Show THE IMMINENT TRAGEDY ogden III Feyer isit excitement A lawyer nn an anti ht and a rum at logger heads 7 I 1 I 1 11 On Monday after afternoon noon ath mst ilist george J marsh lawyer of willard mado made affidavit before 17 S commissioner D W felshaw charging andrew J kershaw of this city with assaulting him with pistol gunpowder and cold lead in a deadly and desperate des crate manner the case being sel set to for or b hearing earing sam 0 a afternoon fler noon at request of the defendant a postponement post In ement was had bad till 2 tuesday ath at 10 am when J McKnight Esq of salt lake la and e city appearing for the defense and aty aest US US sLAtty Di dist atty J IV kinsley and H IV 0 margary for the prosecution on motion of counsel for defense william lowe esq was appointed to inako make a shorthand OF THE TESTIMONY mr marsh tho the prosecuting witness was first called to the tho the other witnesses being by order excluded from the courtroom court room john horrocks Hor charles horn james L dec dee and J D malan were also sworn and testified for the prosecution their testimony elicited an ex tra ordinary condition of affairs it seems that mr kershaw and mr jas L dee had for several years past JOINTLY OWNED the premi premises seg situated immediately north of mr Ks present place of business third door south of car rolls livery stable main street I 1 occupied as a barber shop A few dauw prior to this outbreak ker had bad erected a partition separating olio tho rear of his own from dees portion of the building the following morning mor upon coming into hia his shop kershaw aw found that his partition had bad been ruthlessly ruthlessly ruth lessl y demolished mr K at ordered his men to replace the partition marsh countermanded THE ORDER and said the partition should not bo be put up again denied Kershaw Ker shaws 9 ownership or right to the property threatened all sorts sorta of calamity if the partition business was not stopped both parties were determined to hold the fort and tb thus u 8 matters drew on toward a crisis on monday morning last when n mr kershaw came to his shop he found the front door of the barbershop locked and the barber becam eed ped being unable to find the barbar arbor or tho the key kershaw en tho the barbershop barber shop through a rear door having determined upon his course of action in the premises he also set his men at work to re erect the partition which had been twice torn down by THE OPPOSITE PARTY at this juncture mr marsh again came caine upon the scene commanded the workmen to desist fro from in putting utting up the partition threatened zo dire vengeance upon all refusing to obey his orders said he would tear down the partition again I 1 would in else or otherwise summarily sum maril y impale the impious insurgents who dared to wi withstand his imperial behesta behests beh beli ests took the names so far aa as he be could ascertain them of those he had marked and designated for tho the block and as the unfortunate re res now so soberly berlyand and soler solemnly hn relate sent to tell the headman to make ready Q QUICK THE SLAVES SLATES SHALL DIET meanwhile giving final orders fur all persona Kershaw Keral law especially to d disperse Marsh proceeded to close close and securely fasten the back door leading from the barber shop into the rear of kershaws Ker shaws plumbing and gas fitting place kershaw ing i this pushed the door open again which mi ch was as suddenly and forcibly closed by marsh and K pushing himself into the opening effectually prevented him from again clodin closing 9 the door whereupon marsh raised a hatchet over K E a head as though determined to act himself as tho the executioner seeing that he was about to bo be decapitated kershaw fell back a step tte drew a pistol from his pocket nat and at once MARCHED ON HIS ASSAILANT upon which wh ich marsh valorously re d behind b tho the door to await further developments expecting momentarily to see a bullet splintering the door and crash crashing ing through his legal arani cranium considering tho the dangerous um and desperate characters of the belligerents matters for a few moments wore a bloody aspect the copus lace see rushed to the spot death and desolation wore were impending finally a valorous young Og denito electrified by the horrifying PROSPECT OF CARNAGE after calmly surveying the field of conflict for five or ten minute z kershaw Kera liaw all the while holding his death dealing repeater within a few inches of marshs marahs brain who trem bling and quivering in the connul sion of expectant death stood like a statue without breath or motion quietly hinted to kershaw that lie had better put up his shooting i iron ron as it might go off which he be did and the war was over and marsh came from hia bla retreat and BREATHED ONCE WORK recovering his legal ega 1 9 t mr marsh betook retook him himself self to the U S bonim commissioners office and tiled f hia his complaint as heretofore stated the hearing of tho the tes testimony for the prosecution occupied most of tuesday after arter which cihi defendants counsel moved for a di dischar 1 eo ON VARIOUS GROUNDS I 1 I 1 I 1 among which were vant of venue on marahs marshs affidavit failure of prosecution to prove their corn com plaint want of jurisdiction by reason of the statute prohibiting any person from acting in a judicial capacity who has a law partner etc the latter point is undoubted undoubtedly y conclusive as col Fels felshaw baw t the be commissioner is a member of the law firm of felshaw dean the commissioner however said he would take the chances chance sand and overruled the motion for disc discharge harge at 10 this morning the counsel for defense renewed his motion for a discharge filing a new motion raising additional grounds but the commissioner declined to entertain the motion MR KERSHAW was the first witness called for the defense his testimony being substantially ly as s above related the pistol used by him hini was produced and offered in evidence for the defense A more complete defense to tho the charge of assault with a deadly weapon apon could scarcely be conceived this deadly we weapon n af pf consisted one of a small vest pocket po ladys adys single silvered toy more moro worthy the name of a popgun pop gun un than a pistol yet it seems to me have had bad the desired effect upon THE MARSH as upon ili presentation he be suddenly subsided to effect which could have been the only possible purpose of mr kershaw in the use of such a thing as it was deadly a weapon as a stopcock stop cock or a pack saddle upon the introduction tio of the pistol causing all of mr marahs marshs consternation and upon the drawing of which he baa has found founded ed his array of all th the e power and paraphernalia of the highest criminal preliminary jurisdiction in I 1 the territory 1 0 THE COURT COUNSEL and auditors were convulsed with merriment this was tho the climax of the minh fiasco conclusively showing that hat either mr marsh was engineering a very questionable caus eor was condescending beneath the dignity of an attorney attorney y in in as suming the active role of a bully or bull buu bulldozer dozer while his principal ke kept I 1 far in the background back ground ab ably FY laughing in indis his sleeve and admiring his attorneys attorney 8 SELF sacrificing DEVOTION this afternoon the defendant was discharged after the pleadings of the counsel A |