Show THE OTHER SIDE the officers story in the marks sullivan embroilment yesterday afternoon in the case of the he people vs va john T sullivan sullivaa and others charged with assault on OB mrs marks the prosecution closed its evidence with the te 6 of 0 Mr Watts who said I 1 talked with mrs marks through toe the window while the house was wag locked and advised her not net to realty tue the officers as it might bes be a serious matter mrs marks was mu much ll 11 excited and said she would give up the house mr sullivan told rae me that he be badir bad received a dispatch from mr evans heard sullivan bul livan say that he was going to 10 serve the execution and intended tended d to take assistance as he was not nod going coins to take any cnance cliance en the day after I 1 saw a number of men tearing the house down rec mr tompkins among them jo was the first on behalf of the defense he said 3 i was wad in eureka ine affair to ok place the first I 1 heard of it was when sullivan came to me and asked me to help move some furniture knew that sullivan tf was an officer and went with him to mrs marks house the house was situated on the eureka hotel property upon arriving at the house we met mr anett ti mr sullivan went to the bedroom door and aind asked to be admitted mrs marks refused to 0 DC a the boor ur then took a niece ece board alq struck c the eart dobor ara marks had a revolver I 1 in a each I 1 b band L d and said I 1 it if you break JUl bie break you i S b sullivan then went tj to the window alq mj told mrs marka maiks that abat was tue dearest gun 8 she he had bad air ever pointed i I 1 had some conversation w with th I 1 mrs marks after this mind and advised her to rive eive up the house bouse to the officer she replied that she would never do so sullivan went away and returned bringing with him mr howe mr lynett and mr douglas who were armed with guns guas sullivan attempted to read a warrant of et arrest to her but bat she would not listen to it it was be tween 2 and 8 when sullivan returned with the menthorn men whom he placed at different points around the house bouse I 1 was stationed near the window sullivan told me to do nothing unless she turned loose with her guns sullivan then went around to the back door did not see the arrest made did not see them taking her away to mr vartan sullivan told me the night before the arrest that he had some papers to serve on mrs marks and told mr lynett and myself that he wanted us to go with him and help him to move some furniture have no interest in the case it was generally known that mrs marks was to be dispossessed of her property and mrs TOM tompkins kins put in possession did not hear ars mrs marks say at quy any irne time that she would let mr 3 kv sullivan into the house bouse it if he would send th the men liway away when Sull itys n at attempted tot to read the warrant of arrest to ateo ier she said she did not care a snap or bite the warrant and that she coq would id not give up the house there were lour four among the mentho men who were stationed ground around the house by b sullivan and in ia addition add itron I 1 had a pistol w which ich was given to me by sullivan all van i after the circuit was in made e sullivan a n returned to the place an and d told ild we me to get mr lynett nd V L thomas to make an inventory of the furniture and take it outside which was done we found a girl and a young man in the house when we were moving the bed I 1 found two pistols in it these I 1 gave to mr sullivan I 1 have known mrs marks for over a year byear know nothing against her never said that she had shot a man am not responsible for the statement to that effect which appeared la in the tribune did not make such a statement to a tribune reporter on the day after the arrest of mrs marks sullivan sent me with barnes and lynett to the store to levy on some goods the levy was not made as a settlement was wasef et fectea william lynett ite testified stifled I 1 live at eureka am a miner anthe lost mr Sal sullivan livan met me and said that he wanted me to assist him in some busti ness he had to transact with mrs marks he did not explain tae nature of the business mr ferguson also ac compa companies companied nied us mr sullivan tvan went to the door of mrs marks house bouse and asked to be admitted mrs marks re fused to admit him sullivan then went away and returned with a war nant for mrs marks arrest tor for resist tag an officer and tried to read it to her but she ref refused used to listen to him saw that she had bad a couple of pistols one in her left hand band and the other in her right pocket in the afternoon sullivan returned with douglas and house he gave each man a gun and stationed them around the did not see the arrest made nor see the men take mrs marks away to mr varian I 1 work at the bul lion beck mine when sullivan re turned with the guns he be said to ferguson and myself that he be was going around to the door and was going to set get in he told us as not to fire unless we were fired upon did not see sullivan arrest mrs marks did not see her taken away james douglas testified mr sullivan told me that he Want wanted edme me tp go 90 with him to mrs mar marks ks house bouse that fast she had defied him and that he be had bad a warrant fot for her arrest he be said that she was waa armed and I 1 told him ehst that I 1 would not go on such an errand unarmed and obtained a gun from a friend on OB reaching dewling the house sullivan stationed the men around the house bouse and then west in and arrested her I 1 helped to take tak her away she was not called a B s of a b and no more force was used than was absolutely necessary to get her along she could have walked and I 1 asked her to do so no guns w were ere pointed at her to mr varian the gun I 1 borrowed was a winchester rifle I 1 never assisted sullivan before when I 1 went into the house blouse mrs rs marks was on the floor screaming and sullivan had hold bold of her arms did not know that the writ of restitution was to be served W WD D house testified on the of this month Mr Sullivan told me that he bad a warrant for that she resisted him and was armed 5 I 1 went off and got a colts 44 and went up apito upito to mrs marks house bouse sullivan broke brne the kitchen door and went in I 1 followed him