been in the hands of deceas

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been in the hands of deceas
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been in the hands of deceased.Whence comes the fourth shot? and who emptied the chamber of deceased's pistol? That deceased had a pistol with him is a concession made by the prosecuting attorney on the trial. It will be seen in the extract from the bill of exceptions first given that the witness Heslop testifies positively that just a short time before the shooting, the deceased showed him a pistol, which he then had on his person, while sitting on a box on the side of the street opposite the scene of the homicide; and the prosecution admitted that this was after the deceased had been ejected from the saloon.Here, then, was a man who had a few hours or minutes before had a difficulty in which pistols were drawn, who was known to be of desperate and vindictive character, who had shown a witness a pistol within a few minutes preceding the fatal encounter, and that pistol was, after the encounter, picked up on the sidewalk where it occurred, with a chamber empty. Also, strong evidence to show that one more shot was fired than defendant had fired, and the probability that it came from the pistol of deceased at that time.Now, when, under all these circumstances, the witness, and the only witness who was present at the encounter, swears that lie cannot tell where the first shot came from, though he knows that defendant only fired three, it must be very apparent that if the person to whom the deceased exhibited that pistol a few minutes before the shooting had been permitted to tell the jury that deceased then said he would kill defendant before he went to bed that night, it would have tended strongly to show where that first shot came from, and bow that pistol with one chamber emptied came to be found on the ground. This testimony might, in the state of mind produced on the jury by the other evidence we have considered, have turned the scale in favor of defendant. At all events, we are of opinion that in 'hat condition of things, it was relevant to the issue, and should have been admitted.The judgment of the supreme court of Utah is reversed, with directions to 6et aside the verdict, and grant a new tri