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Show WITNESSES TESTIFY IN PHELBRQOK MURDER TRIAL I The Philbrook murder trial was re-! re-! sumed in Judge Nathan J. Harris' division di-vision of the district court this morning. morn-ing. All of the witness for the state, except the officers, State Chemist Herman Harms and physicians who will be called to the witness stand, wore required to remain away from the court room. Those excluded wero James O'Brien, Fannie Dawson, Alfred Al-fred Dawson and Fernando Ellsworth. Ells-worth. D. R. Chrlstensen of Salt Lake was entered as associate counsel for the defendant and it was formally announced an-nounced that JoBeph E. Evans, county ubiuiiiey, win iuu m tne prosecuuon. Attorney Ohristensen objected to the introduction of testimony on the grounds that the information does not state a public offense. The objection was overruled and the state proceeded proceed-ed to examine witnesses. Officer Richard Pincock testified to finding the body of Quigley at the rear of the Senato cafe at about 2:15 nVlni-lr (-in iVi,-. mnnt - a t.. tn ..wvsu. uu mu inuiiiiiiu, ol J, Hillary j.i, 1916, explaining that it was lying flat on the ground, face upward, and that the coat was pulled up under the arms. Mr. Pincock also stated that he and Officer R. H. Wootton briefly examined the body before sending it to the morgue and found a number of bruises and cuts about the head nnd face. Officer Wootton corroborated corrobo-rated the testimony of Mr. Pincock. L. W. Larkin, of the Larkln Undertaking Under-taking company, testified to conveying convey-ing the body of Quigley to tho morgue. In his examination of the body, he said he found a number of cuts and bruises about the head and face. In his opening statement to the jury this morning Attorney Chrlstensen Chrlsten-sen for the defendant stated that ho would likely not place any witnesses on the stand, but would rely on those called by the state for the facts. He said that the witnesses for tho state would not testify thatt he defendant administered poison to Patrick Quigley, Quig-ley, but was at the Dawson rooming house at the solicitation of James O'Brien. He also said that it was quite certain that the testimony given giv-en by the state would warrant no other conclusion than that Quigley died of alcoholism or other ailment, as ho was in the city for medical treatment. The attorney stated that the doctor who examined tho stomach will say there was no poison in it and that it had been discarded. Speaking of State Chemist Harms' expected statement state-ment of tho test made of tho various organs of Quigley's body, he said that it would show that there was only 1-80 of a grain of morphino discovered and that that quantity would not kill an infant. He also said that it would be proved that the bruises on the man's body were made after death and that had they been Inflicted before be-fore death they wero not sufficient to cause death. Jurors Selected. At about 5 o'clock last evening, the close of tho day's session, the following follow-ing jury was sworn to try the case: David J. Johns, Joseph Bullough, Solomon Shupe, Jesse Fowers, Claude Armstrong, Alex Leatham. C. F. Mortonsen, F. F. Towns, D. J. Ham-raon, Ham-raon, Thomas England, H. W. Beckett, Sr., and W. A. Reeve. Two bailiffs were swonf to take charge of the jury and keep them together during the time of the trial. By consent of counsel, however, tho Jurymen wore advised that they might visit picture shows, theatres or other amusoment, If they refrained from talking about tho case and would not permit nnyono to talk to them, or In their presence, respecting respect-ing the case. Afternoon Session. At the opening of the trial of the case this afternoon, James O'Brien was called to the witness stand for the state and he reiterated the story he told at the preliminary hearing with but littlo, If any, variation. He stated that, on January 18, he met Patrick Quigley on Twenty-fifth street and directed him to the Daw son rooming nouso at awz wnere ue engaged room No. 3. O'Brien was rooming at tho same place, his room being No. 7, just across the isle from No. 3. After engaging the room, the witness said he and Quigley, tho latter lat-ter having a $10 bill cashed. Quigley was already intoxicated and the witness wit-ness had been drinking. The liquor was taken to Quigley's room and the two then again went on the streot, getting more to drink at the bar. They ,walk;d west on Twenty-fifth street, attending a plc-tuer plc-tuer show when they met tho defendant defend-ant and Richard Powers. The defendant de-fendant Invited them to return to tho Dawson houso and have some beer with him. Tho four men then went to tho place and all wero Invited into the living room at the rear of tho building on the upper floor. A phonograph was started and come of the party danced. Tho witness wit-ness said that the defendant Berved beer, Quigley drinking a part of a glass and toppling over immediately after. O'Brien oxplalned that Quigley Quig-ley waB limp when ho and the defendant de-fendant reached tho chair in which ho was sitting. The witness and Philbrook carried Quigley to his room and placed him on the bed. Threo bottles ot beer wero taken from tho bureau drawer. One was drunk In the room and tho other two taken to the Dawson living room where they were emptied. After remaining in the living room a Bhort time with Philbrook and Powers, Pow-ers, and members ot the Dawson 'family, 'fam-ily, O'Brien Baid he retired. Ho had been in bed some time when Powers and Philbrook appeared and awakened him, the latter saying: "The old man is dead. I think we had better carry him out." The witness dresBed himself and went to Quigley's room, where Philbrook Phil-brook Was putting on Quigley's shoes. The witness did not know when Quigley's Quig-ley's Bhoes were removed, as the man was placed on tho bed with all of his clothes on. Philbrook opened tho door leading down the back stairway of the place, Powers and the witness carrying the body to the oxlt. On reaching the door, Philbrook took hold of Quigldy's body to aid in carrying it down tho stairs. O'Brien said that he stumbled and losthls-holdon tho body, causing it to fall to the steps. He returned to the kitchen a moment and, when he returned, the body was at the foot of the stairs. Philbrook still having hold of the legs. " From the foot of the stairs, Philbrook, Phil-brook, Powers and O'Brien carried the body to the rear of tho Senate Cafe where it was left. Tho three raon returned re-turned through the rooming house to Twenty-fifth street, whoro they walked walk-ed nround a short time and then went to Philbrook's rooming houso in tho Wright Annex, on Twenty-fourth street O'Brien said that when Quigley was taken to his room in the ovening, Philbrook Phil-brook was soon to have a Ted tobacco tobac-co sack which contained ?9 and he placed ?4 of tho money on a table in front ot Powers and retained 55 himself. him-self. The witness was requested to take some of the money, but he re-fuBod. re-fuBod. Later, however, the witness Bold, Powers gavo him some of the monoy. The witness said that Quigley Quig-ley carried his money in a red tobacco sack when he purchased liquor at the bar. |