Show yav TI 1 ni faal nj frank J and aliens cannon ff ica t S S KENER alpa Lp a but No Murder conspiracy shown the email bromn opposite the mar otyce com has been lir kliu court was with 3 anil y f f v gators bo ya kanii B nii M oli 1 1 vi A aia A 1 arr abid I ireland accordi DH to the aion wan resumed marshal E A ireland was first aj 0 wara t re continental hotel at 7 on atie the I 1 took abua anua custody he was IW ers 1 1 bui and ti ok from it a air varian its a smith 4 wes f rqn resumed Kes umed the pistol is now as il was then the mari lial removed itie and found y and WS handle is of an unusual pattern I 1 iOnti Jike it mr kawlins the purpose of this evidence there waa no b ix A air varian it may not be luata a resumed I 1 arrested frank cannon at the hall diat lie dliah beau tt H himy h imy opinion ha atiat alii pistol isa nevar been ared all around mr IC awline called hid tri peer ahk edaa been worn look a littlee worn leave been earned BIX the chamber and barrels would show it more ahat im benial shortly aft ertho I 1 sav the yi Bide he waa held J jampi l had a little ruck in luu ri lit handa took lr from libin and lave it lo 10 air crai i chambers lin nun lurad around head waiter tn was lold hin U d ui t you with hanu J a ahoi f A d 1 r 1 abiu j itaru lic eruti EB uti voice hetner Het ned to jerk WW WW rr I 1 ahli Kh li alio lud I 1 lea r I 1 liral cah dibi ruck 1 if when I 1 hia liddil I 1 aay it was about two f J U J am leegree of atie ecby J on tam ui cht of the heard frank axinn ai inn make aiu noy thic ian ard niini ical to tell ahe par hall that he waa ai ford cin up mr dickson he fraid jell frank Arn I 1 aoi fald ea 81 chiya I 1 dont know the jaray arlice j wa edere hero were forty others cannon wa branding abune he said tins in a low ln iLof voice to a young man who stood on our ift I ft I 1 had just frail itin tn a lnell to libin dimply in a bi he ypke to attic giuna mariy i ghisi r alj latiol tell faix I 1 am iMil lerl fur daini 1111 he wll understand I 1 had aid frank whala the ler Her said aint 3 ou lie baid oh ila only a lutle fua just then this young was and dont make a d d fool of yourself aud tall faller ft ller whal I 1 hav 0 related to tue city halar M ito I 1 haqq only known way through hidu aj Y conr emani arrested frauk cannon nud took blan to the city hall I 1 Bear died hip at the continental he biad no weapons on him no one assisted die I 1 put him in jail cross waa not when the alowa wag ill a hack and a crowd 1 jumped out and tan alny had brank cannon around the sad no no I 1 aesa dot byad by pd boil taka hii over to jhb cayo up and 1 I au a r I 1 will place him under arre ij I 1 said 1 I aiu a lylice 0 o salt lake city and I 1 have hinti already under th mst 1 I laa of hit left hand all the time I 1 see parker there I 1 any one shake with frank J was backan my at the 1 heard a woman scream I 1 went on and SAW it was mrs lickona Dic kona short instance a man and dickson wa in front of them not frankia tr tta arin ii ed me a rock on alm porch it was the man libin harry ilio boyk may ha vu ayen hiat imp inqiya or po gaab tha Wo kool niile Vi ile in the hotel and told hidu ho had better take cross rm rock wa larno fio that it must bo seen and U A 1 1 john coffee john af ter tha orf the v as iky t table he ahn other way I 1 know ath angus and 5 yu and 7 on the I 1 was at my the defendants were thedac before caw ahn ahre to nether in front of john my blare ali artly after they cotina out of alie saloon as I 1 the two cannons and an anther I 1 in to itka fourth party I 1 should kaw aaen if I 1 saw him he wa n auns inan walh a smooth face I 1 saw chev were drinking anil I 1 turned bacat not wanting to meet th m as 3 i a hitler funny I 1 heard K well boand ROii ofa bit idnia know aliat liat it or anything hh atit ihnow it whoa who a it f avails apen bod I 1 know f ahrn nry in our sor between 3 and 4 Q didie anything byj octa to anad R in silt port of hid tu elicit fl ey cliine to howllie arf out the oba ct conspiracy fons piracy he would chiw 4 paid that alpus cagnon tried to loaded alun shot at two on tbt of the mr for scarly half tin hoier in his objection ina commissioner ruled that the would not be interest of any of the in jhc thc conspiracy pr that U was in pursuance of any common intent or understanding between the buur parties in itself it antto that tone of the Boin clot tion s out adesi itU mr angus can cm asked I 1 apt puch as y re used in whip stocks or blunn him some arft we had bi ft lie fiall ahn do unless he ru wrapped it he was alone cross examined he said bf wha he to do with it he could make the slung shot do bv re wrapping it with hair john Rens brinier I 1 at carters pun store cannon c anie there between 3 4 he he wanted alitt way ol 01 ladny a ahot J au apri fair bra knuckles t ruhh wed hima a pairlie ofle tal iw an fn ut it aside annl eaid he would rail fr it but lie nie the crifo was 1 l carss examine dHe did not eay hg ulio ned J H produced tho rock air irregular o rif n mans hand and aid he bad obtained it nan mr I 1 cleint ron alie odthe trouble d 1 I am oric of ilaf proprietors of the I 1 ity store I 1 aw angus and frank inthe saloon two iiii teiei afternoon or the drinking drink ng dont kno wr huh beuner wa nott liere 1 ifft at 4 I 1 saw iv capon produced M v tufte ylene M etli an