Show acal I 1 WS 6 I 1 1 I 1 the jury secured in tale murder case I 1 I 1 I 1 ONE HEARD I 1 I 1 I 1 al W 1 A special session of the city council I 1 I 1 THE DECISION r the mandanici iii cae rill he carried to the supreme court IT SHOW l blitter ilive some ale rotte dingi I 1 COURT I 1 the hall murder cue the jury com one examined court 0 bened yesterday dec at 10 m jero brown convicted of battery aitto striking jame i horrocks our the heid with a beer glass was call ed for sentence defendant stated that the complaining previously threatened drawn wea and in th conr the court held that defend ant was not acting in self defence anddie not halve sufficient cause j use the weapon he did also that it must be remembered that the bustness defendant was following made bad men and the same decorum expected in s church could not be demanded in a baloon ile was gon fenced to pay a fine of 50 and costa the murder case was resumed and the of the jury con tinned the following seven jurors were called wm sharp joseph smith E A wattis geo burro we 11 0 thomasson Tho massou and C 11 bevans this exhausted the regular panel and the open venir 6 w as resorted to all the juror cal led from that panel were as to their statutory qualifications besides the regular examination which occupied time from this panel J U slater was called making eight jurors to be exil mined win sharp had been a member of the grand jury which found the indictment a d he as excused E 0 cattia was wi dil acquainted the deceased bad a fixed as td the guilt or innocence of the deien dint and thought it would interfere tits rendering a just verdict he was excused 11 0 thomasson was not op to capital punishment air cimball fasot his lawyer n e ver nead eds lauer r clark you never bad need of an I 1 11 no air I 1 fr clark well you are fortunate ha was passed for cause as were the other five jurors but the following were peremptorily challenged and excused frank williams by the prosecution and it 0 geo and joseph smith by the defence the other two jurors 0 11 bevans and J H I 1 clater were sworn giving six brors secured six other jurors were called they were I 1 S spaulding E bi h D 1 E us go idich awell T B B a me 9 and stobert davis T B barnes stated he could take the registration oath or adiv other oath and was othir qualified a juror 1 0 spaulding was acquainted avith deceased wits related to him in a roundabout way his cifes brother mar a sister of deceased had a marrieul fixed C pinion based upon the alleged an t of facts could give a v er diction 0 further evidence was int to deuced lie was challena chal leng ed the other jurors were for L 1 ensign was toily by it lie prosecution and Richard ilowe 11 by the defence the other three were sworn nine ju rare thus living been secured the fol three jurors were call lowin ad ba i ey henry white audi samuel allen sam ue I 1 allen bad formed opan ton and was ready to express a at any time it would take evidence remove his opinion as it was fired lie was win dailey was I 1 ked by the elution what office he beld irk abo church to which be answered im a seventy ito was paea I 1 cause amt 0 m bt the prosecution afie do glenry was asked by finco if he was a member of the mor church to will C h he answer edg mon yest on 0 ry challenge he waa excused by the P if L mann 0 L ba botard and cleber hartog were called heber hartog was acquainted with the facts its given by the newspapers its had a fixed opinion and was I 1 ready to render a verdict as to the goat or innocence of defendant 0 L barnard was peremptorily 17 challenged myths prosecution and L mann by the defence three jurors were still wanting stud there were but alx names in the box lich side wits entitles to 15 peremptory per emptor y challenges the defence had exe rc ased 12 and the prosecution 10 lea ing eight I 1 er emoto ry challenges an open void re for itla jurors returnable at 2 p za was issued anil the court I 1 took recess until W A house U 0 o U r orson shaw ILI d aug nichols sr were called fabb juror was pill sod forc auRe beit challenge the nee an excused daou s shaw this ms do alevo an J and left the defoney D but to exer alais clais ia Wil sout was called and sworn ta 1 I filled the panel the jory stand as follows 0 11 ing iteen thomas james walton aubart Fraz tei C 11 bavans J if slater I 1 E I 1 1 imbat B barnes ito bert day is N A louse aug nichols b lar and P N lad bee u examined ia order to 0 e cure this Jury idaa it the indictment w as then charged the defendant with murder committed by prem killing I 1 win 11 bybee an tho loth day of kalfe apa IM I 1 by stabbing him ill a the following vii nesses were called john T clark ira E Spaulding jene stevens frank clark 0 it beinar dr 11 J Po viers brigham john 0 thompson dabid it bybee moran brown it at biro lucinda bybee david barns solomon stevens for the prosecution and wason hunt warren G ceilla frank barrows dr a AV Pork insI mrs son william for the defence these witnesses were then excluded train the court rodin to be called as they were needed Ai prosecuting attorney og den hiles stated the case to the jury ile said defendant was char red with the highest crime known to the law if I 1 steal your property I 1 can make reparation no so when I 1 take human life lie stated that in the laws of the territory were found the barges