Show ATTEMPTED MURDER the trial of bagley for attempting to kill hill the case of bagley charged with an in assault with intent to 10 commit murder by shooting as al one peter Mu ruing on august last in sanpete county came on for ti bilal ial yesterday jacob johnbson and A defended acied bagley hiles and evans pros eluted after the jury was paneled impaneled im and sworn it was discovered that since defendant took the statutory time to plead he had not been called upon to dobo do so the court ordered a plea of not guilty to be entered and that the jury be again sworn james campbell was the first witness sworn he testified that defendant on august lived la in his bis house at huntington between live five and six on the evening of that day defendant came in and after sitting down said campbell if you and dirty peter meaning Mu dont settle up you had bad better get ready and go 0 to Neil sens meaning the justice of the peace immediately afterwards ne fired his pistol at muraine Mur Murn nine inz the bullet missing him burnsides Barn sides and at once got hold of defendant and wrested the pistol from him witness was asked to de describe the defense objected and claimed that the pistol was taken possession of by th prosecution when defendant was examined and should be presented at this trial the question as to the description was withdrawn witness went on to say that the ball was found afterwards lodged in tb the wall tile the ball had passed through the lapels of mornings glo coat to mr johnson Job worked for bagley and mareing who were partners have lately been working for harkness Hark nesb atod ad it was benere the shoot ing that I 1 commenced working for them had been engaged ia ba the spring av by bagley to work tor him knew C E P hansen dont know kaow where he be is now remember going to hansens store with bagley did not understand that aanie hansen n was to fit me out at bagleys balleys Bag leys expense ense so that I 1 could work for bagley fa in tits his mine had contracted to work for him at 70 cents per ton As a matter of tact instead of going to work tor bagley ident 1 went to work fa for r harkness dont remember having any difficulty with bagley baeley or his coming into the mine and my telling him hilm to get out or I 1 would dig my pick into him dont remember peter saying he would chop bagleys balleys Bag leys head on off heard a report of tuat kind mrs campbell testified to bling an eve witness of the occurrence of aug 22 her testimony was similar to that of her husband nus band this morning the case was resumed peter the complainant t taking the stand he testified tes titled to the facts acts f connected with the shooting as related bv the previous witness on cross examination witness stated that his bis relations with defendant were friendly it is not a fact that witness had bad a needle gun in his bis room for use in getting gel tini defendant out eat of the mine and that abat harkness instructed him to shoot defendant Rii member tal taking king breakfast at mrs eUs mount pleasant two days before the shooting there were other persons pre present sent on that occasion said if I 1 thought that defendant was carrying a revolver around to shoot me with I 1 would cut his bis head off said the same thing on other occasions bagley had bad carried a pistol some time before he be came into the mine mila this season and was told that he be had threatened to lay two or three of us out when I 1 took him out of the e mine I 1 intended intends d to do it quietly Ws 4 told to get him out of the mine as U he be had no right there mr burnside bornside testified that he was sitting only two feet from defendant when he saw the litter latter draw his pistol level it and fire the prosecution was still giving testimony when we went to press some acome of it it Is said is of a peculiar character and not at all consistent with certain facts which some of the witnesses for the defense are here hereto to testify to the defense when their turn comes will probably throw a different complexion on the case than it now new has bas provo poto enquirer nov 11 |