| Show ili lally caf 10 THE M ammi tait tf it s session lisaj aiom 9 a ni lloil 1130 ii ill m nilene M mill ir alii 1 bet case the trial ot esra clale for the ler ot jamaca at hooper 18 ago in the birst slay ibah at J A alie court dooin waa crowded with anil alie caad grew in inter tat BS the proceeded celnar baa re by the he tt he sav alie wagon near lie uon liun ting arounia aro unil fondd tia one of huftil ft neck aoka to tha barap the abo vaa about tance or tour rcola from alie bouso to air avans I 1 teB tided th roy best recollection vaa that ODO of the lioret s had a liao Kini to it the animal alio corner 0 alie house here amri vans stated that lie donld ret re t as alio wit new amro Is handry had not yet appeared and ned lie discretion of ilia court in allowed to put eliat on alio stand when eho arrived clr opened alie anse or the ho hie jary on clift killing lie aidin years ago tuinen ere not lien as they are our thriving tomi hii not lien baill it 14 now at aliat hiruo alneil ara eluo he ly the f tin a 8 hool lie WAS a country hoy in ahi or 1870 mrs isabella inlo aliat n tt lie aart 0 alio limes lived in part ns n s aliey ciaio done fenre ahe testimony shows that camo to hooper ith his mother eliat gioie he hail ened cabbe county and that lip was of a wild he had been to montana wyoming Wr Haville and llian to hooper having left the latter place wellsville of trouble in the ainaly ai nily he alere made the acquaintance 0 jane hale of abu defendant wo aull show to you eliat II adry continuously forced liis on alisa hale the consent ot old roan hate air alvans objected to any allusion to this matter ua it vas inadmissible evidence ir to alio court we expect to show that continuous trouble aa rausel old man hale ana james heldry beganie be canie of this that on atia day the alleged killing old roan hala and had an altercation and hale used a that it was caused hy hendry he liaa done and saying that he had dooe it and yon laut help yourself now I 1 think Q hat ha t a tight to show this mr lans objected and quoted as the case lu which judge had excluded all testimony relating to the of de alf the court thought mr bogers not be deprived of bellido the lory expelled to prove as defence mr continued we will bliok that mag a man of depraved instincts jt is harsh to BUY of a man who n dead lit hie evidence will bear it oat wherever a of men appeared in afield there jams hencley bould 0 o and tell of aliat he had done and bo took especial fie sare in it aheu this defendant was pr ardent dent lie bragged about what i lie had done to jane and euid 1 I leavo done sa to jane and 1 am roice to do the bamo to lucy aad old roan i I 1 ale what are yon toine to do about it this occurred not nor CH ie but a acta of limes on the day I 1 speak of had bragged aa former f old mau llyle to him for boua etke tua bad enough for ou to leave done what you bay now keep year mouth chut Her eclied that he mould bot enraged old man halo sized a pitchfork and dwarda JI endry but stopped kendry vibo with ahe colliere ol liere were alien worked on tha ma toioi waa he had line cje took liis pay in and went to aa betsy foa lei lined it iii a well act abat oll man hall was tyrannical at times in hia family and his lial to walk the chadic line when ont to teem we will show that on the of the kilhof old man hale aarno to thia boy and babil get your nn where are you fathers father 1 lit ewt husin air logero loger 3 certainly admissible admi seible evidence it ii declarations the stated that it chero a peron per on who conversation it bould be caf althe res feih ir to proceed boy ans afraid to object to eliat in hia lie knew to be while on their bay they liard mr down ati street alie old roan an oath told the lov to follow when hendry and hia mother alere cra thrace or four aliota tired iloth were armed ditl double delict elict guna so one dinst baie frfd two blote and hie other one or two HAI net been luiere under compulsion bo have been equally kilty with liia faglier fai lier even though iho old man may have cred ahti etiola produced the fatal wounds I 1 think that when is produced jw ft jurys will adint alio de then asked alt lego of tho court to read a of the before crow in order to tont radi t and ain tho testimony of nr 11 E lie was allowed the privilege and read from the minutes testimony lor meily bivon by feterle to hie eliat lie had afkend defendant about he fatti first and afterward laid dont tell me anything if you dont it alm eliat defend biad eaid lie as told by hia father afoa aliat lie had done ula defence alen began iv caldini cal tini belnap lie leali led tha ig about 20 from alie the bagun was abbot 14 or vi houi door it la 75 yarda from tho bruer of alie liouta to nacre ahe aly lay ita testified I 1 am 45 eaic old live at JI removed there la 1871 wag acquainted with james and ara hale aud james was 9 thresh in the tall was working on the machine james hale was present mr rogers what i an thing occurred cherev led to by lie mr claimed it as part of the aft ahe court what time in the day was it witness witness atie tore part of the day the court the aillinn occurred some thirty two hours after was no altercation at the time of the homicide mr bogers we offer this evidencia evid enca to reduce to manslaughter the court well that was exactly what was