OCR Text |
Show DAILY PAGE EIGHT. NO PICTURES : ! MARKED DOWN I N UTAH BAIL 8TATE JOURNAL, FRIDAY, APRIL 7, 1905. HOED OF THE CRIME NEW FRAUD CASES WOODMEN OFTflCWORLD jEXOURSION Whirlwind of Irresistible Values ESTATE OF JAMES E. HORROCK8 ORIGINAL BOND OF $1,500 COVERS THE FOUR NEW CHARGES. LEFT TO TESTATOR'S MOTHER. 7 buy wow ROSS OLD MAN TELLS WHY HE SHOT PAT SMYTH. That He Fired Upon the Guardian of Beatrico L. Horrocka Files Judge Murphy Decides That Bonda in States loonkeeper in Self DeCover All Caeea InfluFormer Protest to Will Undue fense. th Charge. ence Is Alleged. BOOK & STATIONERY COMPANY. Sa- With every evidence of candor and changed sindtrity, James Boltomer, with the attempted murder or Patrick street saloon Smyth, the Twenty-fift- h keeper, told his story or tne crime to Judge Howell and the jury in the SecSelf ond district coui-- t this morning. 4 was motive the he declared, defense, of the crime; but he added that he had Ind. 2357 Adams avenue. Chiropodist, HU no Intention of killing Smyth. I 'hone 365. ocexamination and The Ulxturlful soriety will meet was afternoon the the sesjudge During cupied almost the entire morning April 8, at 2:30 p. ni. with Miss Pierce in consultation with officers from the sion. 730 Twenty-thir- d street. Mcdistrict attorney's office and Mr. In answer to Mr. Chex, the defendCormick for the defense, and at a late The numliers winning coupon-book- s In stated afternoon the Steam the hour Judge ant, on taking the stand, testified that this week at the Ogden Laundry are 55028 mu! 56642. that at the time he fixed the bond In he waa 63 years of age, came to this the previous cases he had underatood country In 1871, and has been In the A petition fur letters of administrathe amount, 31,500, which he fixed that C. Julius of estate late the tion in the time was a blanket bond and county Jail since the day of the shoot at that Kiesel was tiled yesterday by Mrs. was to cover all charges in the case ing. He went to work at the Lucln cut Klesel. that might be brought. Had he not off in March, 1908, and worked there F. R. Watkins. Orocer. the hond would not have been placed for a year ae night watchman. In Hell Phone 57. at that figure. Ind. Phone 30. As a result of the Judge's decision March, 1904, he and two companions 301 Twenty-fift- h street. They arrived here Swan was permitted to go under the came to Ogden. about 3 in the morning and in wanderbonds given. already facia shampooing, Hairdressing, No new developments have arisen ing around eventually got Into Smythe massage, manicuring and electric beauno during the day, and It is probable that saloon. He said his partners hadand ty treatments Edith23E--Boise, 412 2th the cases against Swan will come up money, but witness went to Smyth street Bell Phone. for trial during the present term pf said he had identification checks and Madame 8. J. Wboley, who has been he would give him one of them if he court In New York City for the past three would trust him for the drinks. He weeks in the interest of S. J. Burt A gave him one of the checks, and after TO SING AT CONFERENCE Bros.' dressmaking department, has reimme more drinks he began to feel turned. sleepy and tired and went back to a Ogden Tabernacle Choir Will Go to room and lay down. About 9 In the Southern Pacific passenger train No. Salt Lake Sunday Morning. morning he awoke, and as he was (, due here at 7:10 a. m., did not reach afraid he would lose hie other checks Ogden until 12:40 p. m. today owing The Tubemacle choir last night held he gave them to Smyth, the eight to a wreck on the Sacramento division final rehearsal before going to Salt altogether calling for about 3400. the road. of the Lake next Sunday to furnish the muWhen he came to get the checks The body of Mrs. Ann Wesson, who sic for the evening session of confer- Smyth kept putting him off front day died yesterday In Salt Lake, will arence In the big tabernacle. The prac- to day and he could not get a settlerive from that city at 2:15 o'clock Sat-uratice was a most satisfactory one, the ment. Finally he procured the serafternoon, and the funeral prochoir having perfected the five chor- vices of a lawyer and a settlement cession will proceed from the union uses to be sung. The Invitation to was made, Smyth deducting 3152 as the protestors. depot to the Ogden City