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THE STANDARD OGDEN UTAH WEDNESDAY J TATT7TA7r7 fi ISiO
January
Clearance Sale
c We face the fact thnt the selling time for Winter Clothes
I I < is growing short Plenty of time yet to wear henvy wmg 1 t S
ir but the time for selling is not so long
L We prefer money to stock and we arc making great sac
t rifices to secure it
Buyers that look ahead and buy ahead arc
Reaping a rich har
vest at this Sale
Our reputation for a square deal will insure your obtain
ing just the bargains we offer Look the world over and tell
us where you can match the Suits or Overcoats we offer at this
sale for 12 to 18 Youll certainly not want to miss this op
portunity
FRED M NYE CO
2413 Washington Avenue
d
JanM3ry I
Sak PJrices
nIDi all
Dep211rfimen s
A few choice numbers in Ladies
I
Tailored Stills at 50 per cent off
I Fine Panama Dress Skirts 500
values S375
Tailored Waists ot fine linen and
Madras Cloth 250 values
at 5195
Planish Shirts in flue stripes and
checks 150 values at 95c
Flannelette Gowns special values
at 90c 110 S125 135 and 150
Childrens Heavy Winter Stockings
per pair 23c
The IB M Wykes Co
2335 WASHINGTON AVE
r Rt fJ
l REFERENCES
OGDEN BETTERMENT LEAGUE
Wednesday night Weber Stake Acad
only Prof Kalhmtyne has charge of
innate Admission free
I
Buy D G Butter If you arc anx
ious for the best we will help
Salt Lakcrd Going EastMatt Wal
her and Louis Farnsworth of Walker
Bros bank at Salt Lake came up from
tho south yesterday morning and af
ter greeting Ogden friends briefly
continued east on No 10
Our big Shoe Sale commences to
morrow morning darks Stores
Dont cat until we open was our
motto and It was well worth waiting
Tho best of food prepared by a first
class chefthe most comfortable and
prettiest place on the continqnt Mu
sic C tll S p m Charles Cafeteria
2376 Washington Avc
Our big Shoe Sate commences to
morrow morning Clarks Stores
Tho evening paper Is the paper of
today The morning paper is the pa
per of yesterday
Prominent Railroad ManD An
derson a prominent railroad man of
Chicago accompanied by his wife arc
In the city for a time and have apart
ments at the Pacific
The daintiest of pastry lhat Is pas
0 try at Charles Cafterla
1 For Sale Old newspapers cheap
v Call at Standard office
New Officers The following officers I
of tho Rlvordale Canning company
formally qualified yesterday morning
President and director W J Parker I
vico president and director John Rus
sell secretary treasurer and director
n E Hong
Coal call up Parker Co for
rates on lump nut and slack
COAL Call up Parker Co lor
rates on lump nut and slack Parker I
Coal Co
Shipping In Breeders During the
past twentyfour hourssevenil cars of
highgrade bucks for breeding pur
poses have been received at Ogden
> nd forwarded to flockmasters at 1 la
d and Hyrum
EACOCK The best Rock Springs
on the market Phono 27 John
7arr tr
Christmas Tree on a Train Mrs
Bert Mowbray spent the holidays iu
fcvanslon the guest of her mother
Mrs JamoB McKomie While on her
mNnmltilfItIil11J1f
Orace ISgSG obe
Many excellent pictures for Con
vontlon week including some of the
best features lu many weeks
THE CHRISTIAN MARTYRS
TO SAVE HER SOUL Blograph
t BARBARIAN fBiosrapU
t THE BIRTH OF CHRIST
THE DAUGHTER OF THE SIOUX
THE INDIAN
THE BIGAMIST
Songi are all pretty and music new
LADIES SOUVENIR MATINEE
ISIS THURSDAY AFTERNOON
ii Jri2 Jlt
I
J Jf
way to Evanston Christmas eve Mrs
r Mowbray was a participant in a hap
py Christmas tree celebration Some
one oi tho train succeeded In getting
possession of an evergreen tree in
Ogden and on the way to Evanston It
was duly decorated and Christmas eve
festivities were entered Into All en
joyed ho occasion and the train crew
also participated with much delight
In the exercises
Charles New Cafeteria a model
plant with the most modern applian
ces thoroughly sanitary mooting the
most exacting requirements of this
pure food Iwtho highest attain
incut in the art of cooking and serv
ing food Lunch 1030 to 230 Dinner
R to S30
Miss Margaret Grill of this city has
been x tailing relatives and friends In
Evanston Wyoming for a number of
years
STORAGE at reasonable rates In
good brick building If you need any
