| Show WAS IT MURDER bert Ea bathers h lamination before the commissioner at provo bert eather bather the slayer of mike flaherty was before the commissioner at provo yest yesterday Arday for preliminary examination he entered a plea adlea of not to the charge of murder W H dickton del defended ended tue TiLe first widness was john leech who te testified stifled I 1 live in in mammoth hollow juat juao was there last occupied a cabin with mr dulon dillon was acquainted with donahue and sli slightly atly acquainted ted with flaberty saw aike mike fl flahery aher on ob Friday last know bert father eather was sleeping with dillon in the three roomed cabin flaherty and donahue were there donohue said he was going to work that night was sorry that he be did not have methin bo to treat his bis brother with that was wa s there from bingham gave B father ather 20 to go abad get a bottle of something father bather came back in twenty Luin minutes utts with the liquor from the saloon flaherty was on the bed Donahue at the head and witness was wap between them N when eaher bather came in I 1 said take a drink and passed it around every thing was quiet fiahertyy Fia herty drank and passed it to donahue Don abue donahue said as he passed the liquor shut up you s of a b what can you 8 say y about your shooting eather bather thu thin left and went to his room returning with A PISTOL IN EACH HAND saying to donahue here Her eyou you a of a b defend yourself 11 handing a pistol to him leacu grabbed the pistol examined it and said you a 8 of a b what do you yon want to hand him an ah empty pistol for eather immediately grabbed the pistol and fired over leechs head with the 0 other h er at donahue the light went out and the shot was repeated witness lit a match and tried to find a candle but could not did not see who fired the second shot heard a voice outside saying for gods sake leech come out and save us eather then went into the room and when witness entered the cabin tie he saw flaherty a murdered man on the lounge with eather stroking him down and crying witness said ODen abue has killed hilled this man witness then lett blood was oozing from Fla Flaher bertys tys outa did not see eather bather again that night eather said somi something thing as he was s huking him expressing sorrow I 1 did not examine the dead man left him just as ne fell flaherty flaberty did not movel move after he hd was shot lid aid not know whether eather and flaherty flaberty had had any conversation c on or not they did not in th the i cabin anyway all the talk was what donabie told eather hush up and dont talk about your shooting dross examined knew a num r of tie men connected with the louir lyonn in ing I 1 at c last year who were C convicted 0 a of lunching lynching lyn chine ching fisher bad heard several persons persona say aay that bert B eat at er had bad perjured himself in IH his evidence in this case father eather also told dillon he be had got letters notifying him to leave camp dillon dallob did not tell who wrote the let letters cers WE HAD WHISKY and were pretty full fall at the cabin thursday Thurs Tf urada dav night laid off friday night drank with father eather and several othe othes s friday coming at the saloon did not bear eather bather and flaherty Flaher tv speak with each otter prior to the sh otting ting we went to the cabin about six that evening donahue Din ahue was cursing and talking to himself all the time called ei father aher a G d coward and father bather called him the sarae same and then went to his room at the time donanue Doua called esther eather toe the name eather was talking to could not state the eon conversation there was considerable talking going on while eather bather was going after the whisky witness said he must have been so drunk he be could not remember what was said A man came there thought it was johnson something was said about courage to kill father eather that night had ad ne never r heard dona do a bue talk about killing eather bather had told berts father to get him away from there or he would be killed since the above was in type we have received news of some sensational developments in the commissioners court at provo prove last evening it was waa made to appear that a plot had been entered into between leach donahue and flaherty to kill eather bather it was agreed to draw him into a fight by insulting gulting him and thus to dispatch him leach and donahue are in ill jail at provo charged with conspiracy to th murder father |