of murder in first and second debrea voluntary and manslaughter it mattered not what anyone should say during the trial only so far am it would assist the jury in gutting the truth lie was not a persecutor of defendant but simply a public prosecutor riot an attorney for plaintiff but a prosecutor rosec to see that justice was none abid if he knew of any fact in favor f defendant it was bis make it known and ho do so stated it should b clearly re that defendant was entitled to the presumption bf innocence until found ity there must be a feeling of bitonti t y attendant in this case murder ij defined as being taio unlawful killing of a human being with malice aforethought ia the first degree by poison laying in sit or perpetrated dur lug the I 1 an 0 er crime in the second degree killing with malice but wit holit p rem ita tiou voluntary man was killing a inman lug without malice in the beat of passion involuntary man a laughter was accidental killing with out malice without premeditation and without pinion lie then explained the meaning of homicide on the day of april win BI bybee the deceased was pasturing some sheep on the range the land be ing claim d by defendant on the morning of that day defendant do banded that lie remove his sheep bybee told him to sue for damages and if they were recovered lie bowe would pay them hall exclaimed any man that will pasture his sheep 0 n another mans land Is a dirty lottey e n of a b h bybee string by tto vile epithet clinched the defendant and throw him down and struck him hill struck bybee with a knife in the stomach twice am soon as stabbed bybee cried to boy john T clark 1 dihe abbed send for a doctor this as done and bybee was moved to the house of john T clark where be died of the wounds we expect to prove malice connected with the killing you must determine whether he Is of in the first or second bilty agree or manslaughter we expect to s how that in no degree was tilh killing when we show you that this defendant tided a wea n on a young man after having brov or ed an assault on himself by his words we shall ilsk for a verdict of an bulaw tot killing in sou degree until I 1 have heard the testimony I 1 cannot da cado upon which degree in my judg ment ou should find a verdict tile witness called was john T chatir lie te stifled that lie wits 17 yes of bigej lived at hooper had lived all his life in utah knew alark 31 bybee daring his lifetime first knew win eight years ago was working for him on the lout day of last april herding sheep on uintah flat saw defendant on that day witnessed the dispute between halt and bybee that day on the store mentioned flat it was after noon IT sent him out with the sheep while he was gone away tall came up bybee came abe same time hall told witness to keep the sheep off the land bybee told him to find the damages and he would pay it IWI called bybee a 9 n of a b aby bee clinched hall and grasped him by the head and throw him on his knees bybee struck him from behind hall struck backward I 1 saw a knife then in halls hand only saw him strike twice after hall struck he got up bybee called to me to go for mr clark its lie stabbed did not see defendant D it after fter he got up on life feet after witness cam e back with clark he said go for the doctor al atness did not examine bybee but saw blood near big stomach mr clark returned with witness babeo was then n n his knees a bunch of oa karush ile palo and sick he made no statement as to his suffering did not see bybee any lay summoning a more that t after doctor here digness Dit nesS WAS frowd the had dome the killia and though lie bad or ly seen the blade thought it to be the knife after clinch he had not seen dethe fondant put his ri d in his did not know hall had a tie until list I 1 was on his knees and be baw the blow struck saw no attempt to draw weapon ciori examine a iian bornberg I 1 finx sheep near hooper came up to flat a week before the trouble occurred had never joeen hall there before saw him for the first wits in the of apri I 1 never saw hall to know him until lie came up and spoke to bybee he wits then herding the she tion a quarter of a mile from bobc 01 to hoof an what witness thought was a sc section hall told babeo as soon as they met to take his sheep of the land witness was then about a rod front the two parties did not bear any conver between the iwo parties about the lurther on the feeding hill luor that by bad promised to keep his sheep 01 orr the land hall told him the second time to take tile adeep oa the larid bybee replied that hall could sue him for damages bable 1 did not strike I 1 I 1 tilt before ell chin 1 ito clinched and throw hall on ilia after throwing him down k nets bybee struck ili ill on the back a I 1 the head with hit fist two or three times I 1 as on his knees but a a bort time bad struck hall two or bybee timen before thelister the litter astruck baak I 1 hall had his bs ek turned to B bee made ift witness saw tha knife band before lie got up they ere then close together witness was about two rods from them hen got up did not see hall or bybee pick up aa up B I 1 bee after mr clark own as where hall go ila tar I 1 Is h ands arii when he with bybee in came up to loud speaking they were talking enough td attract witness attention witness wits not very excited 1 t the