cemetery. sing in Salt Lake is a deserved compli- the amount due him. ment' to our home organisation and' Is Upon receiving his money he went Have you seen the Princess Chln-quillHURRY-U- P RUN. but returned In the direct result of the fine choral back to the' cut-of- f. If not, visit the Utahna theater is In a the on choir was It that he arwork June. this It In Sunday past see by her her and interesting tonight course of Lake of his Salt outside choir in the and In the trerived Is only a. town, She Indian work. creating Fir Department Called to Sixteenth down he wanthie to been has a sit for that given privilege. City looking mendous sensation. place Avenue. Street and Washington Mr. John J. McClellan in a letter to dered Into Smytha place, entering by duugh-te- d Ella C. Rice, the Mr. Ballantyne, director of the Ogden the rear door.. When he saw Smyth of Mr. and Mrs. T. G. Rice, died The fire department was called out chorus, praises the work of the choir he started to retreat, but Smyth callhome p at their comer to run the to hurry-umake a present Wednesday nlgfyt "Your coming with the ed to him. He stopped and the saloonadds: and trouble. In Layton of heart The body of Washington avenue and Sixteenth choir will be keeper said he had not neard from Tabernacle fine Ogden. will arrive in Ogden Saturday morn- street about 10:40 this morning, where, of vast good to the musical interests Curnuhan. The latter, was with the view remains the friends and Mr. owned email may in a store Mayer, of Salt Lake ing by and and the state, witness 'when City they were In Smyths 12:80 1:30 of between the hours and about forty bales of cotton batting I have sincere In of March. month in the anticipatsaloon pleasure at the Larkin undertaking establish- had caught fire and caused things to said he could work of next Sunday night" to Smyth, your replying ing ment a rather dangerous appearpresent render- not expert to hear from Carnahan to music be is the Following ' from Spring-vin- e, ance for a short time. Five to the Faith," Evan when he had done him up for hie The fire department responded quick- ed: Chorus, True who have done much work for Ogden Tabernacle choir, Jo. money the same way he had done up Stephens, were were not but their needed, services ly, the Utah Construction company, Ballantyne, director; chorus, "Lord of him" (the witness). Smyth then In town over night having come In as Mr. Mayer had succeeded In sav- Heaven" choir; witness by the neck: end put Ogden (Cranmer), grabbed from Ha sen, where they have' been ing lila building by throwing the cotBeloved" him out of the saloon saying:. You Italia "Oh, chorus, Italia, looking over the ground of the Hasen ton out of the room where it burned (Donizetti), Ogden choir; organ solo, s h If you come in here burnsome time. In branch with a view of making bids for getting the John J. McClellan; chorus, again I'll break your d d neck." He for some of the work. Today they ing cotton out of the building, Mr. selected, I Trust" In Thee (Jos. Ballantyne), did not know that it was Smyth's saleave for Idaho to look over the ground Mayer was budly burned about the John selected, solo, loon until, he had entered. choir; organ of the proposed Malad branch. G. W. head and face, the greater part of his Ogden ds Our "God J. chorus, He remained around town for some Mendenhall, I). N. Crandall, J. B. May-coc- k hair being burned from his head. The choir. time until he met a mining man named Ogden Buck), (Dudley Refuge" and J. L. Thome make up the loss was a slight one. although there The choir members will go down Summers, who told him they could la no Insurance on the building or conparty. 10:30 both get work on the construction of at returning Sunday morning, tents. an irrigation ditch in Idaho. KnowSunday night by special train. m THE PROBATE COURT. ing that he was going to work In the A BOOZE ARTIST IN COURT. country, he drew 325 from the bank DEGREE TEAM DRILL. to purchase a ramping outfit, the one Large Number of Petitions Granted toWalter Reed Sentenced to Work 25 Woodmen of tho World Gavt a Splen- he had had having been stolen, This Morning. with his revolver. He also purgether Days For Hie Wife Instead of did Exhibition Last Night. chased a revolver, as he had always For the City. The following matters came up becarried one. Howell In di fore Judge