| Show THE MURDER TRIAL A gloomy outlook for the slayer of cullen beaver utah sept 23 in court this morning the examination of the venire of fifteen jurors was continued at DOOD coon the panel was filled thure there being ten mormons cormons and two non mor mons dickson made the opening address to tile the jury citing what the prosecution expected to prove and dwelling at dome length on the degree of toe the murder and that drunkenness was no excuse jerry Tib berty was the first witness for the prosecution he testified he came down with calton from W ure mammoth mine on the morning of the day of the homicide cullen had been in milford several days before son S ion alter after reaching milfurd the three ruet met and drank lour four or live five times during the day in three saloons gallon calton and Tib Tibb berty efty were getting supplies in the store and had a load of ore sacks they bought two flacks flasks of whisky at williams saloon witness met cullen near 4 in tile the afternoon and the three started back to the mine in a covered buggy they stopped bedat at hagues saloon and all drank after that on the way a piece e the three drank again witness also said soon aft afier er that the lash came 0 I 1 jumped out to get it while I 1 was out of the buggy calton and cullen had a drink coming coining back to the wagon with the lash and knowing ilat that he had bad left his bis flask bask on the ore sacks witness saw that cullen had it under his arm calton says cullen give e jerr jerry y I 1 drink fallen cullen refused and witness went on ahead saying ID D the whisky keep it immediately turning round and looking back I 1 saw cullen and calton struggling Cal callons tons neck being on or near the to top p of the dash board I 1 rushed back to the buggy witness aid you both stop thit that or I 1 will wil I 1 pusa you both out of the buggy and pushed his arm between culada and calton and the they y stopped further scuffling right then calton jumped out of the buggy am not certain whether he be grabbed bis big pistol in the act of getting out or as soon as he be reached the ground the team started up he then jumped and caught the near horses bri bridle clie I 1 next saw saw a pistol raised in callons Calf Cal cons tons hand and told calton here dont do that stop step 1 I but then I 1 heard the first shot witness again remonstrated st for gods sake dont shoot any more calton said iles hes dead now and ill give him the balance and continued firing till the pistol was wa s empty cullens Cu llena head dropped back a slight groan was all I 1 heard from him we two then turned the team around and came to milford we drovetz drove to docha doc hagues aes ues saloon galton gallon said 11 hague heres your partner ive killed him hg on the way down 1 defendant said to Tibo erty he was sorry for the seed aeed the body was carried out and put in ia hotel sheriff baldwin being iti in milford at the time arrested the defendant and witness that evening and the next morning defendant said he had bad killed cullen but in self de bense that he was forced to do it P B mckean was the next witness he testified that he was in milford when the defendant got there with the body Ti Tit liberty berty got the pistol out of the budgy bugy and helped to carry cullen irto ir to mowris hotel was with the hody that right and went with it to undertaker taylors taylora at salt lake and where dr fowler made a post mortem examination heard defendant say lic killed mike and killed him good that thai he shot him after tie he was dead he be also said he be had killed him in self de bense cullen had bad no arms on his per son only a common pocket kni e saw a bruise on the left side of geldens guldens Gul Cu liens dens neck it appeared as though a hand band or finger did it there were seven holes boles in the clothing on his body dr fowler next te testified stilled he carefully and 9 bly examined the the body 5 there were nine dine holes boles in the body the first shot must have made three holes going straight through the body between the seventh and eighth ath rib through the liver and breaking the left arm bone two more went vent inthe in the body and must have lodged near or in the back bone the others through the legs I 1 the first shot was fatal as it passed through the liver sheriff baldwin win said tie he was in milford when gallon calton drove up to the store and immediately arrest arrested edthe the defendant he corroborated Tib berty and mckean as to the position pasit lon tion of the buggy heard defendant say he had killed cullen but had shot him in self de bense gallon calton was somewhat intoxicated defendant had bad scars on the face below the left eye ee and some on the neck in different places as though made by finger nails denny on cross examination brought out an answer from the witness as to the defendants singular actions and his bid manner of telling and talking about the killing in a kind of laughing way from which the inference was drawn that he be was not dot entirely sane yet not insane dickson pushed witness closely on this part of the testimony but nothing more was elicited doc hague testified that he first saw calton drive up defendant said heres your partner I 1 killed him good the three had drank in his saloon during the day but shortly before atley started to izo go up to the mine he e refused cullen cuhen whisky A W mowry hotelkeeper at milford heard defendant say at the supper table that he be had killed cullen at the first shot and thought hed put in the balance of the shots but was forced to do it mr stoddard I 1 reside at milford saw the body of cullen the same evening lie was mile killed heard defendant say he be bad been een insulted by two men mentioning names and on the next man who in bulted him he be was going to use a pistol which he had bought he had intended to kill the next one that insulted him out he be intend to kill cullen at 5 pm the prosecution rested the defense say they will get through by noon tomorrow to morrow and the case will be giat givan n to the jury by 4 herald |
