Show STRONG FOR DEFENSE another story of th killing ROBT SWIFT ON THE STAND he says the milton party shot first swift was supposed to be colemans partnering Part nerin locating the mine he was an eye witness to the shoot ans ana he says warner and wall shot in self defense defendant coleman on the brand the citory of his life yesterday erday was quite an eventful one la the trial of E B coleman matt barcer and william wall or the murder ot dick staunton in may last roburt at one time Cole partner was placed on the stand by the defense end cross examined by them II 11 e etory ot was a hew version of the sho otin affray he testifying that the la urton party opened the attack it was nearly five when the defendant E B Coleman was to alie egand and judge power took charge ol 01 the examination there was a ot excitement all over the cobit room for time mr boleman has been in failing health a fever rising upon him in the not speak loud and there was a craning 61 necks to hear hie interesting story he related hie life from the time ol 01 ha coming on this epherm at davenport la bofty two years ago up to the time of the but he was only approaching the important details of the shooting when court adjourned morning session any testimony tee was introduced the defense asked that the prosecution produce robert so they could examine him 1 tho prosecution lavingno having no objections j took the stand in answer to mr he said he lived in grantsville Grants ville thoele tooele county lie entered into an agreement walh coleman to to chanty on a mining deal the he bad was that mr burton was and they were to make alie locations they reached vernal on the ath of march and stopped at priests the weather was very etorly they went on to taylor mountain on that trip they did they down on areen river and met the and milton they bid with milton and he eaid it tibo cave him 1000 he woold bhim a home stake mine maii replica that he could not bay staked mine and would find one milton aid he that he would not be buckin eow he had something some good and te had better hire hine coleman that be could not hire him he nert went awn on birch creek and thence faick to an arrangement hiving been made for swift to again meet there they having milton again coleman to hire him and tae latter aid he bad not the power to hire milton said it ho did not hire him he would have trouble thoi then arranged to get away milton to separate aid meet at taylor mountain tah chev did and then crossed to ashey and chaid at a mene place there they thea to mr priests place their purpose in goin there was to eee it milton was going to follow them and 4 advice from burton on the matter they had only been there about two hours when dick staunton and dave milton rode into the ranch ike din bot ride in they were carrying guns he went out of the stable and bad a talk with them coleman and milton had no conversation there the former left the ranch and crossed the road to mr averye they eaid to witness that they were following them were on their trail and were to entinne cn tinne to fellow them there are some email willows at priests puse and willows all around the camp oi friday night ite again saw bome one at the camp but it was dark an he could not see distinctly there were two men and one either had a gun or a long stick in his band the two men conversed for about ten minutes coleman then came back to the bouse on saturday he saw dick staunton at priests place he was mounted and be simply stood up in hie stirrups looked around and off on sunday morning he and coleman left for dry fork they took precautions so that they could not be followed by occasionally riding off the road into the sage brush as to poil the trail they arrive cf at the fatal spot on sunday evening the next morning before eun up he saw milton and the tons at a distance close to camp lie discovered ettinge tracks lie informed goleman of what he had discovered after they had breakfast they started to walk out from camp and they saw staunton and milton they epoco to them but did not shake bands milton aa d youre d m hard to trail but you have pot worse than a ute to trail you his next statement was that he was not for sale now by god you cannot buy me now im going to have my abare of that property coleman told him to and get it milton again told coleman that be was to have a share in everything that was lucal cd he would follow him to h 11 coeman told swift that milton had abused him and swift corrected milton and told him he must not do that milton said be knew it was wrong but be was hot milton had told coleman and the witness that he could call all abe boye be wanted from vernal by 1 0 o subsequently made a proposition to milton that he would get for him if be would go away figures were iloco and be would leave them for ten days he to give milton hie note with Co lemana endorse ment but he replied that ace wanted no paper they tried to make an agreement but be would eign no paper an arrangement was then made whereby boleman and the witness were to so to vernal andret the money but coleman had to go alone he requested coleman to send somebody to stay with him he thought he might get into a quarrel with milton and he wanted somebody to be with him milton then told dick staunton uton to follow coleman not to loee sight ot himbur not