Show THE examination the closing testimony on behalf of the prosecution the examination into the charge of murder u r de made ade against howard 0 ap spencer en c er and and george closed yesterday s t e r d a y aft afternoon e r noon as stated in the baws ewa follow following ing to is the testimony given after the c lose close of the NEWS report yesterday ARTHUR testified I 1 am warden of the penitentiary and deputy united states marshal have had toe the defend defendants anta in custody before mr spencer was brought to the city to plead I 1 told him he be was accused of the murder of sergeant pike this was after he had been under arrest several days he replied that he expected they would bring up that old matter I 1 have conversed with amenthe en the subject on jan lath last anth lathe e marshals private came to me about some horses I 1 aked ed him to tell me about spencers spencer I 1 a having baving killed sergeant pike lie he said that he himself fur furnished nishel spencer the beaded astol and told him to act m loaded the pistol a afave five he told his brother bryant what they were going to do and he almost fainted he also SAM said pike was with seven others spencer went up to pike and asked him aim it if pike was his name the reply was wag yes and he be shot pike in the right side he be said hickman wanted them to kill the squad of soldiers further said they had gone to camp floyd once to fo find and pike but did net they had been looking tor him for months in the marshals office after spencer was arrested came to me and said he wanted a pass to go and induce spencer to plead guilty ot of unlawful cohabitation I 1 refused the pass unless the district attorney would allow it after that made a statement of the shooting to a herald reporter this last was after his arrest to mr brown st inglam j justified the killing lIlIng li of pike because the latter had struck spencer from out provocation with the butt of a gun and had almost kill ad d him he be SO said spencer was badly hurt having had his skull broken so that aart part of the brain oozed out he a said S spencer pencer first said when he was sick that he must kill pike and wanted to help him bira when pike came to town went to spencer and told him be gave him a loaded revolver saying to him that I 1 he was to act they went wens out in obedience to SErin gams direction and pike was vas shot right after neam am said he had bad told the story to van zile he also said that it if I 1 brought it u up I 1 he would deny the wl with tt me I 1 was present when one newspaper correspondent talked with mr aft spencer this was atter after this plea was entered that was the only time when a newspaper reporter was there mr albright was mistaken it he says a nes newspaper paper man was there at any otner other time td mr peters mr clarke and mr dyer were present when I 1 talked to spencer ncr when came to me I 1 could not say as to his condition he be is generally under the influence of ef liquor to mr peters he was not drunk to mr young sam gain is much given to boasting asting oo oa of what he has done and a great agrest deal more TRUMAN SWARTOUT testified I 1 hive live at provo have known george S esam since 1868 in August 1859 1 think J was in provo heard of the killing of sergeant pike have talked with ngim about it at julesberg lesburg Ju nebraska aw iQ had bad a dragoon revolver I 1 asked him how he be would swap pistols pistol sl he would not net trade he be said it was a keepsake that it was the ove one that killed sergeant pike he said he told spencer that pike was in town and that it was time to act pike was then killed said he had bad assisted spencer to escape to mr brown was sober at the time we had bad whisky along 1 I ai always ways carry it he be said he barred the dav for spencer to escape the prosecution cution rested its case mr brown asked that the defendant spencer be admitted to ball if the commissioner would allow that they would not spend tile the time of the coart in taking further testimony there had been great provocation tor for the killing the district attorney said boid he did not see ground for admitting him to ball bail but would be satisfied if the amount amoun was sufficient to insure his attendance mr young thought tife ane court could take judicial c g lizanne of the condition ut ot a man air ai r his head had been broken in as spencers had by sergeant pike THE commissioner said there had been no eyewitness eye witness of the killing the strongest testimony against hi him ii was that of mr stephen taylor who did not see the killing but saw mr spencer running away after the shot was fired the guard at the penitentiary had bad overheard a statement from tire tile defendant that he would plead I 1 lead guity guilty the court was of opinion FO n the statement referred to the charge of murder the only object secure the attend attendance aBee of the defendants and the commissioner was inclined to allow ball bail the case should go to the gralia jury I 1 in n response to a question mr said he be had bad no BO statement statement i to make but would like to be admitted to bail mr peters suggested ball at mr young suggested Aft after ersome some further discussion mr spencers bail was fixed at and mr gams at mr spencer obtained bondsmen for the required amount but mr was unable to do so and was remanded to the penitentiary |