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Show J0I1 JOIIES ISBOUMER SALT LAKE, Aug. John A. JoneB, who, lu the early morning of July 19 last, shot nnd killed Arthur F Sheppard In the Wellington hotel In this city, wns arraigned fr his preliminary pre-liminary hearing before Judge I. .1. Whltaker in the police court, on the charge of murder In the first degree and was bound over to the district court. Judge Whitukcr, in giving his decision de-cision in the matrer, stated that it was only the province of his court to determine If a crime had been committed, com-mitted, and whether or not th facts submitted would warrant him in holding hold-ing the accused. In the present instance. in-stance. Judge Whitaker stated, he had no discretion In the matter but to bind blm oer. When the case was called. Assist- j ant County Attorney Paninl h. Alex- I ander asked that the hearing go over ! for some time In order to give the j state opportunity to present Its caee, saving that Assistant County Attor- j ney Bowman, who had the matter In charge, was called suddenly away by llnces Id his family. In resisting the motion for a con-tlnuonce, con-tlnuonce, .f. M. Warner, who appeared ap-peared aa attorney for Jones, stated that ihe state had had ample tlmo to prepare its case; that for over two weeks Jones hod been confined In Jail without a right to expedite matters looking to an early hearing, without the knowledge an to whether or not he was to be released or held "The coroner's Jury," said Mr. Warner, War-ner, "exonerated the defendant, hence it was right and proper that the state should be compelled to proccei with some diligence" He also staled his witnesses were present, and he must proceed east early Saturday, hfnee the desire for an early trial. Judge Whltaker, nfter learning from Mr. Alexander that the plate wos not fully prepared, but had several, witnesses present, and If given a short recess by the co; rl. that he wouM interrogate them and prepare as best he could in such short time, his side of the case, agreed to the recess. re-cess. The attorneys ou the differei.t side? at once began earnest work with witnesses wit-nesses and preparations for the hearing hear-ing Testimony Introduced. On ceiirt reconvening George Harris, Har-ris, the ex-policeman who trnd arrest-I arrest-I ed Tones, was . the . first witness for the state. His testimony. In snbs'anee, was the same as given at the doner's don-er's Inoucst: that he was employed on ihe Bamberger road., that he bad reen the defendant rush from the hotel ho-tel and how he had caught and he'd him until Officer Cn?spdv arrived Officer Cassnd . who svore to the complaint ugalns Jones, told of th? arrest of Jones, and of his taking the prisoner to jail By consent of attorneys for both sides of the case, 1t was agreed that the testimcnv of Clerk Adatus of the Wellington hctel v. mild be later al-m al-m it ted, when the latter returned from his acatlon, which he Is now spending spend-ing in Alpine. William F. Bangaser. chief clerk In the railway run service, wilh head-ouarlers head-ouarlers il Ogden. was sworn for the defense and gave his testimony in relation re-lation to the knowledge he had of Jones, his character and the like j Lint of Defense. i Two members of Ihe Grand theater orchestra. Mvrtle Cogglo and Eva j Younglale, also for the defence, tes- i titled as to their knowledge of the re- latlons hetween Shenpprd and Mrs Jones, which they had kept from Mr Jones It was indicated from the line of questioning1 of Mr. Warner at this point that the defense would be thit Jones had been unaware of loo Intimacy Inti-macy existing between his wife and Sheppard. and that th? m-r.ler was committed in the heat of passion. It was plainlv shown that the defense would attempt to proe that Jones had been absolutely unaware of anything any-thing between Wrs Jones and Sheppard. Shep-pard. and that when Jones committed the murder it was done, not premedi-tntedly. premedi-tntedly. but on ihe Impulse of a moment mo-ment of mndneos. At this pol-t Judge WhitnUer ren- . dered his decision as given above. |