to get up with him milton evidently wae the leader and he told witness and coleman that the boys would do whatever he wanted then to do and ike would shoot if he told him to akk staunton returned on wednesday afternoon and he saw dick and milton talking to sether and milton kept watch all night dick called on ike early in the morning and alie latter got up witness then fell asleep again the trees bad not leaved out arid there was nothing to obstruct his view there was an opening at the back of tent he heard the shooting and could the difference between the reports Warn erand walle guns dad not make nearly eo loud a report ag those of the Sta untone and milton the thine ike staunton eaid be fore the shooting was here they come boys to lake us milton then came to the mouth of th e tent and went dick staunton camo out and beveled hie eun over the tent and then tie brought it down again and went into the tent he did not see the first shot fired but he thought by the sound it made that it came from the tent he baw warner throw hie head to one aide and plunge off hie horse witness took hie mattress and bedding and got below it where he could eee he done this 0 o protect his body he didiot eee where warner got bis gun from war and wall did not ride into the camp whooping like indians or with a rifle in one band and a six shooter in the other after ike eaid hero they come to take us boye he heard either warner or wall say for christ sake dont dhoot the shooting then wa geuer pi when dick staunton wae ahot be wae kneeling down in front of the tent with his rifle in his hand he saw warner shoot and dick let bis gun fall and tell forward he did not see milton again CONTINUED 04 THIRD PAGE tb 1 ass E i i A mm CASE FOB THE DEFENSE k FROM FIRST the lasted abbat a minute and a halt he saw dick staunton fire two chota over the tent lie bad no idea how many shots were fired swift then ran out of alie tent and cried to them to stop rebooting until he got out ot the wa who the h 1 ere you throw up your hands and be speedily complied As became out of the tent be heard milton say 1 I am ahot all to peces ike and then war cried come out and put down your guns he pulled down the back of the tent as be was told and then warner wall and boleman came down wall and coleman were crying warner asked milton what did you want to fight me or ive never done anything to you milton said matt you knowel what I 1 would never have happened barcer again said what did you want to fight me for ive never done you any harm G d d m you you cant fight or you would have killed u milton then asked swift to net a doctor and he and wall left for vernal the night prior to the shooting milton eaid if warner cornea here either he or I 1 will die like a rat dog I 1 will chow no quarter well put warneke War nere back to a treo and make him age an oath swinie horse was newly shod and evarner rode it to vernal t cross examined by david evana wit nese stated that this valuate abe mine was discovered by him last october Os tober it h in uintah county he visited the mine in july of this year but did not locate it ilia reason for not locating it was that he bad an agreement that colemam was to locate it when in uintah county he met cassidy but not in july he dil not meet lay he went to the wrong place first but then he discovered the right alace and found the mine he placed a location notice on it be said alien again asked by mr evane but he did not locate it to record it he went to the mine alone coleman and he went to miltone cabin for the purpose of allowing the horses to run on to the bunch grass and graze it was just after that that they were trying to get away from mikon mr devaus why did you go to mil conae cabin before you located mine swift 1 I just went to prospect around that country he did not at that time show milton any ore he had compared bis ore with and they were the same he concluded that milton had discovered the same mine as he had he went to fresh creek gorge from camp the next day be again met milton and they bad a conversation the fact of the discovery was published in the paper but it was not stated where it was milion and be went hunting together nothing was eaid about the mine he aid not tell milton that he was bleeding coleman out ot 5 a day and he believed he could do the same he did not know where milton got the information that he was getting this remuneration he went from brush creek to miltone Milt oae cabin hia reason foj boing there was that they bad forgotten some milton went with him and be spent the with milton at the cabin he again met milton at vernal the 6 night before they left tor dry fork he bad a conversation and a drink with him he was with milton considerable whenever he bad the opportunity when boleman left for vernal to get the milton did not command the to stay coleman insisted on bis staying and milton explained that it swift also went be had no assurance that they would return or that be would get the money at this stage court adjourned until 2 afternoon session apon resuming at 2 the cross examination was continued witness stated that milion said that if he went to vernal with coleman the agreement would be off and it would be war to the teeth when staunton returned be said that warner was to bring up fighting men to do them up and milton