Show THE SPENCER CASE following is an account of the proceedings in the trial of howard v U spencer neer charged with murder aich mch took place may 7 after the of our last report STEPHEN TAYLOR as called to the witness stand he testified I 1 live in salt lake county ty and have lived in utah since 1848 w in 1869 1859 1 I was a member of the vice force of this city have known 11 howard MOWard spencer since 1849 had bad irown jovn him quite intimately before before 1859 tata 1 I s tw him in august st 1859 bows 1 I believe or at least about that time tima ewhen when I 1 had a conversation idith th him in reference to sergeant jk ft at the time of the conversa tiola on pike was in this city he had not been here very long the conversation I 1 had with spencer was to 0 o the effect that he had better not beet sergeant pike that he felt chere wre would not be justice done 10 the matter I 1 told him he had batti ater wait and see what the courte urt did in the matter and he finally anally sald said ill see ee about it this s on the same day that the shoot 8 occurred in the morning I 1 ink he was not armed at the time think he was somewhat nervous felted cited and flurried at the time as though hough his passion was working ud upon him I 1 next saw spencer later in an the u day about two or three hours dorward afterward tor ward I 1 think he was crossing uin ain street going from east to west t he was about one hundred yards yda away from me and he hd had what aaa I 1 took to be a pistol in his band ad that was after I 1 heard a shot fired te after hearing the report of the ASO awl I 1 saw considerable of a tumult aud ud several people so soldiers idlers and citizens followed him with pistols iea tt their hands and crying for someone to stop him spencer ran rough iraln u h the block on the west side of 01 main street we started in ruit tilt and traced the fugitive gur or five blonks but failed to to iet et sight of him we met a party qu lot then came back T do not know low w long it was after that until pike ft I 1 did di not dot see bee him token taken away arora the salt lake house I 1 do not member seeing alma williams on tae aay aay of the shooting but I 1 did george it was 8 to the time spencer ran across the ae street I 1 saw bill hickman the atle day after I 1 had the conversa uon spencer jace luce was present that I 1 inow know of 0 o mr brown I 1 should say there bete about twelve or fourteen men 4 street when the shooting oc stirred garred on from six to twelve had pistols in their handstand hands hand sand nd were in pur a 1 jt t of the man I 1 took for spencer in ila was not na an amon uncommon thing r those days to see men on on m the ae streets with pistols in their ia hands I 1 talked with 8 spencer n e r 1 that oat day on second south ga street tree t hardly tell you how the con b began but I 1 thlik think I 1 began 2 I 1 told de hm m john Y green had jed he d me to f see jee him and ask that kJ should hould not see pike spencers gd lead was in h a bad condition at t that tos it had healed up some so m e abut but its tearance showed that h he had re JW a heavy blow he appeared to me to be excited which had been caused by me bros broaching ebing the subject of his injuries to him I 1 have known spencer for many years his general nature was anything but excitable I 1 I 1 should judge his excitability was caused by the demented condition that he was left in and the idea that he would not receive justice or that pike would not be punished for the injury done him WM ALVA ALMA WILLIAMS Nn LLIAMS testified stilled te I 1 have known the de fen lafit since 1864 1854 remember sergeant pike being brought here for trial do not remember the time but it was when corn had got pretty high when I 1 first saw pike he was up stairs in the old salt lake house lying on a bed he was wounded or said to be he was a very sick man I 1 heard the report of the pistol I 1 was on the west side of the street and about tenor ten or fl aftan paces north of the salt lake house when I 1 heard the report I 1 turned around and kw saw a knot of men gather in front of the salt lake house and also a number crossing the street eight or ten men were running west and when they struck the outer edge of the sidewalk the crowd stopped and one man kept on going I 1 followed him to arrest him and went several blocks the man had something in his hand I 1 do not remember what it looked like once when I 1 got into the lot I 1 got almost close enough to grab himi him but I 1 I 1 had a revolver I 1 saw bill 4 Hick ruan that day I 1 lost the man I 1 was chasing chasin in a corn patch atch I 1 saw pike after f I 1 came bac back he seemed to be in considerable sid erable agony to mr young at the time of the occurrence I 1 was acting bailiff and also deputy united states marshal there was nothing particularly remarkable about my seeing bill hickman he was on the street quite frequently at all times HI hick ck mans name was never connected with the homicide so far as I 1 know I 1 understood that pike lived about 24 hours only after he was shot WM APPLEBY testified I 1 have lived here since october 1849 1 I know alma williams remember the time pike was killed in 1859 1 I saw two awl took to be howard spencer and alma williams on that day clay I 1 was on the second block west of the salt