room consult John Scvwcroft Sons
I Company
I EZMoney Kelly Money to loan on
I any good real estate Ceo J Kelly
Miss Edna Hamilton a student of
he Sacred Heart academy spent the
I Christmas holidays in Evanston Wy
oming
Dr Forbes has resumed practice
100 Ecclcs Building usual office hours
Earl and Aaron Pingrco have been
visiting relatives and friends In Ev
anston The were the guests of
their sister Mrs C A Calvert
Kemmercr Coal guaranteed the bcs
Sold only by M L Jones Coal Co Ino
140 Bell 199K
1 M Shaw and family spent the
Christmas holidays at Coalvlllo with
relatives and friends Mr Shaw Is a
prominent businessman of FIvo
Points
WANTED Clean white rags at the
Standard office
Death of a Pioneer Claudius V
Sponcer who camo to Utah In 1547 I
died today at his home In Salt Lake
City Mr Spencer was Sn years old
and was the father of Daniel S Spen
cer assistant general passenger agent
otiho Oregon Short Line railroad
Pedigreed English Bulldog pup for
sale 710 1Sth Van der Schult
Send in Your Items EarlyAll com
munications for the society editress
must be sent In before 1i30 on Sat
urday to insure appearance In tho
Saturday evening paper It is the re
quest of this department that as
many communications as possible bo
submitted Friday afternoon before
six oclock
GOOOOOOOOOOOOOOO
O 0
O ASKS FOR PARDON 0
O OF CHAS W MORSE 0
O 0
G Portland Maine Jan iiPc 0 I
O lltions addressed to President 0
O Taft asking for the absolute O
O pardon of Charles W Morse 0
O who Monday began his son 0
O lence of 15 years In the federal o
O prison at Atlanta Ga arc In 0
O circulation in this city 0
O Tho petitions set forth that 0
C he did no intentional wrong 0
0 that he had claimed that the O
O Jury which found him guilty 0
O was largely Inllucnccd by popu O
O lar clamor and even though 0
3 guilty already he has paid the O
O penalty by the tenn of Impris 0
O omnent he has served while O
0 awaiting for the outcome of the 0
O case 0
I O o
GGOOOCOOOOOOOOCO
COOOOoOOOOOOOOO
c 0
O PRESIDENTS MESSAGE O
O 0
O Washington Jan 5The 0
O further announcement was 0
O made at the White House to G
O day that President Taffs com 0
O binod special message on ho 0
O interstate commerce and anti 0
O trust laws would not go to con 0
Ogress until Frldnv 0
O H was staled that the Prcsi 0
O dont further believed lime 0
O should bo given for the dislri 0
O bulion of lie message which 0
O will bo sent out In printed 0
O form this afternoon 0
O The Presidents massage 0
O transmitting the attorney gen 0
O orals report on the Glavls 0
O charges against Secretary Bal 0
G linger will bo sent to congress 0
O tomorrow instead of Friday 0
O 0
OOGOGOOCOOGGOOO
JOHNSON WANTS BUCK I
CORNELIUS FOR REFEREE
Plttsburg Jnu 5 Between sprints
In his racing automobile about town
yesterday jack Johnson tho colored
heavyweight champion said he want
ed Buck Cornelius a local sporting
nwn well known to eastern fight en
ImiRlasts to referee tho JeITrlo John
son fiKht to be held III California on
July 4
i I t JjfrC IL
H The increase of crowds evy day indicates the popularity of
Li this sale and 1he real reductions = Only Eight Days More
J I = J I L I Lda 91 II F = T If IJII II
RUT KILLED BY
HOWELL MACHiNE
Complete Disclosure of the Occurrence is Made
by Attorney Johnson Representing William
Howell and Others Story of the New
Years Night Ride Which Ended
in Death
ATTORNEYS DAD ADVISED hOWELL
AND COMPANIONS TO BE SILENT
Elliott Kennedy Threw Fauts Hat in Hugh Woods Machine and
Later Dropped it in the Alleyway Near the Postoffice Auto
Was Not Run at High Rate of Speed Occupants Did Not
Know There Had Been an AccidentWidow
Dead Man Weeps as the Story is Related
Before the Coroners Jury
I
Hi order to narrow the scope of
this investigation and to expedite the
woik In tho hands of the jury I de
siro to make a statement regarding
this accident in behalf of William
Howell and others whom Judge Bag
toy and myself are representing
These words spoken by Attorney
Johnson before the coroners jury this
morning In tho Faut case caused a
ripple of suppressed excitement as It
forecast an Important announcement I
Last Friday afternoon William I
Howell John H Larson Elliott Ken II
nedy and George Larson continued I
MY Johnson arranged with certain I
