Show I 1 I 1 18 in i k THE WHETSTONE jn t I 1 I 1 q all the testimony has q been presented I 1 IR L es aut AN ARGUMENT REMAINS 4 4 the questions are what will be his bond sar 71 and will hebe admitted 41 I 1 to ball bail 8 1 1 at a few minutes after 10 a in yesterday 9 examination was re I 1 earned sawed before commissioner bishop A 1 large crowd waa was in attendance a number tt of ladies being present constable steele wan called to the 1 egand by mr evans he said be bad een veen mclellan clellan X the morning mornin it ol 01 the I 1 day dg of the shooting I 1 ivans evans what did he say to you I 1 varian I 1 object on the grounds that I 1 the question is immaterial and irrelevant 4 I 1 after argument the court overruled the I 1 objection I 1 the witness then said that mclellan t came to his office and asked for the commission 11 11 of a deputy constable so that be he I 1 could carry a gun john johnson testified that he saw mclellan at five points last summer be he talked about whetstone on the way out I 1 and coming back saying of abet whetstone atone 6 theres a sneaking mclellan c L edian ti I 1 aid vald of whetstone that if tha the if ever makes a crack at me ill fill him 41 loll 1011 of boles holes at another time mclellan i eaid aid in front of saloon that he be would finish the yet 11 in the e saloon mclellan in a conversation conver tion with k whetstone asked the latter to do him some favor whetstone said be he could not I 1 do mclellan the favor and mclellan I 1 said you you dont want to do it whetstone left the saloon shortly afler after mclellan left the saloon and in going out eaid said be he would finish the yet el 1 on the day of the shooting hooting I 1 was up by 7 the loan A trust true te building about noon saw mclellan come up and be he asked witness w if be he bad had seen whetstone mclellan said be he would like to see whetstone for there were no strings on him mclellan now some time after I 1 told whetstone of the threat made by mclellan cross crosa examination mclellan M was a bluffing eort sort of a man and often talked a great deal and would pull bis his gun and flourish it a rood good deal the day of the he alk talk atthe at the saloon I 1 told oth others r of w what hat aad had occurred and that they should tell whetstone of it at this point mr air rogers made known the defence namely that whetstone I 1 i shot mclellan in self defence t A motion to strike oat out johnsona johnsons testimony on the ground that the threats of mclellan were not communicated com muni dated waa w as aken taken under advise advisement meat and court took recess at noon on reassembling judge bishop ruled be the evidence showing that mclellan nade made threats admissible coroner marshall II 11 alien allen testified be he lad had known mclellan for fifteen years and nd whetstone for three years he lie aid said ahad I 1 bad a conversation with mclellan two or three days before the hooting shooting beard heard mclellan say about the iret of march that be he expected to resign and nd that when the strings were off there ras was one who be he expected to fix this part art of the testimony was stricken out on notion motion of varian as it did not relate to be the shooting in any way and the wit tees ness con continued linued mclellan came into be the d dreg tog stern store on the day dray of the shooting md and pulling out bis his gun asked fora for a near cigar I 1 gave him a cigar and the gun was pa put I 1 up mclellan explained how be he held a gun when in an emergency cross crosse examination e xam mclellan was a talkative man he was quick and impulsive e full fall of energy and active when mac c came 11 me in the day before the shooting tie pulled out his gun and in a would be fanny army way demanded a cigar witness old told mac also that be he should not do that way with hi his 9 gun mac said that be he bad had shot a inan that he bad had been in a fight mac mae aid said that he was jn in pioche when a man shot him he wao was on horseback at the ime time the man took up the road and after him and overtaking lim him shot him twice killing him hac blac showed me the wound in his leg eg regarded mac mae as an offensive sort ort of a man both in his language and in D his hits actions have beard heard that mac waa was a b dangerous man have beard it around ard card parties people want mac to ome come around because be he was disagreed disa gresa ble le and quarrelsome I 1 know whetstone mr dozers asked several questions regarding mac mae having eaid said at various imea imes that be he had killed a number of aen men these were successfully objected 0 by the prosecution ex deputy marshal W D dykes 4 tk aid ald I 1 knew know whetstone while a deau wi 7 marshal Inar know hia his reputation in the ill territory errit ory to be of a good and peaceable 5 2 nn an know mccellans aas ans reputation among 11 tk to neighbors and people it we was not saw mac mae illustrate bow how one should w et into position in a shooting scrape I 1 ie e said aa little of the body should be 11 I 1 resented as possible for the lesa less there no w as in tibt eight the lesa less there was to hit W mr carians Va rians cross examination re belled nothing startling gw to E vans McL ellana reputation for ruth and veracity ty was bad in the tr ter V atory where I 1 have known him 00 oo to mr varian among the deputies a I 1 WA Is fellow officers bla his reputation for I 1 ruth rath and veracity was bad t ax E deputy marshal exum exam said laid be he had he d i 0 whetstone for five or six years new his general reputation to be that a ol 01 tood and arid peaceable citizen in the corn com unity oty knew mclellan well and the ople in the community in which le 0 4 ived mccellans McL ellana ans reputation for being a P It agreeable quarrelsome dangerous ao an was bad to mr varian in the performance of r it is duties as a deputy he waa was a satis achary man A mr r varian mr mclellan yi etelk on the stand a ad aa as a witness in united wee tits cases T I 1 Exum Yes sir air but when bia his deputa 1 on became known he be waa was made ad a I 1 r d at the penitentiary there was anter enter I 1 74 aw cause for his being removed that alit hl his being a disturbing element and bis his base of prisoners I 1 beard judge uen ilea 4 erson while on the the beach talk about aa cLel cellana Le llana lans general reputation be he waa was of 1 ie bame opinion aa as m myself thac that median 1 ilan was not a fit man lecause because of bla his VJ 1 ad reputation for veracity deputy do pa ty I 1 waa was of he same lopint opinion on there 9 48 no tio ill feeling at the time among the there waa was previously wit see named ben rich john boyle fred eael el and aad ad kunn kuhia aa as men bo he hid had I 1 1 V t R heard ep eak of macs reputation repa tation they thought though that helas be was not the kind of a roan for a deputy barshal nar dhave been especially friendly toward whetstone have done all that is possible for him because cause e he deserved it alien allen was recalled re called and put on record as saying that macs reputation for being a turbulent violent and dangerous man we was bad I 1 R 11 chambers ex police officer said he had known whetstone for seven years bad known mclellan for ten years bicle bellans lans reputation for peace and quiet was bad and that of whetstone oae was good tb this s closed the taking of testimony and mr varlan varian asked that the defendant be held without bail evana evans thought this request to be premature especially that of asking that the defendant be held without bail it should first be ruled by the court that the defendant would be held hold at all and then thed the question of ball could be discussed counsel for the defendant wanted to be heard beard on the proposition to bold hold the defendant fen dant mr varian said be he was willing to submit the case on the evidence 1 without it argument evans E vans said that if the counsel should open the argument they would expect to close it that suit tho the prosecution he was willing to waive the opening but bat not willing to allow the defence the closing evans was firm and so varian took up the task of opening the argument to commit the defendant mr evans followed and rogers cosed for the defence the counsel did rot not ask for their clients discharge bat but that be be admitted to ball bail it was arranged between varian and allison that the latter should close for or the prosecution mr varian being obliged to return to salt lake last evening but evans rogers denied him the privilege to close with allison as be he hai not heard the testimony that particular point was taken under advisement by the court till 10 this morning when a decision will be rendered on it |