Show Vr r II l < TilE MORGAN IlKESELL CASE I The Story as Told by Cecil Smart One of the Loggers The preliminary examination of the boy Morgan charged with assault upon Hyrum Mikesell in Lambs canyon on the 2d inst came up in the Police Court at 2 oclock this afternoon Mikesell tho wounded man is still unable to leave his bed and the prose I cution asked therefore that the case be allowed to go before the Grand Jury next week Mr Whittemore for the defense objected to this stating that the boy had already been in jail for about ten days and that ho would be unable to give bail if ho were bound over The Judge said that tho case could not be properly disposed of until the result of Mikesells wounds was known because should they prove fatal the court would have no jurisdiction in the case The matter was finally settled set-tled by both sides agreeing to hear the testimony of all the witnesses present and then waiting until Mikesell recovers sufficiently to tell his side of the story before disposing of the case Morgan withdrew his plea of not guilty and entered the plea of guilty with the request through his attorney that the matter be thoroughly investigated The first witness called was Cecil Smart a Lamb canyon logger who was working with the parties at the time that the trouble occurred There were no eye witnesses to the affair but Smarts story of what led up to the collision and what occurred after it is probably a fair statement of all that can be learned of the occurrence Ho says that on tho morning in question Mikesell was sitting by the fire eating his breakfast when Morgan came up behind him and began to tickle him with a straw Mikesell remonstrated and finally struck the boy in the face with the back of his hand Morgan then made some threats and Mikesell kicked him Morgan then I picked up a neckyoke and ran after Mikesell He struck at Mike I sell very lightly and apparently not wanting to hurt him Mikesell caught the neckyoke threw it down and putting one arm around Morgans neck I lie began hitting him in the face Mike i sells brother William then came up and separated the two Morgan then said he would get even with Mikesell Morgan and Smarts brother then went off to work and when witness left the I camp Mikesell was sitting by the firo I Witness next saw Morgan in the evening even-ing and at his request Morgan got in his witness wagon and rode to the Halfway Half-way House and from there to the city Being questioned by the defense Smart said that Mikesell was a man about 27 years old and about 6 feet 4 inches tall He did not know what Mikesells reputation reputa-tion was He said that defendant was perfectly willing to come to the City Hall with him The examination of witnesses was still going on when we went to press |