added it he brought these men up there would be a fight he wanted coleman to send a man up to be a witness so that he could deal with i milton by law he awoke ike before daylight because he thought it there was going to be any fighting be ought to be up and around mr evans then took the witness very carefully over the shooting again but with the exception of a few changes in the language need by the various men he told substantially the same story ag be did to mr Bt he stated that mr colemand Co lemana guna which lie had borrowed from mr atwood was dis chareen cha reed but he believed that that was lone as he dismounted from his borte in answer to a juror the witness said that the tent was beven feet high and dick tita urton pointed his at wall over one of the corners of tie tent at the examination conclude con clade john mack was next called lie lives at vernal he baw the tons and milton on taylor mountain where they wintered in coming down although they baid nothing they got oft the wagon several times as if they were look ios tor bome marks atwood next took the egand he lives near priest he knew the tons but was not acquainted with milton on the 1st or 2nd of may he saw dick pass lis place just alter daylight and a few minutes he returned on the of he saw staunton and milton crois the bridge and into priests place staunton had a gun with him sunday morning he again baw staunton passed hia place and returned in a few minutes about the 1st of august he visited the where the sh otting occurred for the purpose ol 01 dissecting the dead horse the bullet entered at the right hank and was arken out near the left shoulder the bul et be took oat was a toe borte had no thoas on in crose examination be would not that the bullet was that was the size of the gun dick staunton carried fhe animal was badly decomposed was left but the hide bone and worms or as jhb witness put it commonly called maggots he loaned coleman his gun in march and coleman bad it with bin the da of the shooting in redirect re direct ho stated that golin mountain is due north from vernal and about forty miles distant A B atwood was next called and he corroborated the former witnel earl atwood a boy fifteen years of age next took the stand about the first day of may ho saw dick and ike staunton and milton at Pric sto pince ike asked priests little boy who wae also there if swift was in and he replied that be was in tho barn dick and milton rode into the yard saoko with swift for a short time and then left lck staunton and milton had large guns strapped on their backs iko was riding ina buck board but did not go into the yard james glean testified that roalin mountain is about fifty miles north of vernal it was possible be said to get to the goslin mountain from the scene of the ebontine ebo otine without going to vernal or to dry fork george searles formerly sheriff of uintah county was next called he testified that be visited the scene ot the shooting in the attern con of the fatal day he a man named hall and wall were the first to set to the camp he rode from the camp to the pack horse and got some medicine and rode back to the camp he rode at a good gait witness asked milton several times who nd the first shot but bo could get no satisfactory answer milton had on only his underclothes he thought dick staunton bad all hie clothes on ex capt his coat and shoes in cross examination be stated that when be asked milton what the trouble was about the latter replied rep liei oh nothing but a pack of d n foolishness he then asked tho witness if there was a justice of the peace there witness replied that there were not he desired to make a statement be eaid as be did not think be would live to get kofl the mountain J J holdaway the coroner waa called and milton related the agreement anat was entered into in regard to matt and wall be said were to blame at that time mr culeman passed the bed and milton half rose and eaid theres the eon ot a b b I 1 blamo for it all 1 he was to bring and yon can see what be has done matt warner is the only white man in the bunch asa avery who lives near heber priest was next called he testified to lick staunton and milton calling at place and to coleman leaving the yard and goiri over to his bouse on another occasion dick staunton visited priests place and cokman again left and went to averys hauso and eaid do you eee that man there william priest eon of heber priest testified to milton coming to bis fathers house on the sunday and enquiring if coleman bad gone and upon being informed that be had immediately rode off E B coleman was then called and judge powers took up the examination he stated he was 62 years of ace and was born at davenport iowa he left there when he was 22 and went to montana he was placer mining in montana he next went to british columbia for a year and returned to butte he remained there several years and then came to ogden and engaged in the lumber business busi nees here for a year from here he went to corinne in 1870 he was only at corinne a few months when he went to idaho from there in 1871 be went to salt labe he ran a business in dry canyon thoele tooele county and another at the end of the utah southern hia next removal was to the black hills in dakota he left there and went to pueblo colorado where he was engaged in the |