parties to attend to a little political
business Saturday afternoon tho fol
lowing day
And before proceeding further in
the story I want to say that I and
Judge Bagloy as attorneys for the
parties arc responsible for the silence
on the part of our clients that has
heretofore been kept We deemed It
advisable to say nothing regarding
this awful accident until such time
aa wo considered would he opportune
and fitting and that time is now at
hand That the story has not been I
told by those we represent Is not
their fault at all Mr Bagloy and I
have advised that silence should pre
vail on their part
When the Ride Started
On the afternoon of Saturday last
the boys met at the garage and se
cured Mr Howells automobile to
make the rounds The machine was
taken from the garage heavily hood
ed The curtains were all closely
drawn This was about 230 in the
afternoon The machine was taken in
charge William Howell and was i
driven by him during tho balance of
the afternoon
Tho party first went to Wilsons
grocery store on Pacific avenue and
Twentyeighth street whore they re
mained until about 3 oclock They I
then went to other places In the city
both on business and pleasure and
returned to the garage at about 5
oclock In tho evening The lamps on
tho machine were lighted as it was
getting rather dnrlc
Having done this and it was not
yet dark not being 5 oclock they
went out again and went down to
wards the depot on Twentyfifth
street and among other places they
wont to Mr Denny Smyths and visit
ed with him and his family there and
tho people who were assembled there
at the hotel They went Into the ho
tel with Mr Smyth and saw a number
of things there which he was showing
them and stayed there some time Af
ter that they left there and going
around on Wall avenue to Twenty
I
ORPHEUM I
I
THEATRE
BOTH PHONES 323
ADVANCED VAUDEVILLE
Week Beginning Jan 2d
AN ALL STAR BILL
LULU McCONNELL GRANT
SIMPSON
In a Delightful Comedy A stormy
Hour
BOBBY PANDUR BROTHER
The Modern Hercules Firct Time
Here
CROSS JOSEPHINE
In Their Travesty on Melodrama
DYING TO ACT
With Song and Dance Trimmings
POTTER HARTWELL TRIO
The Agile Three
TEMPEST AND SUNSHINE TRIO
Late of the Follies of 07 and Lit
tic Nemo Cute Cunning Coy
CONSTANT ARKANSAS
Worlds Famous English Concertina
Soloist Assisted by Miss ValerIe
On the Piona
ORPHEUM MOTION PICTURES
LATEST NOVELTIESOR
PHEUM ORCHESTRA
PRICES Night 60c 25c lOc
l MATINEE 25c 15c lOc
Theres No Place Like Home Ex
oepting the Orpheiun
fourth street they came up Twenty 1
fourth street until they came to
Washington avenue Having come to
Washington avenue they made a turn
at that point and went toward Twen
tythird street They went along the
cast sldo of Washington avenue and
at this time permit mo to say that
Mr Will Howell was driving the ma
chine while John Larson was sitting
at his left Mr Kennedy was sitting
Immediately behind John Larson on
the real scat and George Larson sat
in the rear of Mr Will Howell by the
side of Mr Konndy
Running at Low Speed
They went to the cant side of
Washington avenue and turned down t
the street going north They went
on without interruption and as they
think without any high rate of speed
but at a very moderate rato of sliced
and crossed Twentythird street In
turning the corner of Twentyfourth
street and Washington avenue they
slowed up speed as of necessity they
would have to do to make the turn
When they reached Twentythird
street the speed of the machine was
also slowed down and crossed at a
slower rate of speed than they had I i
been running at prior to caching that i
point r
I They Hit Something
Having crossed Twentythird street
on tho east side of tho track the left
I wheel of the machine just about over
the east side of the cast rail of the
stret car track they had proceeded
down from Twentyfourth streeL Af
ter they had passed Twentythird
street they also proceeded along that
some line straddling this rail on tho I
east side of the railway track When
they hod proceeded some distance
they now know to the point where
this unfortunate accident occurred I
which Is as a matter of fact about
100 feet something like that north of I
tho north Hue of the Intersection of
Twentythird street and Washington I
