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Show lliDTAlEy CASE ON TRIAL IN PDUCECDDBT The preliminary hearing of the case of the State of Utah vs. Joseph lladley came up before Judge Boeder In the municipal court this morning hadley was charged with a-tsruilt with a deadly weapon but the county attorney filed an amended complaint changing assault with a deadly in slrnment. The charge wag due to an altercation alterca-tion between Hadley and Robert Mr l arland. in which the defendant was alleged to have struck VfcFarland ever the head with a shovel County Attorney David Jen9en handled the care for the state and Attorney T D j Johnson appeared for the defendant Rober1 McFarlan'd, hia sun A brain 1 McFarland, his wife, and Dr. A. A. Robinson, were the witnesses for the i prosecution The testimony ol Hub ert McFarland brought out tlu facl that there had been previous trouble between him and Hadley In regard to the time when McFarland should have used the water on his land. Had ley had turned the water off several times In fbe present Instance McFarland Mc-Farland had gone to the headgnie with Hadley to opeD the head eate, which the latter had closed and had taken an ax to break the gate, it necessary Hadley had tried to clo.ie the head-gate with his shovel, accord Ing lo the testimony, and the old man had shoved the shovel out of the way two or three times, when Hadley became angered and hit him over the head with the shovel, knocking hlnl down and leaving him in a dazed condition. Attorney Johnson, on cross-examl nation, tried to get the witness to change his testimony as to why he took the ax with him to the head-gate but his testimony could not be aha ken. Mr? MacParland testified as to the circumstance! In which she found her husband after he had been hit With the shovel and Abram McFarland's testimony was along similar lines. Dr. Robinson testified as to the sen" ousness of the wound caused by the blow. The case is still on |