Mountain Sheep - Part II

Deseret News, Tuesday, May 9, 1900

Jury Quickly Finds Man Not Guilty of Attempt to Kill

            Testimony in the Olsen case was concluded this morning in the United States Court and was submitted to the jury this afternoon. 

            The first witness called for the defense this morning was Mexican Pete, who testified that the Indian provoked the quarrel; that before Olsen had said a word, Mountain Sheep had called him a son of a b---.  The witness was asked if he understood English, and he answered that he understood a few words and that “son of a b—“ was the first English he had learned.

The Daily Tribune, Salt Lake City,  Utah, Wednesday May 9, 1900

            Charles Carter testified that he had employed Olsen, and knew him to possess a good character, and that the Indian Mountain Sheep sustained a very bad reputation. 

            Harry Grey – a boy who had herded sheep along with Olsen, testified that Mountain Sheep had threatened him, and that he had heard of general threats made by Mountain Sheep against all the sheepherders, and he had communicated them to Olsen.

            Mr. Bryan had known Olsen about seven years, and had known him to sustain a good reputation.

            The prosecution, by way of rebuttal, recalled Mountain Sheep, who denied having called Olsen a son of a b--.

            Major Myton the Indian agent, was also recalled, who testified that Mountain Sheep was generally recognized at the agency as a good Indian; that an agreement had been entered into between the agent and the sheepherders that the latter were not to pasture their sheep around the water that the Indians used for household purposes.  The witness also stated that he would take the testimony of the Indians before that of most white men from that country.

            Henry Harris, the interpreter, had known Mountain Sheep since 1888, and he had known him to be a peaceful and honest man.

            Captain Guilfoyle was recalled, and testified that in a conversation with the Mexican, soon after the latter’s arrival at the post hospital, the Mexican stated that Olsen had been the aggressor in the trouble with the Indian, having struck the latter with a tent pole immediately after dismounting from his horse.  The witness admitted, however, that he elicited the story from the Mexican with great difficulty the latter being under the influence of opiates to relieve him from the pain he was in from his shattered arm.

            The prosecution then rested, and Assistant Attorney Cherrington opened the argument for the prosecution.  He was followed by Judge Burton, District Attorney Whittemore and Attorney S.A. King made their arguments in the afternoon, and the case was then given to in the hands of the jury.

OLSEN ACQUITTED

            Then Later – The jury came into court shortly before 4 o’clock, after three-quarters of an hour’s deliberation, returning a verdict of not guilty, Olsen’s discharged was immediately ordered.

James Olsen

MOUNTAIN SHEEP - Part I

This is a story of Scott’s great-grandmother Annie Martha Olsen Andersen’s brother James Martin Olsen.  It was given to me, along with the pictures of James, by RoJean Rowley, mayor of Duchesne, who is a descendant of James Martin Olsen.

Partial Family Tree of Doris - showing relation to James Martin Olsen

 Salt Lake Herald, January 7, 1900

Olsen Shot an Indian

            Olsen is the man who shot Mountain Sheep, the Utah Indian, November 5, on the Uintah reservation.  As the Indian was too tough to die Olsen was saved from the charge of murder.  As it is he is now held for assault with intent to murder.

Janet Suddreth, Scott’s aunt, remembers being told that while being transported to the trial, James Olsen was hid in a barrel of mail on the postal wagon making its way to Price, Utah.  He feared for his life from the Indians who were on the lookout for him.

James Martin Olsen b. 24 Jan 1877, Spring City, Sanpete County, Utah

Deseret Evening News, May 8, 1900:

JAMES OLSEN ON TRIAL

Charged with Shooting “Mountain Sheep,” a Ute Indian

Claim of Self Defense

            The trial of James Olsen for an assault with a deadly weapon upon the Indian, Mountain Sheep, was begun in the United States Court this morning.  Considerable time was consumed in impaneling the following jury:  Charles Tulgen, A.H. Adkinson, Spencer Clawson, Joseph Morrell, W.O. Creer, J.K. Gillespie, Charles W. Symons, Cyrue Page, Daniel L. Lee, Walter J. Burton, John R. Twelves, Jeremiah Willey.

Deseret Evening News, Tuesday, May 8, 1900

            Assistant District Attorney Cherrington stated the case to the jury, for the prosecution setting forth that on the 8^th of November 1899, the defendant assaulted Mountain Sheep with a pistol.  The alleged facts being that Olsen, who was in charge of a herd of sheep, pitched his camp near a spring of water on the premises occupied by Mountain Sheep, and that the latter used the water from that spring for drinking and other household purposes, and that Olsen’s sheep were befouling the water.  Mountain Sheep rode up to where Olsen and a Mexican who was herding sheep for Olsen were camping and asked them to move below his house, that the water might not be contaminated.  Olsen positively refused to move.  Mountain Sheep said Olsen would have to move, and a quarrel arose.  Olsen picked up a tent pole and struck at the Indian but his horse, which shied, and threw the latter to the ground.  The Indian then advanced towards Olsen, telling him at the same time that he must move away from the spring.  Olsen then took his revolver out and fired at the Indian, the ball taking effect in the cheek.  Mountain Sheep then seized an ax that was lying on the ground and made for Olsen, when the latter fired again striking the Indian in the right breast, who then fell to the ground.  The Mexican in the meantime had tried to suppress the quarrel.  While lying on the ground the Indian crawled to the pistol, that Olsen had dropped in the scuffle with the Mexican and fired at Olsen, but the ball struck the Mexican in the wrist, whereupon Olsen rushed upon the Indian with a tent pole and dealt him three blows over the head. 

            Attorney S.A. King then made the statement of the case for the defense, on which he associated with Burton.  King stated that Olsen was a resident of Emery County, but had lived in Uintah County, where he was employed by Mr. Reeder as foreman over his sheep: that he had a permit to take the sheep on the reservation and was moving them there when the controversy arose with the Indian.

            Olsen pitched his camp, maintained Mr. King, at least four miles from the home of Mountain Sheep, when one day the latter came up to the camp where Olsen and the Mexican were, and began cursing and ordered Olsen off the premises.  Olsen refused to go, and the Indian struck at him with a whip and endeavored to make his horse charge over Olsen, and the latter took up a tent pole and prodded the horse to keep him from pawing him down.  Mountain Sheep then dismounted and advanced toward Olsen, who moved away, at the same time asking the Indian to quiet down, as he did not care to have any trouble.  The Indian picked up an ax and made for Olsen, who then shot his assailant in the cheek.  The Indian then knocked the pistol out of Olsen’s hand with the ax.  And Olsen grabbed a tent pole and struck Mountain Sheep over the head several times.  The Indian fell to the ground, and, seeing the pistol lying a few feet away, crawled to it and fired at Olsen, but struck the Mexican in the arm.  The Indian was again on his feet when Olsen knocked him down with the pole, and put the pistol in his pocket.

            Mountain Sheep was the first witness called, whose testimony was taken through Mr. Harris, a half-breed, and one of the most intelligent and reliable interpreters in the country.  A ripple of laughter went over the courtroom when the Indian, on having Olsen placed before him, said that he had never seen him, and that he had never had a quarrel with any man.  A discouraged look spread over the faces of the two district attorneys, but a bright idea struck one of them, and he asked the Indian if he had a wound.  The Indian then bared his breast and disclosed a scar, and finally, by permitting him to go at it, in his own way, he told his story, which was practically the same as the statement made by Attorney Cherrington.

            The old Indian is being examined by the defense this afternoon.  The case will probably be closed today.  

            And many thanks to our sponsor …

Deseret Evening News, May 8, 1900

To be continued ...