avenue being ver > near to a polo or
two poles that stand in the middle of
tho street one being the telephone I
ploc and the other being the street
car pole having proceeded north to
that point suddenh the machine was
felt to swerve to the left just slight
ly not a great deal
And hero permit mo to say that I
Mr Will Howell was sitting at his
machine with his hands upon the
steering wheel and also with one of I
his hands in touch with the power I
with his feet upon the brake and
looking in front nil the time and ho
ne r at any time during the whole
course of this travel after having
crossed Twentythird street until he I
reached this point or at nnv time ob
served this gentleman that unfor
tunately it seems al that particular
moment was crossing the street
r rica to MISS Poles
He never saw him and what Is
I
more none of them saw him but aa
I say when they reached that point
near to where these poles stand the I
machine was felt or observed to
swerve to the left That of course
would he towards tho west Vhon
that was done Immediately before
them and before Mr Howell who was
guiding tho machine were these poles
standing perhaps as far as from here
to that window six or eight or ten
feet In making the swerve It had
brought the machine so that instead
of facing down the street north along
the stret ear line It had faced wesl
anil brought them face to face so to
sneak with the poles Mr Howell
observing that immediately swerved
his machine still further to the west
so as to avoid coming in contact with
the poles He went around the > ole
and proceeded on the left Ride of the
track and of the street down the I
strot for perhaps 50 or 100 feet or
something like thator course dis
tances of this sort arc purely matters
of estimate when Mr John Larson
who was sitting by his side said
Did we strike something or We
did strike something or words to
that effect and Mr Howoll said
Did we
And Immediately upon Mr Larson
making that remark Mr Howell
turned the steam off from his ma
chine with his foot on tho brake put
the brake on and reduced the rato of
I running of the machine until It al
most came to a stop In the mean
time they had progressed possibly 100
I or 200 feet from tho point where this
swerve had occurred In the mean
time also John Larron wiio was sit
ting by his side was looking back
through the back oj tljc machine to
see what ho could observe as to
whether or not they had struck any
thing Also when the machine came
almost to a slop Mr Howell who
was as I say sitting on the right
hand side looked out around the cur
tains of his machine to nee if he could
see anything
Machine Vas Hooded I
You will understand gentlemen
thnt this machine at that time was
I hooded and had Isinglass or a glass
I In front and on each side of It Next I
to Mr Howell and next to Mr John i
Larson it was open of course fo they j
both looked back and John Larson
said No we never struck anything I
we better go ahead and so the mat i
tel passed from their minds They
put on the power and went down to J
Twentysecond street turned to the j
went went down to Wall avenue and
came up and stopped on Twentyfifth
street j
In addition to what I have ex
plained as to how this occurred at j
that time as stated by Mr Howell
and by Mr Larson Mr John Larson I
tolls u ° and I presume you gentlemen I I
know him a member of the city coun
cil Just elected In the Second ward
says that about the time that this
swerve was made in the machine he
felt a jar In tho machine on his side I
Mr Will Howell tells us that he felt j
no jar at the time of the swerve Mr
Kennedy who was silting In the rear I
of John Larson and on the left side
says that he felt a jar George Lar
son who was sitting behind Mr
Howell says he didnt feel any Jar at
I all at that time So the testimony of
these gentlemen respecting the mat
ter is that those who were sitting on
the left hand sldo of the ma
chine felt a Jar as though
they had passed over something
as expressed by Mr Larson or Air
Kennedy as though they would pass
I over the roll of the street car track
or somethlnc of that sort Thov also
say that they never heard any nol > c
al that time or any call at that time
from anybody except Mr Larson
