said e antso n tripped him into the river about ten feet down aft bank but took it as a joke did not say anything about a gun OTHER proceedings the people vs mcgrath was continued by consent for the term jacob joice louis gramberg Gu amberg and ance james strange were arraigned lanck ana plead guilty to the indictment of grand larceny for killing nine head of sheep were not able to employ counsel but made a statement to the court cour which if true would constitute a defense said the sheep were alone in the mountains they were hunting deer and understood der stood that it was not unlawful ua to kill what they supposed were lost sheep the court instructed them to get counsel and if they wished they could withdraw their plea they withdrew with the officer |