lake house both men were running those were the only men I 1 saw they passed me within about three rods I 1 formed the conclusion in my own mind that the men running ii I 1 n were williams and spencer but I 1 am not certain of it to mr brown I 1 did not h hear e ar either of the men say anything as they pawed passed me they were three or four paces or three or four rods apart HENRY HEATH testified I 1 have lived here forty two years and am somewhat acquainted quain ted with the defendant I 1 heard the shot fired on the day in question estion when I 1 was standing near jennings corner I 1 turned around and saw the crowd when I 1 got to where the man was injured injured I 1 heard them say it was sergeant pike I 1 did not know any of the people who were rushin rushing across the street I 1 have always U been n under the impression that pike died within about twenty four hours after he was shot to mr brown I 1 should say there were at least people on the street 4 some twelve or fifteen had their pistols is drawn and there was consile considerable r excitement LEM DANIELS testified I 1 live at echo Cid canyon nyon I 1 used to know howard spencer and am acquainted with george I 1 have known both since I 1 first came to the teri territory atory I 1 remember the circumstance of ibe the killing of a man known as sergeant pike I 1 do not know that I 1 ever saw hj hm I 1 was on the opposite side of the street when my attention was at by a crowd of five soldiers going up the street a man went up u and spoke ug e to them one ane stopped and ang the others went on a few words passed pred when the man drew a pistol a and d fired the soldier staggered and fell and the man who did the shooting turned and walked a short distance when he be started to run some soldiers followed him mr peters to the best beat of your knowledge who was it fired the shot witness to the best of my knowledge I 1 dont know who it was I 1 was not able to recognize him he had the revolver in his hand when he went across the street heran he ran through an alleyway alley way west the soldiers were gling up the street when I 1 firstnaw first saw them HENRY HENBY GUSHING CUSHING testified in 1859 my was located about seventy five feet south of the salt lake house knew a man who was known to the community as howard spencer was also acquainted quain ted with george bill hickman and jason luce remember the killing of sergeant pike I 1 saw hickman Hick kmap mafi luce and spencer together on the morning of the shooting they were I 1 behind my shop sho examining pistols each one bat had a gun examined his and gave it to spencer it looked to me like a colts revolver they were together probably fideor ten minutes and all went away at the same time about an hour afterward I 1 heard a pistol shot I 1 looked up and saw spencer going across the street accompanied by jace luce and bill hickman they were crying c i out at the top of their voice I 1 zing keep beep back III IH drop him spencer was running in advance across the street some soldiers ran after them also with pistols drawn spencer ran through martins alleyway there was only one shot furedy hickman and luce were talking to tibe crowd I 1 suppose to mr sheeks I 1 think hickman had two revolvers when the examination was made in the rear of the store mr sheeks was it any thing very unusual to see wen men looking at their pistols or examining them witness bot ot in those ly everybody carried a pistol in those days I 1 do not know how spencer was dressed I 1 do not know whether hether he had a hat on or not did not n notice 0 whether he had a bandage on his head or not there was no peculiarity about abou this his dress that I 1 recognized I 1 live at dillon mont now and this is the first time I 1 have ever told these facts to any living soul I 1 have never gone into the details I 1 mean the jurors were cautioned against reading any local newspapers during the time they had the case under consideration they were then placed in charge of a bailiff for the night with instructions to be on hand band promptly at next morning after the jurors had retired the court said mid brother peters I 1 understand der stand there is a little matter you wish to bring before the attention of this court I 1 am now ready mr peters it is this your honor in view of the proof already ad duped and in consideration of the fact that we have additional to come we ask that the bond of the defendant be increased or that he be remanded to the custody of the marshal objected there had been no evidence of any importance introduced that had not been brought out before the commissioner mr peters but I 1 say we we have much additional mr brown well wait until you get it then to shut this man up at this stage of the proceedings would be an outrage the j dad not think it was necessary at althis time to go any further in the matter mr hiles thought the bond of was an extremely low one in a murder ewe case where the defendant is admitted to ball bail the bond should never be less jess than or the admission of this man to ball by the commissioner was an abuse of discretion on his part he should have been remanded we do not wish to oppress this man but we do wish to follow the law because we are responsible to the law mr rawlins elins entered an objection to this proceeding the