| Show third day of the trial THE CASE FOR THE DEFENSE stated by attorney D N St the defense will attempt to show that milton and dick staunton fired the first shots and after that it was a battle to the death depositions of salt lake citizens testifying to the good character bf E B Col ernan the third day of vibe trial bleb coleman matt warner and william wall for the shooting ot did baunton Sa unton near vernal in may last commenced before judge in the second district court yesterday morning it was an eventful day only in one respect and that was the sudden conclusion of the prosecutions case while the prosecution braueht oat considerable testimony yesterday still it was expected that they had yet eime strong testimony behind theli but it failed to materialize the days session was brought to a close by D N making the opening statement on behalf of the defense and judda powers ive depositions as to the high standing as a citizen for peace quietude and morality E B coleman bad held in the various communities in which he had resided at the morning session J P evans attorney of uintah county relieved david evans by actively conducting the direct examination of the witnesses mr submitting them to a searching cross examination in the afternoon david evans again took charge of the case and judge powers was himself very active the court was again crowded with spectators the defendants were as usual quiet and unconcerned as to the result their demeanor signifying that they knew that right and justice was on their eide there was an entire lick of defiance on their part james mcnaughton Mc was first called he testified that he keeps a saloon at vernal and was acquainted with warne and wall he saw warner in hie saloon the exchange on the ath of may on that day warner settled his bill ilie bill was 1543 and he discharged U with a 20 bill wall also fettled hia bill that day in crofus witness that warner settled bia bills promptly he was a man he trusted and his beef nesa relations with him were always pleasant wall had on some occasions deposited sums of money with him for fate keeping as much M B pope deputy sheriff of uintah county next took the stand lie saw wall and warner on the ath of may at vernal he saw coleman and warner meet at bullocks leaving the shop they stepped out on to the sidewalk where they had a conversation subsequently that day he baw wall and warner in close conversation on the morning of the ath wall and warner came to town on their horses they met coleman and bad a conversation with him they then sot a half a bale of hay each and rode to warneke War nere home on three different occasions caruer told witness that he and wall were going to goslen mountain where hie brother was coslin mountain is duo east from alie place where the shooting occurred it is not in the same direction or on the same route both had their rifles pitr them when they rode off on tho night of the th they left just as the eun was going down the nett morning he saw ivall in town he bad heard of the shooting and he asked wall if there was anything in it and be replied that there was witness then inquired about the circumstances and wall replied bear about it he next met OS THE HAS BESTED CONTINUED FROM FIRST PASS gwilt and be baid to him tell you all about it when wall gets a doctor and gets out of town subsequently wall asked tho witness if he could get a rig and gu up for the lie eaid he could and wall told him to go up dry fork canyon and beep right on he objected to the meager directions given him and wall said be would go with him but did not wait and started ahead of him witness could not et a doctor to go with him one he waa busy and the other that bo was eick ho arrived at the scene of the shooting about 4 and found the wounded men asked if he had the tents the witness replied that be had and upon being asked replied that he would produce evidence judge powers objected to the introduction of the articles sir evans arose to reply when judge powers interrupted him a lively tilt occurred between the two counsel judge then instructed the jury to pay no attention whatever or be influenced in any way by what counsel on either side eaid in their arguments of points of evidence the witness was then asked to describe the tent which he did saying that there were fifteen bullet holes in it he also had in bis possession the guns used by warner wall the blankets and the clothes worn by the victims he then described the wounds sustained by the men the cross examination witness stated that eaid 1 I only got to the door of the tent when I 1 got it coleman promised to bring the and you can eee what he has brought dick staunton said if you give me my gun ill scrap it out with him now on my death bed ho also heard milton say that warner and wall were not to blame he never heard warner say anything about going up dry fork canyon to move colemans camp or that be was going to sell him a mine examined reexamined re witness staled that milton eaid coleman wag to blame for tie whole thing its the damn deet treachery that ever was planned was the language he used iowa hall was tho next witness he went to dry fork canyon to assist in bringing down the wounded men they had great difficulty in finding the camp he saw tracks in the vicinity and a deab horse As the dead animal