says as they were proceeding north
after they had begun to stop that he
heard over on the sidewalk on one
sldo or the other a call of sdmc sort
but he never paid any attention lo It
or thought about It coming from the
sidewalk and he never called the at
tention of Mr Howell to that at all
Heard No Noise
These other gentlemen who were
sitting in tho rear heard no noise I
You will understand also as I said in
addition to the fact that the machine I
was hooded or closed that It had
chains on the wheels In the rear I
which made of necessity noise as I
well as also the exhaust which comes
from the steam
1
Now having passed around and
left that point they came around to i
Twentyfifth street and the first that I
they know that this unfortunate ac
cident had occurred was when their
attention was called lo It by Mr Had I
lock who told them that they were
wanled here at the police station
They told us and T tell you that when I
they were proceeding aong Washing
ton avenue and il the time when this
accident occurred they were not going 1
at any exorbitant rato of speed
Ac to the Speed
They think they were within the I
limits of the speed that is permitted I
under the ordinance However that I
may be It may be that It will be a
matter of Inquiry for this Investiga
tion and all that we ask in this con I
nection with respect to that matter is I
that there arc witnesses to that trans i
action and saw the accident when It I
occurred who say that this view of J
these gentlemen Is correct and that I
they vero not making any great rate 1
of speed notwithstanding we are in
formed also that there are those who
claim that o tremendous rate of speed
was being maintained at that time
As to Drinking II
Also we desire to say In the In
terest of our clients here having made
to you a free voluntary statement J
of this transaction as It occurred as
wo know It that it has been Intimated
that these gentlemen were drinking
at that time and had been during the
afternoon We have not Interviewed
one gin < lr unlit In rf uiir < pt to Iliol mn I
I ter hUlr we only ask that In Justice J
to our clients In this investigation
lint the police officers who came In
contact with these people immediately
after this tiling occurred the men and
women with whom they were assoclat
ed and with whom they talked im j
mediately boforo it occurred shall be
called If any question of that sort
shall he raised in this investigation I
Hat Thrown Away I
There Is one further matter I de
sin to mention In this connection I
do not consider now that we have
made this statement to you that it is
of any great Importance In this inves
tigation but considerable has been
said about it through the newspapers I
and ctherwise and therefore having
undertaken to make to you a fair full I
and complete statement of this trans
action as we knovr It 1 desire to say
at this time that when theso gen I
tlemen came around here to Twenty
fifth street and were spoken to by Mr
Hadlock that they took the machine
to the garage and they put It In Its
place and when they had gotten out
of the machine Mr Kenned happen
ed to see somewhere on the body of
tho machine a hat Ho said some
thing about It and 1 believe that Geo
Larson beard It nobody else heard It I
When he saw tho hat thoro on tho
machine he picked It up and pitched J
II over Into a machine that was next
to it whose machine It was I do not i
know Again Mr Kennedy mentioned
the fact that there was a hat there
as they wore coming up here in com
pany with Mr Hndlock Will Howell
told him Well go back and get It
and he did He left the crowd to go
back to the garage and like many an
other man who has been suddenly ar
ctised 01 doing something that was
I wrong and filled with that sort of pe
culiar terror that comes to Individuals
j I suppose when they are accused of
crime and they not having a criminal
instinct he went hack and got the
I hat and foolishly threw It In the alloy
this side of the garage Now that Is
r the fact with respect to this hat
transaction which you have heard
about and he today regrets more than i
an other man in this house that un
der an impulse a foolish impulse he
did it If It was any crime then ho
was guilty of a crime If It throws
any light upon this transaction and