offered in the case and the trial judge excluded it judice floreman ll oreman no it was not offered to reduce the homicide to man but offered as evidence eviden cn for had it been offered to reduce it to it is not known what the luling of the court inight have been judge read from the court rulings in alie halliday Halli dav case that where the biad occurred the day previous and the deceased waa killed by the wronged husband without any altercation or provocation at the the time he could not be nor would it be reduced to juda horeman still held that the point reducing the degree of the lill ng was never brought to the atten ion of either the lower or upper courts in the case the court however ruled to exclude tha testimony mr rogers then by the indulgence of the court offered a more complete eta 11 ie altercation luteen did man and james II endry the defendant was not present but abe facts mere communicated to him one hour after abe occurrence the offer ai rejected by alie court aa abe trouble which occurred between hie father and the ilay before was immaterial and hence 61 tile mr hunt was from testify inz for the time beiji be iii hale alio defendant was called and sworn lie my name is I 1 yra J I 1 tale I 1 am 20 years lofaso roy fathers bame was jamea bralo I 1 libed iri early on the weber I 1 lived in hooperville Hoop erville was acquainted wilh james hondry knew liim in 1871 I 1 had five slaters at the time martha jane lucy and caroline had ono brother earned alvin during september 1871 jaroma hembry had acme etli me a conversation at thomas Wads wortha bjoro mr r vans at what time september 1871 witness alie same day I 1 think or the day before mr krans we object as it is not shown that an altercation occurred at abe time of tho homicide mr rogers wo offer it to prove justification to reduce the offense offence to manslaughter and aa part of the rn mr evans I 1 am somewhat embarrassed barr assed in making this objection ax I 1 do not know what the offense offence will be but it has not been shown aliat ever eliat any heated blood or passion existed at abe time of abe homicide court I 1 am inclined to bear abe testimony witness continuing I 1 went from borne to get at the store as I 1 came out he met uie at the gate and pushed me back at the same time pulling a revolver around in front of said 1 I understand that your i d d d dad ia going to kill me I 1 taij him that I 1 did not think he dad said atit ia lost for you to get out 0 his way tor he will surely do it he said 1 I wont go I 1 seduced your bister and ill da it acain the literal language used by as given by wilneda is too vile to bo repeated in print a few days before I 1 saw at old man houam he that he had roy bister and deflor alio whole hale to prevent him roe and mike are healed or you and if yon bother us we will blow the top of your heads olp ho baid mike was his brother up to this time I 1 had never gone to school before the settlement started I 1 wag engaged in grubbing and boiling salt 1 tooka dnn had used various times three clince to which I 1 can other times which lean not define whenever I 1 passed lie would taunt with the same worda llie first time occurred a week before soon atter wardi and alie tha same day 0 the shooting or the day before ho had spoken in a similar way to about the same time hi the afternoon 0 sept was cutting corn on the arm saw my father he came to toe in the field he rode up got os hia horse and blood for a moment he then said badale your horsa I 1 said where are you going father none business he answered saddle your horse and follow me and nil questions I 1 did BO and followed him to the house he there gave me a ho kiin doable it waa already loaded at least he did not load it before me he had he jumped on his hoi he and told me to follow bin witness then the route they took to hendris Hen drys house he we got off our horses and hitched them in alio field I 1 did not know at that time what was our errand i father rot off tied his horse and told me to do tho wo took up the lane until opposite aliu we then heard the rattle of a father bald ll endry it I 1 baid yes for I 1 by hia voice that it was james llen dry he then instructed me what to do rave roe Instruct lona to go to the southwest corner of the giouse and watch that mike get the drop on him but I 1 was not to shout unless lie ordered me by toils time hendry had drove in and hia mother jumped off and went in the house vo then ran up to the leonee I 1 never baw jilber alter that until alter the ahot was fired father fired the first shot was then unhooking his team when the fired heir dry started to run father ran out and shot again hali then lial loed Hb oot lie called no name only eaid shoot I 1 ahot fell father was follow bog him up at the last ahot he waa pretty close to him he waa but fell as I 1 threw the gun to my face I 1 took no aim but II 11 had hit him it would have been as near as I 1 can jurgo in the left aide I 1 am satisfied hint he fell I 1 filut find that I 1 did out bit him I 1 liia post him and would have kept but father ordered me to atop and give him tho other load rods him ordered to atop I 1 turned and aired dont think I 1 lilt him lie waa face downwards I 1 waa very excited something I 1 had never beba before I 1 became excited as boon a father began to talk it