object alon froin mr I 1 did nut hear tintie fid frank cannon talked most of the imo to lio beitf a ewt arinter nr inter I 1 t aad etolil hani jie lad been sober a god ing while and if he got to drinking aaen he into trouble adjourned 2 pm at an d w conda an fn the cannon yesterday alter noon the attendance haddan hadd wn aled down 0 o who were cc be present and after aliu us nal anit tita 0 wh i tt fihs ihs datre c alleta mr varian to your testimony afi est besterda erda mr when byoir said that on the of february aregis boi erwi adolinar fr in hat alt he say lie hud for it i mr you want me toj tall aliat hy intended ado ith lf r tf yes I 1 mi witting ire edlio wanted it to buy a pair of brass knuckles ettli wa salone at the I 1 waa in company with a gentleman we jokes atop pw ti at my bilu n ut ra saw 12 ai the had a his posies eion lie called lor two drinks I 1 waited upon him pulled a sun out pocket head t a keil nun la let me take it but he refused to let roq have baked him for because gawuc gaw hc had been was the man blehl tiow angus cannou john the the iq buur I 1 heard no thoy A ith waa in my r in y aagut personally and frank by aleh they were in harveya Harve yi baloom theonne the enne 0 i the they fr armin min abou t iree and let ilbo ui tavui air mr and incao nun boya laid 1 heard Y bo was gottig ii tak drauk jnita hia bad lau cf itald in e to make franka drink a ight one to attend frank drank n hot yel look whiskey annul said mix ho driulini kiive to aan ud ati ini in tho round U tu hi lw anink liti lit inato the anu ta wy ann have kved in alt and n far anuw boy um by acquaint thein n lio baloon ou the we all took a drink together fahad frank said he t 00 hatla HA t la 0 O t IV f WK tl rawl ab petty full but he hoped he would bo H har by as he bud KJ so to the farm aliis said lie had to e amne ton 1 heard nothing about mixing any drinks licht or oilier wire idail not weapons G D was with ancus and prank cannon on tha afternoon in w senate saloon alie other cartiea were also present cros all drank to at alie s aloon notting was aid by cither frank or aligns at the time in reference to mixing jhc thc drinks so far as I 1 heard I 1 do not remember what drank I 1 left the saloon at they were there I 1 left do not iwho the party was nor what business lie was engaged ina found him in atie saloon and asked lihn to drink he wa years of age anil wore a m edward rush am a plumber am by david janics was at the continental on the sawo th alic cannons there at about two other people them I 1 thought they acted rather suspicions a short time I 1 saw b ygo y go up to the clerk and ask for somebody aenus cannon was around aa though he was hunting somebody I 1 heard no I 1 saw them engaged in a incont of the building and north f th c office door wa stalking erb when the trouble occurred I 1 beard the window sma shand then ran out into the street cross examined was at theaon linenthal lin barroom had several drinks t aliat liat dav I 1 did nut keep track chow iiii plit have had half a dozen had about six drink he fore 11 and ona in the afternoon I 1 farat saw aleua and his com at about 5 they came in and took a drink and then came out and went south for a shorttie short die tance the baloon door and passed the office door on their way bali turned their heads and looked iu hugh cannon went into the ollice desk and was thereabout there about a minute I 1 the four of them in aront of the saloon they paired in conversation I 1 dont know what they eaid I 1 was too far away to hear tho worda distinctly I 1 told erb there was something wrong goina on I 1 because I 1 saw angus cannon and the other loafing around thesa loon it is not an unusual thine to seo people sitting around llie haloon ittie ver occurred to me whether my lA Herin about would causa anybody toi have a suspicion or not and idail not care if il did J P Meakin Are drw employed at there on the morning I 1 know genii r and the cannons frank cannon was there alone broin 1030 till U bacr some con versa ion he asked if r and been in eliat morning and I 1 t id him no mr awaa wai away S H gordon am a at the walker w th cannons frank cannon was in the Vail cr hons barber shop on the I 1 d halml lie had a pistol in jil hi cross it was b 10 and 12 in the morning I 1 do not know alit ther the astol produced this in sanie I 1 mere y saw the hand leofa re vilver to the I 1 do no t think I 1 could ue thalian dle rf the revolver I 1 did not take notice it U not an uncommon thing fortrie to sec pistols in the of alio ainne in to get shaved the pistol was produced but witness said he did not believe it was the he had seen if it had been he would probably have the handle a red and black celluloid john M Young Know uie can I 1 aw angus cannon in the afternoon of the ou dilliot non angus cannon was warda alie herald I 1 suppose nona are cousins frank is a son of george Q and angus is the bon 01 I 1 did bliem together idu saloon to ask for aidy mr that ia all we have evidently been by somebody T J A wait occurred for mr whom mr meakin had been aked to send down he relieved him he came in and was sworn John LoHin waa at my saloon on the afternoon of the frank came llie re about 13 tia lri about 2 angus kenner and two lotheia were with him when he came in the last lime the people ith hi vere young men