how this man was killed In this tin
fortunate accident then go Into it and
verify what I have stated to be tho
facts in the face I
Now gentlemen of the jury and If
the court please and counsel for the
state as well as counsel for the family
hero represented we saw tit to keep
silent and say nothing notwithstand
ing all sorts of rumors wore current
on the street until the present time
That Is to say Mr Dagloy and myself
who had been called in consultation
as attorneys as to what these gentle
men bad best do under the circum
stances to say nothing until the time
came when it would be proper for
them lo speak and when they had
spoken or I or Mr Bagley had spoken
for them that they would he here In
the court room ready to he put under
oath and this whole matter Inquired
Into and they then could tell for them
selves as I have lold you before just j
exactly what this transaction was jind
their connection with It I
Court a Complete Investigation
As T said in the beginning I be I
Hove by making this statement now I
that It will largely narrow this trans
action You arc now rid of any neces I
sity for attempting to find oul who
were the parties whowere driving that
machine when this man unfortunately I
was killed and this accident which
I every cne of these men and every ono
of us who are here present and every I
I body everywhere must of necessity re
gret But It has
unfortunately oc
curred and these are the facts and
tho connection of these men with it I
Widow Weeps Bitterly
Mrs Faut the widow of the deceas
ed was In the court room and she
wept bitterly as Mr Johnson told
tho story of the killing of her hus
band I
James H Douglass was excused
from serving on the jury last evening
and J S Carver was sworn to fill the
vacancy The reorganized jury con
sistlns of S H Browne Charles P
Carlaon and J S Carver viewed the I
dead body at the morgue this morn j
ing botore 10 oclock and at 1030
they appeared before the Judge of tho i
municipal court to hear tho testimony
to be offered regarding the killing of
Parker Faut on New Years eve
I
Array of Attorneys
County Attorney Jensen conducted
the examination for the state and Miss
Eva C Krb was sworn In as official
stenographer Judge 11 H Henderson
appeared in behalf of Mrs Faut wid
ow of lie deceased and Attorneys T
D Johnson and John E Bagloy ap
peared for William Howell and others
rhp tllIn nr fh cn hI nn
Ing created no little interest on the
part of the people and the court room
was soon filled to its utmost capacity
by spectators The story of the trag
edy ns told by Mr Johnson and re
iterated by the witnesses that tosti
fled this morning was listened to in
profound silence except for tho sob
bing and weeping of Mrs Faul
John H Larson city councilman
from the Second ward was the first
witness lo take the stand Ho told of
the trip taken by himself Will How
ell Elliott Kennedy and George Lar
son witness brother on the after
noon of last Saturday The statement
of Mr Larson corresponded in all ma
terial facts with that given by the at
torney In his opening address to the
Jury j
Councilman Larson Testifies i
Mr Larson said that he and the I
party wore driving along Washington
avenue at about the lime of the al
leged killing of Mr Pant but that j
they were moving at a moderate rate I
of speed perhaps eight or ten miles i
an hour They proceeded along the
avenue on the cast side of the car
track but that at a point near tho
north side of the Twentythird street
intersection the car was driven close
to the car track ono wheel of the
auto being on the Inside of the east
rail of the street car track
At about 100 feet north of Twenty
third street the witness said ho felt
tho automobile swerve at the same
time there being a perceptible jar
and he noticed that the auto turned
to the left BO as to miss the poles In
tho center of the Htreot just in front
of them The automobile he said
was a sevenpasaeivser car a White
steamer and that he was sitting on
the from scat with Mr Howell and
that his brother and Mr Kennedy
wore lidlng In tho back seaL Ho
paid ho did not see anybody > in front
of the car at any time and did not
know that thev had run over anyone
Felt the Jar
After going a little farther along
