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Show PRINCIPAL TO BE TRIED IN HIGHER COURT City Judge Orders Christen sen Held; Statement of Dead Man Read Stating that the court was without Jurisdiction to hold the defendant for trial in the district court on any charge excepting that In ine complaint and that even though the district court had admitted the defendant to ball on a continuing bond, City Judge L' R Roberts In the oily court Tuesday afternoon bound M J Christensen o. r to the district court on the charge of first douree murder and remanded him to the custody of the sheriff, who released re-leased Him on the same bond that applied ap-plied before his hearing, i Attorney George Halverson argued that inasmuch as t lie c .,b n -e brought ioiK In the preliminary hearing was to j the effect that a group of young men ; bad conspired tc heat up the schor l principal and had lain in wait for his appearance he had been Justified 'In protecting hinnelf even lo the extent ex-tent of taking life He quoted from lhe case of the People versus Oleson reported In i Utah, to thai effect declaring de-claring the ruling had been laid down by the supreme court WW E IN I l RT. The court room was crowded with spectators .c' :,;'-(i behind ih- defendant defend-ant was Mrs; Ohristenseh with her b4by and grouped around her were n ii oilier of her friends and relatives. Present lso were numerirus relatives rela-tives and the parents of Lloyd Byb.ee. Appearing with Attorney Halverson for the defense was Ii. K Pratt ami Conn, ty Attorney David J Wilson was assisted assist-ed In the prosecution by Attorney Joseph Chez. The testimony of Pr Leonard Jf,n- kin.'. wh with in F. H. Duinke was' called to attend the injured mnn, , re.ite,! sop.euh r of a sensation when be 'old of the young man's exd. , m ill, i-ll, n after seeing the wound In his abdomen. According to ir. Jenkins. Lloyd Bybee exclaimed. ! "1 would like to see the before !l go." J Deputv Sheriff Ch irks Rlncock teS-J tiflcd to taking the gun from Christen-v0n Christen-v0n and arresting him after he had telenh'ne.i to the sheriff's office that he had shol a man. I IRMIfilt LOAN6 GI N. I William Stoddard. B farmer residing at (Jlntah testified that he had loaned Christensen the revolver during Octo- iber when Ctirlstensen had come to his louse one evening to gel a bucket ofj water He Btated that he had not asked Christensen why he wanted the revolver und that the school principal h.ui made no explanation Sheriff R l. Pincock testified that he fiist saw L-loyd Bybee at Orln By-l.ee's By-l.ee's residence where the bo had been tarried after the shooting He testj-flsd testj-flsd that he had ridden with the ouni; man in the ambulance to the Dee Mc- I mortal hospital He then told of the physicians informing in-forming him that they were preparing to operate on the young man and tha' if he wished to get a stiitoment he had better gel It before Ihe operation. H--testified that that conversation did not take place in the presence of the wounded man ST. VI l .M I N I R1FI K He then 'old "f asking Uoyd Bi.ee to tell him all about th case and explained ex-plained that he questioned the youitgl (Obntlnned on Pago Fwo.) 1 v PRINCIPAL IS ORDERED HELD Sheriff Releases Him, However, How-ever, When $10,000 Bond Is Approved (Continued from Page One) niun and roduced his statement to writing in the presence of Norman Bingham nd the nurse, Mis Simmons Neither Dr. Jenkins nor Dr Dumke were present at the time the statement state-ment was inad he said Questioned as to whether the young man thought hi' was going to die when he mude the statement. Sheriff Plncock salil thnt he rllrt nnt h1lv SO, that hi had not told the younfr man I Unit he was jn danger of dying hut I that It would be better to get a state-Iment state-Iment of the affair prior to the operation opera-tion l o testified that Lloyd Bybee had not signed tho statement because of the pain that he was In at the tlm- County Attorney Wilson then offered offer-ed the statement in evidence which was admitted. Attorney Hnlverson stated, however, that he would resist tho orferlnK Of the statement as a dying dy-ing declaration, but would agree to allow It to be admitted as evidence for v.hat it was worth, but not as a djinc declaration. WARNED OF D WGER. Urin Kyheo, to whose home Lloyd Itybee had been taken, testified that the doctors had stated In the presence "I th" oung man at th house and before he had lx. n taken to the hospital hos-pital that an operation would ho neces-Sarj neces-Sarj and that It might result seriously. He testified that he hud stood In thi doorwaj ' bh hospital and had heard th- conversation between Sheriff Sher-iff plncock and Llnyd Bybee when the Statement was being taken and that nothing had been laid relative to Its helne a dvine ilieluratlon David Penman, also known In I'ln-tah I'ln-tah a-s 'RUsty" Penman, who, duiin the forenoon aeaslon, testified that he i had hidden n the brush watching th'1 approach of Chrlslensen on the night I in Question and Lloyd Bybee was lawaltlng him, was recalled and testified testi-fied that he was present at the home Of i rln Bybee and had heard the physicians phy-sicians talking diuui the operation but did not know whether Lloyd Bybee h'.ard it or not Chrlstensen was released from the count Jail late yeslerdny afternoon on Ithi old bond of fio.oon. signed by five of the residents of the Uintah district and approved b Judge James N Kini-bal Kini-bal of tho dlPtrirt court. 1 1 Y II 1 .1 S 8 rATEM I : SI . Th tat moht of Llod Bybee Intro, duced as evidence follows March 23. 192J. Statement made h Lloyd Bybee, ag'Mi 18 ears at tho Dee hospital at 1:80 a. m., In tho presence of Normal Bingham und Miss Simmons About two rncmth.s ago he Chris-tensen, Chris-tensen, was telling the lady school t'-achrs, kfelba Bybee and Docio liob-Ins, liob-Ins, tnai 1 had a bad reputation and for them not to go out with me. I n iked bim about it Wo quarreled and threatened to fight. 1 have not seen' him to sjniik to him until tonight. ll was going down to the store to get soith oil foi shoes when Rusty Pen-roan Pen-roan called me and told me Christen- .. A . T I-,-., . . I w 11 V, UUIMI IU Lj j I ' 1 1 1 D) I'd' S. 1 " ; went over to where the rest of the ho.-IWero ho.-IWero and then we walked down the I road My brother, OrVille, and Dave Penman and I were aheai . We met him right near the Fretwell corner When w- n", 'lirlst'.-nsun lobi me to Stop) that If I came one more stej) h- i w ould shoot. I took one more st-p and he fired. He then ran down th road " I "When you quarreled about two months ago did Chrlstensen have a gun ?" 1 t he did I did not see It." ' lld you talk any about fighting f'niffht when you met Chrlstenfcn ?" No. I did not speak. We were j 'both In the middle of the road He! jclld not seem to want to give the road for mo and I was not going to glv it to him." "Have you ever quarreled at an time clnce about two months ago?" "No." "Did you know he was carrying a Run''" "He had a fight with Orvllle Sunday Sun-day and pulled It on him then. I heard that he had borrowed a gun from William Stoddard somo tlm-lago." tlm-lago." "Who waB with you?" "Dave Penman and several other boys, my brother Orvllle Bybee. Victor Sundburg and Byron Bybee." "How many ahots were fired at you ," 'Just one " "Were any more shots fired? ' "Yes, two more." "When were they fired?" After ChrlRtc-nsen started to" Tun I think they were fired at Orvllle " "About what tlmo was It?" "It was about 7:30 p m " "Was It dark"" vr ),'- getting darl. " (,tiigned It. F P1NCUCKL |