Sunday, March 15, 2015

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



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