was newly shod and the ground was damp ho was of he opinion that the tracks they followed were those of the dead in the celoso vicinity of the shooting the tracks were wide apart indicating di that tho borcea were running at a bieh rate of speed A man on a horse could bo seen from the camp at a distance of fifty or sixty yards he corroborated isaac with reference to the distances of the trees from the tents cross examined by mr be stated that at the time he did not kaow either of the wounded men he did not eee warner or solemn there but wall was present the measurements that he gave he did not make until the of may it was the fo Bowing ns that he made a minute examination 0 he tracks quite a number of teane had d the trail between the time of the shooting and the time his imitation imi nation of the tracks there we aly one trail A man oa horseback landing where tiie deab horse la be from the cocup only by another mounted man at that point A slight hill obstructed the viv juror brown were ther any tracks to show that the dead horse had back there after it waa 1 witness there were tricks goiner back but 1 dont know which horst made them he saw other tracks here near the camp thery were eom wide apart and others close to aether be track am he shoe on the dead bore ewas by the abapo and eize of the shoe the bead ot alie nail in tho shoe wa not worn out and it WE a narrow riding shoe re directly examined byj P egaas he stated that he took a ahoe off the dead boreo and had delivered it to sheriff the dead horse not ahoi on the hind beet the examination was concluded and aa it was court took a recess for lunch After ribon session upon resuming t 2 deputy iheria pope waa recalled and produced n court the euca and pistols used by warner and wall and the upon the witness taking tho tend with the weapons in its hands judge powers asked it hey were loaded pope replied that ifer fc they were and he was instructed to retire and unload them which he did when be returned be identified the guns and pistols aa those used by both men the leather coat which staunton wore wai next produced chewing a bullet hole on the left aide of the collar the red shirt and vest be wore each showing the cullet hole were next exhibited the neck of the shirt being hard with dotted blood cross examined by mr witness said that mil ton several times stated the boys were not to blame in answer to mr david evans the witness said that warner had stated to him that he was not to go down and complain on himself when they complained on him he would be there the side of the tent which was shot through and which faced the position held by warner waa then exhibited and introduced in evidence dr david lindsey of Vernal next took tha stand he said be was called to see dick stainton St annton on the evening of may ath staunton was shot in the left eh the ballet passed round abe back made a sway through the spinal column severed the depinal cord and fractured three bones of abe spinal column it then passed further on fracturing the rieba shoulder blade and was taken out under the eho alder blade in his opinion the wound produced death milton was shot five inches to the left of the spinal column about six inches from the front of the th the wound extended to an eighth of an of the spinal column about twelve inches below the lower part of the neck fracturing two ribe in its passage and the bullet was taken out about an eighth of an inch of the spinal column three inches below this wound there was a flesh wound nearly four inches in length it slanted upwards on abe back there was a black and blue spot and there was a wound in the thigh but the bullet could not be located cross examined by judge powers the witness stated that when the is severed paralysis of the lower limbs always occurs EO that a man will be unable to stand up even when a man is wounded in close proximity to the vital cord paralysis occurs the severance of the cord always produces death A M Staunton widow of ane man killed was next called she stated her husland died at 1120 p m may jtb at her husband sometimes called richard orilla B hatch next took the stand she knew richard staunton in his life time he was also known by the name ot Adi mathew staunton she accompanied staunton aiom dry fork to vernal after the shooting on the way down he told her several times that le was dying at his home where she was attending him he repeated thai atte ment mr evana ahat did he say to you before he died about this shooting judge powers objected on the grounds that the proper foundation bad not been laid for the question and that the fact that the deceased said that be was go inar to die wae not for abe admission of the statement the judae cited a number of authorities in support of his contention before asking for ruling mr evans asked everal other questions mrs hatch stated tacal staunton bad said 1 I am dying I 1 live me could not breathe bie athe she had id him as to his condition and tried to give him hope but he always ha head she took a of what be said at the lime but thae did not have him sign it w she bad to attend to him and did not sat it staunton eaid aenied bell them E B aalt lake city was in alie deal I 1 think it was E B toleman I 1 an not sure of ahe initials upon being asked who shot hia he replied it wis either malt warner