the probate The degree team of Weber Camp, He then started to look for his partone was offender But before Judge No. 70. Woodmen of the World, gave an vision of the Second district court toner, Summers, and got into Smyths mornIn court the police this Murphy exhibition drill and carpenters Washington avenue day: ing and his honor took occasion tq last night underpn the command of T. saloon. InThe painter the saloon attracted hi atEstate of Mary Knabe, deceased, pe- point ont to the culprit Walter Reed, C. Morris. Prior to the drill the team, at work at first. Then Smyth came out tition for prolmte of will and letters of who had a charge of drunk registered with axes on the shoulder and headed tention hands raised and he heard his with Administration with will annexed, against him, the error of hi waya. by Fosters Military band, paraded the him say something about. You here? Reed to the pleaded guilty charge business streets of the city. Com, granted. Estate of Mathias C. Marvin, de- and stated to the court that at times mander Morris brought them to a halt D n you." myself to be In danger ceased, petition for probate of will and he was overcome by an unquenchable Just In front of Radeon's drug store, of "Believing harm." said the witbodily great waa which he thirst, against powerless and to the music of the band the team ness. "I letters testamentary granted. gun and shot. my pulled Crltchlow Jailer Reed's corroborated Estate of Elisabeth Murray Moyes. executed a number of pretty military said be gave the gun he Continuing deceased, petition for confirmation of statement and told the court thnt Reed evolutions and maneuvers with a to a friend, named Oscar Cross, and waa n good man. until he went up sale of real estate granted. promptness and precision that were gave himself up to Detective Pender. Estate of Charles Woodmansee, de- against the boose. Reed was sentenced admirable. The team Is considered He denied being in Smyth's saloon to so 325 sentence and pay suspended ceased. petition for authority to exeone of the best in the order and has at any other time during that day; that long as he kept sober. cute will agreement granted. entered the competition at Lost An- he did not know he had gone Into deceased Dan Nancovich. Estate of gelos .ind should certainly give a good saloon at that time and he MORE WARRANTS ISSUED. petition for approvnl. allowance and account of Itself. A large crowd wit- Smyth's did not Intend to kill Smyth. settlement of filial account and decree nessed the drill mid applauded the by Judge Maglnnls, of distribution granted. efforts of the team. Adjutant Howell the witness admitted that during the Load in Another of Hideo and Brought Estate of Ida R. Dlnsmove. deceased, was also present. The team gives a ten Warranto Issued. days he was at Smyth's saloon the petition for letters of administration dance at Toller's Academy tonight. advanced him all the money he latter .granted. The fact Smyth did not draw his old spent. is that law the or bounty John T. Irvine, deceased, Estate could not. as they were not DRIGGS and checks in still will and be until operation up petition for letters of administration to him. He denied that endorsed 9th seem to hnve been noised May , granted. about pretty generally since yester- Deaf and Dumb School Board Recog- Smyth stated that he had put them In the bank for safety and hnd upday. with the result that the county nize Faithful 8ervice. braided him for spending so much. clerk's office had not yet opened for He emphatically denied that he had business hen Frederick Gieerup arWhen you think of Printing thin! At the annual meeting of the Imard in the St. Louis beer hall that If rived with n load of hides consisting stated of uo of of the Utah State School of 31 coyotes, and 1 bob-ca- t. for which for directors Smyth did not return his money he the Deaf. Dumb and Blind, would kill him. warrants were Issued. of John Watson, Mr. K. F. , officer, and This with the warrants issued yesJoseph Bott. Fred W. Chambers, Maud May Officer Corey. as testified to the char1244 makes which warrants for Smyth terday and the Rev. Peter A. Siinp-kl- acter of the prosecuting witness. have lieen issued since Clerk M.ittsnn Babcock which was held In this city last hns received authority from the state The noon hour having arrived a re2438 