Washington avenue on the West side
it occurred to him that they might
have struck something which paused
the Jar to the machine they had ex I
porlonced near the street crossing He
said he called Mr Howells attention I I
to his fears by saying j
I think we hit something to
which Mr Howoll replied
I
Did we
Tho machine was brought almost J
rJ EIb 1
irfrilM > = e itr m
Charles New Cafeteria Co
Largo variety of the highest pradc of pure food cooked
and served right Von dont have to wait aud your meals coat
as much or as little as you wish
Lunch 1030 to 230
Dinner 5O to 830 L1
2376 Washington Avenue I
156 CIan vi 1ofII < n It JI 11Jo1 IIIIl
to a standstill said XT Larson
and we looked back to see if there
was anything wrong I could not sco
anything out of the way and saw no
one in tho road back of us and I told
Mr Howell I guessed we had not
struck anything and that we had bet
tor move on
onOfficer
Officer Told Them
The witness stated further that he
did not know anything of the accident
until Ofllcer Hadlock met the party at
Murphys ttnloon and told Mr HowcU
that ho had bettor call lie Captain
and talk to him about the accident
that occurred on Washington avenue
in which a man had been killed Mr
Larson said they all got Into the ma
chine with the olllcer and went to the
garage where tho machine was left
and the party accompanied by Officc
Hadlock went to tin police station
He said he did not talk with any
body at the station about the accident
except IJngbcrt Anderson and that tho
talk with Anderson was In the Scan
dinavian tongue but did not refer
particularly to the accident
Continued on Page Seven
n
ERNST TRIAL
NOW ON IN
COURT
Aside from the regularly constitut
ed court ofllclals the twelve Jurors
secured last evening the colored pris
oner and his loyal little wife a Stand
ard reporter and perhaps a dozen col
ored men friends of the defendanc
few spectators were present in dis
trict court at 10 oclock this morning
when the case of the State of Utah
against Clarnce Ernst charged with
murder in the first degree in killing
Charles Staples on the night of May
15th last was called The jury con
sisting of Thomas A Reid Hober H
Holmes William Gale Willard Kay
Leon F Browning O W Badger
Moroni Sheen George J Reeder W S
Flcwelling James M Russell C H H
Martin and T W Horn answered to
roll call and the first scone in the sec
ant
ond act of the tragic drama was on
Ernst the prisoner and defendant In i
the case occupied a sent Immediately
behind his counsel and until court
unt cour
was called to order held an animatcl
conversation with his wife a plensnnt
faced little colored woman who has
cheered nn1 nnennrMsroil hor linslirtiul
n
during almost eight months confine
ment In the county Jail Ernst Is a
smallsized man He was fidgety and
nervous during do session of court
today and watched the proceedings
I closely from beginning to end of the
I first days trial i
I Opening Statement I
In his opening address to tho Jury
1 District Attorney Harris said he
would make no extended statement at
this time but tho State
tme would prove
that tho defendant on the night of
May Jnth last shot and mortally
wounded Clarence Staples and that
the Injured man wag at once taken
lo the hospital submitted to an opera
tion and died a short time later as
the result of a gunshot wound inlllct
ed by the defendant He added that
Ernst was the proprietor and manager
of a nogro saloon and gambling house
on Lincoln avenue near tho intersec
tion of Twentyfifth street and that
on the evening arnresaid Staples en
tered the resort and with other col
ored men engaged In a game of
Black Jack that iliirinp Ilirt
dnrint 111 nrnrnc < j
I of the game Staples n engaged In an
altercation with the dealer a colored
man named Giles and that the latter
lator
grabbed the bank roll and escaped
through a rear door from the room
that Staples followed Giles to the
I street in an effort to overtake hil and
secure his money iu possession of the
dealer that
later Staples returned
to Ernsts saloon and whllo In front
of that Institution
an altercation oc
alercaton
curred between Ernst and Staples
and that the former pulled a revolver
which he had secured from a cigar
CIBO In his
saloonafter Staples had