or bill wall im ob sure whick he was then asked if he shot and he laid once they came down upon bim and called come out younne b hs he thought he ahoi the borse mr evans did he say who fired the first shot mrs hatch yes he said they shot judge howesa 1 I object yon cant act this statement in either way it is aery testimony anyway the objection was after a few unimportant questions bad been tho was ex ditl M 14 cured 31 M the nest witness u elated that be waa a brother in law to richard Sta outon ho waa at the house and heard staunton pay ho could not live he made this statement repealed ly ho spoke those words in the afternoon of the day he died davis fieo that he heard staunton say cole man was in the deal that they fired the first shot that he thought he killed the horse that he did not know whether it was colemun or swift that shot them in the back t and tho other statements given in full in tho testimony given by the fordner witness staunton was 3 years of asre drobs examined by cudse powers wit fl r t feea said mrs hatch wrote down the statements as made it she was present all the time he had the statement which was written by mrs hatch she gave it to him to carry as she had no pocket judge powers then moved that all the testimony be stricken out as it appeared it had been reduced to nothing and was hearsay the objection was overruled and an exception noted A M tori was recalled her testimony was objected to as she wats not present at the bame time that davie and hatch were and the objection was sustained dellbert searles who resides at dry fork uintah county was next called he testified that he examined the ground where the shooting occurred in company with iowa and orson hall he gave testimony corroborative of that given by iowa hall at the morning session the shoe that was taken off the dead horse was produced and offered in evidence but was objected to and the objection was sustained the court holding that the jury could judge of the matter as well as the witness judge powers then offered aa part of the of davia the written statement which had been made by mrs hatch there being no objection it was permitted to go in tho following is the document tell them E B coleman of salt lake city is in alie deal he believes his name is E B coleman says he dont know who shot him but knows it was either matt warner or will wall that they were all together dont know whether they shot at our backs or not that is bob swift or boleman Oo leman says they came in and fired the first shot and said come out here you sons of b sl and says he killed the horse after they opened fire he then got his gun and fired one shot and thinks he killed the horse Iko Staunton waa again called he i testified that the opening of their tent was towards the fire there was no opening at of it warner was standing at the trees facing the back of the tent the head of the bed on which his brother and mlton slept was in the direction of the trebe so eliat their heads were towards warner at 4 the prosecution rested tho defense D N made the opening statement on behalf of the defense he at first told of the arrangement that was made with mr barton of salt lake whereby coleman and swift were to go down to the vernal country and locate the claim had discovered when in the mountains they met milton swift being acquainted with him milton wanted to hire out to coleman but as coleman had already employed swift he needed no more assistance then they went on and milton either followed then or came over after them shortly after milton lefty but some time after he returned and said you cannot hire mo noy no y coleman said 1 I do not you in reply milton said you cannot make any locations unless you do hire me coleman and swift then returned to vernal and located nt priests place A day or two after milton and the two toas rode to Co lemane camp fully armed milton said now G d d n yva you hire me but bee orry for it coleman gave a curt reply and walked away jo the saturday night prior to the shooting milton bailed coleman oa the road and asked where be wae going ta he then said 1 I hear you are to have us attested it you do be d d sorry for it prior to chiti coleman biad swift to consult an ettor ncy to ascertain what could be done if they followed him milton wanted half of what was to locate blit the latter baid he wa ander contract with other part a and could not do as he wished on the sunday morning coleman and swift started for dry fork banyo they pitched campag the canyon that afternoon the next morning a short distance from their tent they aaen milton and the tonii they being fully armed milton followed them back to their a and gave them to understand that they could not get away as they would follow them to h I 1 colemaan Cole naan only had with him a little 22 calibre ribe bad a six shooter swift proposed that he awal eo out aad have a talk with and he did ao information was brought back to coleman that milton would leave them alone for ten days for 1000 came down in bis price to he told him no to come ack without alie or it would not be good for him and he had bolter not bring back any man with him coleman wished swift to accompany him but milton would not allow it coleman theu went to vernal inquired about sheriff pope found ho was out of town and then went to consuls with |