kenner and the can none had been in had a conversation between themselves I 1 did not hear mr Dick sonn minie mentioned I 1 dill not hear them bay any as to what they intended to do I 1 ea Ken nerin the saloon with os three ti ip corosa e who pome in wit tithe cannons and kan nee abot twenty five years of ae they may hayo haa beatch or a moustache TO ir denney when frank came in farst calder and kenner were with him at ahta point that he had no isioro testimony aft offer and mr kauna lad y noo L mr staked forth discharge ol 01 mr Kf toner mr varian 1 abhau consent to that t a goins tp W was qi holu ly kenner I 1 teother th other tw bp held fon conspiracy aar or cleate abero la not enough evi to do fenU anta ig chiot diero 0 o p t ity to alio llio fait fai t us an andrt to waa n ir he ia thai kind ft n who alo elonor anun i 0 alm inh nu t bt wt all 4 no lu atiat abua anua did it only utter hf lati ian h ho biad bern been in aj loons eliat ho had madelin artto stiv ihal h nu mr icban whiled A waa S had a pistol but lie made no effort to u e it if he had desired to eilf dirk son he easily have done so sheaf remark apply equally to frank cannon them is no i evidence that attack on sir dickson was ever disclosed to cit herthe attack on dickson wai not investigate dit was the charge of conspiracy the attack of itself wa nothing more than ordinary case of assault there has been n feeling of alarm growing out of it that was entirely unnecessary no io fuche r than I 1 an fn the alio attack public offlie era for the prompt herfor duame of their duties if the matter had forno up im the police court tt would have been as an attack upon an ordinary individual and that is the light in which we should view if They cannot bo punished for an assault upon sir dickson by hugh if ther had been si confederation there would have been nome demonstration and had the object been th murder of alie attorney alie defendants had ample time in which tOi carr their plot into act the is who had intended to do such w or as is claimed by the prosecution would not have acted as it has been shown these defendants did would they have gone around in the day time asking fontec loan of money with which to purchase brass knuckles slung shots and other weapons oade fene if murder had been their object hardly I 1 think blather would they haya selected the darkness of the flight aad boac other place than the front door of a public hotel if there had been a conspiracy ons piracy among them why did not frank land angus attempt to escape but one of the three fled an he got away as soon as his object was accomplished hie work he had intend edthe assault there is lothine reasonable that could grow out of alie evidence to show are charged agree with mr rawlins in from i thin which would unil in do wee to unduly arasate ar avate it I 1 believe thabit has been done I 1 do not dedire ari uny degree to aggravate jhb of any circumstances choti may be surrounding it the question ia whether there is a proba ble cause for theae two defendants to bo sent to the arand jury it in charged in the complaint that they combined and confederated con to kill it is immaterial what the offense is they intended to commit so long as some criminal intent the gist of the loll 1011 ense is th e unlawful asree ing to commit ft crime u hether it bo A aelony or not ia aoi material I 1 bea lieve there is more alian probable anise to hold aliese I 1 believe they did attree ta commisa com mita crimo upon body of V ll davk son wo find three or four at thi continental what did they KO thero auf frank annus and hiah aliey re there haunting tho corns hotel and uli their actions that they had a common object in there ia little doubt but ihly were looking for somebody we come to iho tarso partite were there for a a there was aai assault inide by tine or mora ull heinon mi assault wa tarried into effect frank had ono in with tho man hugh il at hanh alien the as exult tock platte not far away take the a whole and what was the motive and purpose young men in going they went biere for the purpose of bringing about a with the district object was in doubt they any resist anac to the death ifft j were necessary pistols were not want iiii loaded and charged to atha muzzle andua 3 the only man who a weapon t true but franl had conein the afternoon and there is no telling what became of it in the evening wujen ho was alien nio the arna 0 ml friends I 1 am not pre daml id nay liow got there arid it is immaterial doubt as u intent ih era is no doubt as to tio p II 11 is irue only ono roan did the but the detira arc equally guilty heyd ded and abetted the who f ite the blows if his Is not evidente of a a 1 I da not whery vo can KO to beit asks alie court to hold cause to hold the defendant anthe chargo of conspiracy I 1 do not cart liovvi hold it Is to murder or assault with intent to do bodily injury liceria made out commissioner critchlow Critch lw then hem n fab stance as follows Is duty of the hold tho two ro ina inina conrede rank waa present at almo wan DO for doubt but aliat liat he knew had upon dickson the evidence noes to prove that under the nuion of the word cor spi racy it anerd nerd only to an agreement had been anauo to do criminal t Icho yoe 0 anut 0 o he with hugh cann ap and prank the fact abat ho was riot there kofl |