fathers treatment tome was ey harsh whenever I 1 did not do as be mr franb we object 0 o that testimony aa and haying po beaner on the cabe mr holers we expect to prove eliat old man hale was erv tyrannical and severe and that azra hale uasa quiet peaceful boy compelled by i dread of his father to do as lie ordered sir evana quoted the statute to chow that defendant did not come under the statute making exempt offen ces when committed by irresponsible alio loune man mas 18 years ot ase he vaa only asbed to go by his fattier was no evidence biven to that defendant waa in danger of lna life by disobeying ilia fathera fal hera request con lie could not put in die testimony on aliat point any other crime than murder ho ex used under such circumstances none is justified in alie life of a human beio told by ao bolher to do BU the court ruled that if alio llio fathers conduct WAS so severe that alie defendant was in continual fearnot bodily liann his irate of inny have been such eliat ho vaa really acting under compulsion impelled by that fear alie objection liia overruled witness continued I 1 ather wai a man he was very severe on one oc aaion when I 1 made a trade with a he took me in alin knocked hiie dofan kicked me ben I 1 got up ho knocked mo down as I 1 stepped out of alie door when I 1 got home he took a black cut me ic then doubled it op enock ed loo down with it and beat me when r wai flown at one time lie baruck me with a foot poker in the 1 did not acet over the lameness for mouths lie boat my sisters with a as hell as my mother he would with anything he knocked my mother down att timia 1 got BO I 1 dreaded to sao him come around lio drank whenever lie could beet whisky and was then veryla ioia when ho appe appeared ired in the nel I 1 did not know whether he had come to beat ino or not tie looked as it ho had drahl after the lillin went to conrod sevier county stayed there till 1834 then acut to oregon I 1 went south because my father ordered me to w with him ha stopped at fordeen fore een years then lie wont further south li ia treatment 0 roo down was rough as usual I 1 did not go with him of my own freo will when father went further lie wanted me to CO with liim I 1 I 1 had a family then a v ife and cli ildren at lie time of my arrest I 1 eaid to mr that a man would have done alie same tiling under llie same circumstances cum stances by that I 1 meant alio my bister and the relations between and my faglier fat lier croes I 1 was born in february 1853 I 1 came back to hooper een or twelve years ago I 1 left and returned again in 1888 a month before my arrest after the shooting of james hendry we went back homo did not there father ordered me to put up the horses and come ong with roe we went down in the bend at the hot a mile from atie house stayed there all night sleeping slee pinK on the had hi iun but had taken mine away from me next morning we were ar created by mr and turned over to brown we were kept in custody at ogden burink that day till evening we were guined man named boyea at hooper to baand trial there ou the way down father grabbed moyes and ordered lue to tie him and I 1 did eo we then set him upright fixed alie team BO it would po to town we jumped out and reft him we went home got provisions provi sious while fattier left me at the straw stacle eliat night in the Kay sward field tte traveled ia the night through the outskirts of tho settlements when we left tidle lake we followed up the west side of alie jorolan until city point was reached we met au officer we then turned back under the city point blyeu the next day next ight wo crossed the bridge and followed ow tracks back croniei bridge i from there we cronard to church laland and stayed there three weeks got our provisions an living there wo thea returned to hooper saw our folks returned by the island father then took a shotgun with him I 1 biad no arina from liero we worked our way into the sont lern country traveling during the night aheu wu cot out whore we thought wa would not bs known wa traveled dorinn the day till was reached in moo roe we were known as the but when father wrote biome be went by the name of james walker fattier lived at about seven or eight wan saw him lafit at monrae juit ix aure he left stopped at monroe alter I 1 pot out under fathers control because I 1 ami located them and dad a family when I 1 visited hooper last I 1 did not ayi to I 1 was there on a visit father whipped me on the road down he enough to tike three such iiren aa I 1 and jam our beads together the best day s I 1 have ever seen he whipped me because I 1 did not keep out of fight enough lie bent me to get supplies I 1 tried to get away twice and got the worst of it do I 1 was abaid to ry again I 1 took no steps to place him in the banila of the oali erb he me short time before the shooting till I 1 could scarcely walk I 1 was farming on fathers linn on pave me for the chare everything was under hi control bo would give me properly and then roll or dispose of it as he pleased when he came to lie field lie ordered nio to saddle my horse I 1 asked him where he was glinc he told me none of my beai leiai wu then went to hia second comans womans alioune lie efm a at her diougo lie got two gans he gave one to me I 1 saw a rap on ahe nipple but did not know it was loaded |