court I 1 think I 1 see im my y way out boutot of the case I 1 do not wish to prejudice the defendant I 1 want him to have equal and exact justice I 1 think his bond is sufficient I 1 shall watch the cue case very ole I 1 and keep the prayer player by the static state in ai mind but shall make no further order in this matter now the court then adjourned till am next day may 8 w L PICKARD was the first witness next morning he testified hed I 1 have known howard 0 since bince 1866 1855 1 remember the killing of Sergeant Pike was two or rate rods north of the alley on the east side of the street heard the shot and saw spencer run across the street and into the alley west west saw no weapon there was consid erable commotion to mr brown did not hear anybody say ill drop him did not recognize hickman luce or saw no weapon a good many revolvers were drawn LEONARD PHILLIPS testified I 1 am 69 years old have been in utah since 1853 live ive in park city now knew sergeant ergeant pike first met him in april 1859 at camp floyd which is about 46 miles from salt lake I 1 was within eight or ten feet of pike when he was shot I 1 was going up the street and went and sat goina down wn by a soldier at the salt lake house a crowd came down the street in front of them were pike and a soldier a man came up and said Is that you pike the latter turned around and the man shot him in the side I 1 saw hickman luce and steve taylor pike called out my godl and I 1 sprang ou out t jand and caught him the corporal who was with him went to draw his revolver and I 1 called to him for help we carried him into the salt lake house where the doctor cut the ball out from below the right nipple pike had bad on a bowie knife the ball struck the bone handle add knocked part of the bone into pikes body I 1 saw the piece taken out watched the doctor probe the wound to a depth of three or four inches the ball ranged upwards it wen went in just over the rig right hi hip I 1 and was taken out of the right alle side I 1 had never seen spencer that I 1 know of the muzzle of the revolver was about two or three feet from pike when the shot was fired the man who fired stopped an instant looking at pike with his pistol ito 8 la in his hand band when bill if hickman ackman came up and said get the men then went over the ditch and ran across the street and into an alley about three hours after I 1 left the city and next day I 1 went to camp floyd and that night the party who were with pike when the ball was taken out of pike he be said he could not live ive gordon was there at the time the doctor and several others were there also gordon asked pike if he knew the man pike had the bullet in his fingers when he said he could not live and andain said to a soldier you av give e this ball to ed when you get back e k and tell him the ball that kill edme I 1 mr hues hiles did he speak the name of the man who had shot him objected to b by the defense objection overruled over overruled ruley mr rawlins na was pikes statement reduced to writing witness yes gordon 40 adon wrote it as he told told it but I 1 could not say whether or not pike signed it but I 1 think he fae did mr rawlins who were there witness biere were several parties court yow you may stop there brother rawlins Baw lins it makes no difference who was there mr rawlins thought he had bad a right to the information he was asking for and was told to proceed mr rawlins when did mrs townsend come in witness A lady came in after the statement was made kt a citizen named H 8 beatty was there and gordon ordered him out mr brown we object to court thatis that is enough mr brown let me state my ob ejection jec tion 1 l court there is no need y mr brown we have a right to it on the record court proceed mr prosecutor the witness in reply to mr hiew hite jg A said pike said howard spencer was waa the man who had shot him ae to mr brown pike said a little more I 1 dont donit think I 1 have told it all col crossman was not when the statement was eraz naab there were a corporal and several 8 soldiers I 1 never was a soldier I 1 W alg inthe quartermasters quarterma aters employ at the to time I 1 came to town that day to see what was going on since then I 1 jj have been doing a good things I 1 work in the ontario mine court youve gone far enough 8 with that cross examination mr brown we take an ah exception k witness to mr brown I 1 saw the man who shot pike go part away across the street there were 4 20 to 30 people there the man wbk did the shooting came along the street behind pike until he to the sergeant elsaw I 1 saw him just ba W fore he spoke there were men close behind bola nd h him am there were six or eight three of them drew weapons Wea PODS stephen taylor was with the crowd he had a pistol on his side j but did not draw it th the a j crowd were vere about 40 feet from the w place lace of the shooting didiot did not notice taylor aylor ta there kol know lehi daniels j did not see him there the re string am was ten or twelve feet from the man n who fired the the time it occurred d he had bad a pistol in his hand this w wa 86 i ia H after the shot saw jace luce aaice and an bill hickman in the crowd before the she shooting hickman was closest clocea to the man who shot there was bwy one soldier with pike I 1 d did I 1 d not dot heat bow r |