Washington Avo. Ind. 882. Frank M. cess was taken for lunch. evening. Superintendent auiiitor to issue warrants. Briggs, together with his entire corps Afternoon Session. of teachers, matron and supervisor trial waa resumed at 2 o'clock. The were miiqminied for the ensuing term. L. E. Abbott, claim adjuster for the This reappointment of the entire Short Line, was sworn and tesOregon force speaks well Indeed for Mr. tified he was for a long time specthat Drlggs and his able assistants and for ial officer on the cut-o- ff and knew the work which has heen accomplished Bottomer weft, and his acduring by them during the past term, mid If with the defendant he had quaintance the recent reports and statements borne an excellent character. made by visiting superintendent from always His testimony as to Smyth's reputaneighboring states can be tRken as a tion was excluded on the objection of criterion Mr. Drlggs Is highly deserv- the WILL FIT YOUR EYES FOR prosecution. ing of the reappointment. Lou Leavitt also testified, but nothGLASSES ing important wns brought out. NOTICE TO CONTRACTORS. In the i me thorough manner The defendant then rested his rase. In rebuttal the prosecution placed that has always characterised Sealed proposals for building the M. Hughe, reporter for the StanMasonic Temple will be received until W. dealings in this establishment. on the stand, who testified to dard. Thursday. April 20. 1903, at 2 o'clock having an Interview with Bottomer FREE EXAMINATIONS. p. m. at the office of J. A. Smith, architect, nt which time nil bid received "If you don't need the Glasses, will be publicly opened. Plan and we don't need the money." specification may be seen nt the otfire of J. A. Smith, architect, on und after Thursday. April 3th. S. LEWIS & CO., JEWELERS OPTICIANS The right Is reserved to reject any Is It tea that makes the Jap? or nil bids. At th Big Clock, Washington Avonuo. B! of order the By Temple Cruft ' Wlvr i!.c I i LOCAL BRIEFS j Yestei day morning after William R. Kwan hud been arrested upon four additional charges, alleging obtaining the money from the state through fraudulent presentation of bounty certificates, he appeared before Judge Murphy for arraignment and the fixing of his bonds on the new charges. At that time hie honor wan not prepared to fix the bonda in the caae and allowed Swan to depart on his own recognizance until this afternoon. When Hie will of the late James E. Horrocka was called fur hearing todisday In the prolmte division of the filed by trict court a petition was Beatrice L. Ilorrmks, through her guardian James L. Wadnian, alleging that at the time the will was drawn the testator was of unsound mind, and that undue influence was exercised by the testator' mother, who Is also named ns executrix. March 18. on Horrocks dledd and on March 27 an Instrument was filed in the district court, purporting to he the last will and testament of James E. Horrock, by Anne Martin, mother of the testator, who is named ns executrix, in which Beatrice L., Horrocks' daughter, was cut off with $1, and the estate valued at about (10,000 bequethed to Mrs. Martin. Borne years ago Horrocks secured a divorce from his wife, and their child, was placed in the care of Beatrice Mre. Horrocks sister, Mr. James F. Wadnian of riain City. .During all of these year the child has been on friendly term with her grandmother, a Mrs. Martin, frequently spending week or so with her, and It is assumed that the provisions of the will are not due to any personal antipathy on the part of the father for hts child, but rather the result of a desire on the part of Horrocks to prevent his former wife from obtaining possession of hi estate, os she might possibly do should the money he left to the child, Mrs. Horrock still being the legal guardian of Bentrlce, although Mrs. Wadman has had charge of her since the divorce. No date has been fixed for the hearing on protest filed against the will. Attorney J. N. Kimball Is representing the executrix and W. L. Macginnls dy TOLLER'S a? Bot-toin- . ed ce Hall This ball will be given for the purpose of raising funds to take the boys to Los Angola to the Head Camp Convention of Woodmen of the World. Come out and give the boV your aid Tickets - - Extra Ladies Twenty-fiv- e . $j.00 Cents eeeeseeeeeeseeeeeeeeeeeeeeeeeeeeeeosi at the city JalL in