I chased Giles up Twcntyflfth street
and shot Staples to death Details
of the shooting were gone into at
sensational some length but nothing of a startling
ensatonal nature
was brought out
except the fact
that the prisoner had
shot Staples and that the latter had
later
died from hat
the effects of the wound
Tho First Wltneao
The first witness called for the I
p was Wllam i4 caled a js
Hal young
colored
man Ollt
the Puiinman formerly lu the employ Jf
Pulman couiulany and at prcseum I
WorllnS pre8el
as a
walter In the
cafe a Salt Louvo
Lake
he WR vehl Hal admitted that
wel acqualntcd
with
Staples
whom he knew as a horseman
racing tout at and
lit Saratoga and saId be
was iresent In I snit
Ilrelentln Ernsts
on Lincoln rstH gambling hou8
avcuue
the
night or
Shooting Ho detailed the
detaled Incidents oC
the gambling game wherein Giles anl
Staples quarreled and followed the lat
ter In of Giles to the
tel pursuit Gle8 As
fembly saloon a colored resort on
Twentyfifth mrcet He gall Emil
was present when the row oC urrel
I between Giles and Staplei ni d WaR
t also a participant in time giume oi
I BlackJack that he Ernst was In
S censed at the breaking up of the garni
In his house and attributed the row
to the drunken condition of Staplrj
He had seen no knife or other weapon
In Staples possession either bcforo
or during the row between tho latter
and Giles and did not believe Staprs
was armed or looking for n deaperot
encounter Staples had visited tv
Assembly saloon twice that nigh
about 1030 oclock after thin row aid
had then loft presumably for Ernst
I saloon The witness had then stanch
to follow Staples down Twentyfifth
street and while going towards lie
Board of Trade corner saloon h id
heard several shots and later on ro
llzed that a tragedy had been cnncti
The evidence of Hall was not parti
cularly damaging to the defendant i
though he was put through a grlllii
In tho crossexamination by JUJ
Willis who sought to bring out th
fact that Staples was a professional
racehorse tout existing from mane
derived from such gambling nnd al
together a dangerous and undcsirabia
citizen
ctzen
DEAF MUTES WEDDED
ON PARENTS ANNIVERSARY
Jollet Ill Jan GA weddlnp at
which both
bride and groom wore
deaf mutes was celebrated yesterday
in Beechcr when Miss Emma lesson
of Beadier and Charles Bartels ol
Chicago were married by Rev J J
F Going at the homo of the brldof
parents Mr and Mrs Louis Jos rvi
The fact that tho golden woddnt
anniversary of the brides naren l
as being observed on the sam > rtry
added to thc novelty of the occasion
I
I I BANK STATEMENTS
j REPORT
Made to the Secretary of State of the
State of Utah of the Condition of
THE OGDEN SlATE BAhK
Located at Ogden In the County 01
Weber State of Utah at the close
of Business on the 27th Day of
December 1909
RESOURCES
Loans and discounts i1422G03c
Overdrafts 1711982
Bonds Stocks Certifi
cates etc 17627831
Banking Housef 2ruiun1 I
Real Estate 90332C
Due from Nation
al I3nmtks233ii969
Duo from State
Banks and Banlc
ers o2201Jfi J
Cash on hand 25111552
53679007
Total l9042SSi2
LIABILITIES
Capital stock paid in 10000000
Surplus fund oUJUUUU
Undivided profits less ex 1
penses and taxes paid oD70392
Dun to National J
bank 5211730 j
Duo to state
banks and bank
ers 17470532
Individual depos
its P03SC070
Savings Dept C5SG1399
Cashiers Certified checks checks 1738919 ICGSOO
170S5S150
I
I Total 190425512
State of Utah County of Weber
A P BIGELOW being first dub
sworn according to law deooscs aod
says that ho Is Cashier of the above
named bank that the above and fore
going report contains a full true and
correct statement of the condition o
the said bank at the close of biiflneJJ
on the 27th day of December 1909
A P BIGELOW Cashier
Correct Attest
J N SPARGO
II C BGBIWI
G L BECKER
Director
Subscribed and sworn to before id >
this 30th day of December 1909 i
A C PAST Notary Public
SEAL j
My commission expires DeceinW J j
27 1912
State of Utah Office of the Secrcli
of State
I C S TING Y Secretary of SliUj
of the State of Utah do hereby cef
tlfy that the foregoing is a full 1
and correct copy of the statement h
the above named company fl e
In my office this 3rd day of IzmnUjl1
1910 C S TING BY
Secretary of StJ
j