time witness wits a to th is de ceased win bi bybee f hen wit BIT clai kv the left to summon talking up a return two men we ing hall had gone was not P from on d er removed 1 13 i bee was aba osk witness did not see the handle of the knife that was used ito direct what lie had flA before the com missioner had not said anything be fore him to hs knowledge that lie had not aalde at this time did not by blow struck by either after the Y bad regained regal ned their feet it a blow was struck after hall had to gained tits feet not see it k witness then described the position of the two men as well as his own during the time of the trouble cam was today antl abe court adjourned until 7 p an upon assembling reassembling re court ad lourrie d n antil 10 am today to day SESS the matter to go to th e supreme coart fa special session of city council was catlett last evening there were present aldermen ne adams and watson and councillors jackson clark brown and boyle As the mayor was not present on motion alderman doe took the chair the chairman stated that the 0 bant of the meeting was to the bids for furnis bg the city hall with desks etc here the mayor arrived and alderman dee vacated the chair thu committee previously a J poin tedo had sean a number of turn 11 ture dealers examined various kinds of furniture and solicited bids there asero three bids in the hands of the recorder A list of the chairs desks eto as drawn up by the committee was read the cuts examined by the members and the list approved by the council the bids viere then opened and read boyle co offered to furnish the city hall tilt such furniture as up feared upon the lists for the surn of 15 E stra tard 4 sons bid was 30 the other bid of air bal lati tyne did not bid on the full list on on th settees set tees and the matter daiya waiya to rest for a few days on covon of alderman dee the con tract for the other furniture out side ol 01 the settees was awarded to boyle co on condition that they W a u id tilt it by a specified time two daa 9 was give D tits firm to determine whether taio contract could be filled or riot alderman dee stated that the man had been decided B Y consulting attorneys air doe WAS in favor of appealing the decision to the supreme court in order to got it con st ruction on the point made by de fondant fen dant that the law was invalid be bauo it interfered with congressional legislation it as M 0 d and carried ti a t the committee to carry the matter through to the court of bast redart court HILL HIS ONE it it I 1 sot likely he will bew found mediator utah TO THE EDITOR OF THE had a sympathy for the on er dog I 1 wish to offer an a apology for the boy hill who has made himself such a conspicuous tar et through his sunday night raving it tat I 1 do not believe lie is ble for what he says all the ideas he has on theology are those he conned and learned where he went t 0 school and ere beat into him by his masters announces without a blush that there is no chanc si for an erring man after he has passed the por of death brov b y quotations from john the 0 r that there was to be no more revels tion from god to man second lie does not hold a commission from jesus christ of by ilia authority to the gospel I 1 was a witness of di nation in the bi E church of this ell last summer and the white bishop plainly stated he ordained him by authority of the church and it is not claimed by the society of abich he is a member that their church was established by a divine command or authority third he does not believe what peter the chief le said on tae noted day of pentecost in artmier to the question what we do to be saved lie does no t believe what tile apostle said in regard to the officers in the churila ch urcla and how long they would remain ile does not believe ehst tile dead should bear the blessed words of libbe and salv aaion as w ell as tile living lie does riot believe what the savior him be it said the be llever and receiver rev eiver of ifould be entitled to nor baliti sm does he daake the is a me to those he tries to convert 10 art authority no one I 1 to 0 risible not even it tie rances being an OU t and fidela lie cannot comprehend the mission and of a minister of christ nor expound his doctrine in a as a natural consequence has to C ther and less inari caeg themes to on oil halare of ambition was never sounded in his bars for the four foregoing reasons lam to the under dog so touch him gently let ilia youth his training h 1 s want of brains plead for him plea d with your readers not to let lis mother know the pitiable plight he Is in call on him to repent of his a ply to i tiler F A brown im that they nay b for given and ilia is it hopeless ease do not endorse the views of one of your correspondents to have him sent to the ignorant id the east the lord preserve sw ch no lot him stay right ere now we know him ag are the beat prepared to take abia 1 anybody here he can do n 0 harm but among the ignorant never place min agan y u ra for the index dog I 1 remain I 1 1851 natia some time in the latter part of the put wook a little occurrence to k 1 W aich if t does not argue P w e ace for the peace aud quiet for which ogden is renal tried lie readers of 1 I STA 1111 it I 1 remember the ovidene 0 of walker beattie in one of the city 9 lathat parties broken the C |