which he stated the city Jail. The sheriff that he waa sorry Smyth had not been le defendant thnt there ;lon but that he fatally wounded as he shot to kill. h;l got Upon Bottomer bleng recalled, he stated that he had no recollection of having made the statement quoted. , R. T. Harris testified to the transactions carried but between Smyth and Bottomer at the Utah National bank, and also to Smyth's reputation for truth and veracity, which he stated was good. H. H. Spencer also testified to Smyth's good reputation. Mr. Stein testified to having sold TT all right, as the bullet had through Smyth. To this th. flht ant replied: "Well. of It. That's what I went ln them their ca taKe !& Mr. Chex moved that the hr instructed to acquit the drttXi . the prosecution had failed the weapon used or what MmV 4 weapon it was. Howell denied the motion. Judge Attorney Chex then nude hU men of the case In behalf of the defendant, stating that he would prove thnt the shot waa fired In self irf..w The defense was opened by Mr. Chex reading depositions from the following prominent residents of Hot Spring S. D., where Bottomer was at one time a resident: F. G. Osmotherly, of court; W. R. Morgan, treasurer; Henry Marty, auditor; Charles S. Eastman, John F. Parks, superintendent f the Water, Light and Power company, and John L. Burke, receiver of the United Statea land office. They in bore testimony to the excellent character borne by the defondant while residing in the Dakota city. Some unimportant testimony wsi then heard and court adjourned unff 10 o'clock this morning. hiL Bottomer the revolver, and stated that the defendant requested cartridges whep he made the purchase. The prosecuting witness took the stand and gave some testimony In rebuttal. At 3:10 a recess was taken to secure the presence of Deputy Sebring and Detective Pender as witnesses for the prosecution. The case will be argued and given to I he Jury thin evening. Yesterday Afternoons Proceedings. John Urry was the next witness called after the State Journal report closed yesterday afternoon. In answer to Judge Maglnnls the witness stated that he was a carpenter and was working Ht Smyth's saloon the day the He did not see shooting occurred. the shot fired, but after the crime he went Into the saloon to see how budly Smith was wounded, und as he did so, a inan, whom he did not know, went up to Bottomer and said: "Give me the gun, Jim. Defendant gave TOO LATE TO the man the gun and asked him to take him away from there." He did !1M Anot hear Smyth say anything to Bot- FOR SALE Good tomer nor did he see the latter In the dams Hve. saloon In the earfy part qf the day. . Frank Williams, a painter, was also working In the saloon wi the 15Th of WANTED A girl for housework. BH July and heard Smyth exclaim: "D n Jefferson. you" after the shot had been fired. In his further testimony he corroborated the previous witness. LOST Gold brooch with pearl setting, and Sheriff Bailey,' when called to the between Twenty-firstreets. Please return to stand, testified that about half an hour after the shooting he eaW Bottomer tJ Journal office. rk ty ty OJW go-ca- st Twenty-fourt- h SILK ' Cross-examin- f FRIDAY, APRIL 7th cross-examinati- on I, Z. w A Grand Benefit Ball will be giwn t,v tl Degree Team' revorrIdi..the SHIRT WAIST SUITS Nothing more practical or. seasonable can be imagined than our extensive line of Silk Shirt Waist Suits. Elegantly fashioned in the latest styles; embracing many new ideas in the use of plaits and tucks rich j We are now showing a beautiful new line in Chiffon Taffeta that will prove of great importance to those who want an elegant and serviceable garment for Spring and Summer wear Colors are Qreen. Red, Brown and Changeable Effects. Prk5 from $16.50 to $40.00 UNDERSKIRT SPECIAL n. J. S. Lewis & Company $3.50 values in HcQee Adjustable Yoke and Draw String Skirts at $2.25 Fine quality Black lateen, several styles, including the flounce and the gathered flounce widp accordion-plaite- d These are exceptions finished with small ruffles. values and are placed on the table for quick selling at Choice and fSX j id . The lclme in patterns now ready. ator contains all the latest styles, the newest uh shou fancy work and many short stories. A copy in every home. Iriec May Delineator and s.-- J. $2.25 Each W. H. Wright & Sons Co. |