sullivan took hold of her and said that she would have to come and had better come peaceably I 1 went out and called douglas in and douglas we took her bei down to judge ju ge danas court did not hear bear her called ed any names did not see anyone strike or kick her no guns were pointed at her to mr varian my gun was loaded mrs on the bed when sullivan sullivaa entered and we lifted her bor off saw no abuse of any kind administered to her mr sullivan received a telegram from provo about an hour after the occurrence at mrs marks house an adjournment was then taken until 10 today john T sullivan was the first witness called this morning he testified I 1 have been constable at eureka since june 1897 arlor prior to dec 19 bad nothing to do wi with h this litigation except the arrest of mrs tompkins Tomp kios and mrs marks who had some trouble mrs marks has has talked with me ma about this ahls case I 1 I 1 got the writ from judge lambert on sundar sunday night the he told me to serve it I 1 t in the morning I 1 understood h ha 3 got his bis instruction I 1 join from hills I 1 I 1 went to arb marks next morning and told her she laughed at me I 1 talked with her for some time and then hea read the original execution I 1 asked her it if she wanted IL a copy she said yes and I 1 told her it would cost 75 cents as that was what justice dana charged for copying it mrs marks began to get angry and I 1 told her to send for an atto attorney vuey and it if there was anything wron with the writ I 1 would not servo ser v it i flud ahad au submitted tte it to judge dana and mr burns an attorney who said it was all right alie sent lor for judge watts who read tao ha paper and said there was nothing wrong with it he said I 1 could give her time if I 1 wanted to I 1 said I 1 could not give her time to send to her lawyer abut would to communicate with the commissioner commis loner ioner I 1 told them 1 J was ordered to go ahead she then said she would not give nie me Deace ahle possession and I 1 goold her I 1 would have to use force I 1 left J lacon in charge and called in kea n is ferguson and lynett ve me then wat back ack with the two men and found the door locked shi she said bala she would let me in but no mob I 1 told her there was no DO mob she said she was sick anal and remarked that she had bad got sick very quick she still refused to open the door and I 1 struck it with a piece of board I 1 she called out that she would shoot boot I 1 looked hooked in at the window and saw her with a revolver in each hand I 1 then went away and made out a complaint I 1 returned with a warrant for her arrest and told her what I 1 had bad I 1 was at the window and when I 1 went to read the warrant she walked to the other side ot of the room I 1 was outside of the window I 1 then called on n gas howe and james douglas to help me I 1 had been around about two hours lacon told me the doors were locked this was when I 1 could pot get in i 1 asked him to open theland the mand he said he was afraid as mrs marks had bad two guns 1 I put the lafour ilour men about the house I 1 told them it if she fired ito to use theli guns I 1 knew they would not do so unless they were compelled to I 1 brought my gun after I 1 got the warrant I 1 there were four guns lathe party I 1 got ha harvey tompkins ow kins ax an aud knocked IB 19 ne tae vey door 0 r mrs ra marks was 8 screaming murder urdell Ci citizens and so on all the time when we got in she was la in bed with her hands under the clothes othea I 1 she had bad her pistols she drew her and I 1 caught them and induced be her to get out of bed she ke sank down to her knees and douglas told her to get up I 1 told douglas not to ill use her and he be said lie he gouid not we took her by the arms and carried her out she resisted and after we kot got outside john martha took hold of her feet and helped to carry her there her arrest I 1 called on an the pen men to help ode ifie to make the arrest as As I 1 did not want to get shot I 1 had bad a man lacon in the bouse but he was no good I 1 broke the tae kitchen door because she could not there I 1 expected she would shoot it I 1 went to the other door whenever I 1 went near the door she threatened to shoot the menrad men had their guns loaded I 1 considered her extremely dauger dangerous daugert 6 usi jad judge jade e lambert said the I 1 instructions to mi me were f from commissioner Commiss loner hills I 1 took no telegram from mr hathaway or anyone else mrs marks telegrams did not bother me did not expect her to try to stand standee me off with ith guns I 1 received no telegram from commissioner hills bills sot got a letter f from rom litin him after all was over ike Fordon dispatch read stop atop action on mrs marks see letter of commissioner commissio er tomorrow 7 I 1 turned the mosey money over to judge ud g e sutherland yesterday morning mr barlau I 1 demand that this suit be dismissed the attorneys got pretty warm and commissioner NorrelL had to call them to order sullivan then qu continued and was followed py jy wm win H jenson ta mr brown sullivan said I 1 read the warrant a second time because I 1 heard that mrs marks claimed it had bad not been tead read to her I 1 had bad no notice of the judgment bein k set aside when I 1 gave the money to judge sutherland it was before the trial began we gusej used no more force than was necessary to arrest mrs marks to mr varian I 1 made no DO return on the w writ 11 t of restitution because of the order to 0 stay proceedings I 1 gave the money to judge sutherland because he ordered me to and I 1 thought it would b be e all I 1 right i tit danle daniel 8 danji dant testified to having issued a warrant tor for the arrest of mrs marks wm win randon testified that ke he took no part in the affair till after the arrest when he was employed by mrs tom skins to aid in tearing the house down the letter written by commissioner hills is as follows to ToToA ablin nL I 1 sullivan constable you yon will please stay all prece proceedings edin in the matter of the execution in ave the above entitled cause until the further order of the court J 1 E HILLS U S commissioner provo dec 19 1887 the defense rested their case and an adjournment was taken this afternoon when the arguments were made before C commissioner om missioner norrell |