Two bullets entered the body of the officer and death was almost instantaneous. Horton pulling his gun and shooting the policeman in the back, then making an effort to escape and being captured and lodged in jail a few minutes later. Norton, who was 26 years of age and who has a wife and four little children, lost his position at one of the mines and then started drinking. He borrowed his brother's gun and went down town, firing one shot near the rear of a local saloon. Officer Robertson was informed of this matter by orton's brothers, who asked that the man be arrested and disarmed before more serious trouble resulted. The officer found Horton in one of the local saloons and was taking him to jail when the shooting, which resulted in the officer's death, took place. As they approached the county court house, the policeman stepped ahead to open the door and Norton shot him. There were at least five eye-witnesses to the shooting and several other persons were close at hand. David Mills, George Horton, Ronald McDonnell, Mrs. A. C. Burton and Mrs. Harry J. Robinson saw the shooting. They state that the man who had been arrested did not seem to be resisting the officer, in fact, the officer was walking slightly in the lead as they approached the court house. The officer had his hand on the door knob when Horton commenced shooting, and when he fell, his body blocked the doorway. Sheriff McDonnell was at his office in the court house, when the shots were fired, but Horton was not in sight when the sheriff hurried out of the building. George Horton, a brother of the man who did the killing, and Davis Mills, who chanced to be passing the court house, were the first to start after Horton, who fled as soon as he had shot the night policeman. In the darkness near the Keystone dump to which point the chase led, all stumbled and fell and Horton dropped the gun, which was promptly picked up by Mr. Mills. The Inquest Mr. McKnight, the county attorney, was in Eureka at the time of the shooting and within an hour after the police officer had been killed, an inquest was held before Judge William Bromley, act coroner. The jurors were: Frank Garrity, Frank Gremar and J.B. Myers. Among the witnesses examined were Mrs. A. C. Burton and Mrs. Harry J. Robinson, who were standing about fifty steps away when the shooting took place. David Miles, who was less than fifty feet away and who in company with George Horton pursued and captured the murderer; Ronald McDonnell, another eye-witness to the tragedy; O. A. Taylor, Frank Beesley and John J. Hannifin, who were close at hand when the shots were fired; and Dr. Laker, who made an examination of the officer's body a few minutes after the shooting. The witnesses to the shooting stated that Officer Robertson and his slayer walked toward the court house and that as they crossed the street, Horton offered no resistance. As they reached the door of the court house, the officer stepped slightly ahead to open the door and that the first shot range out a second later. Two other shots followed in rapid succession. The first shot missed the officer, the second entered near the right should and lodged in the breast, while the third stuck the back of the head and came out through the mouth. Either would have been fatal. After the third shot, Horton fled and was pursued by his brother, George Horton and David Mills. The man was captured a short distance from the Odd Fellows Hall and Mr. Mills secured the gun which a few minutes later was turned over to Sheriff McDonnell. An examination of the gun showed that it contained four empty shells and one loaded shell. One shot had been fired by Horton before his arrest and three had been fired at the door of the court house where the killing occurred. The loaded shell showed that the hammer of the gun had descended upon it without discharging it and it is thought that Horton either tried to fire another shot at the officer, as the latter lay on the ground, or that he made an effort to shoot the men who pursued him and brought him back to the jail. The jurors, after hearing the evidence of witnesses, brought in a verdict which stated that the officer, while in the discharge of his duty, had come to his death by gun shot wounds, the shots being fired by Elmer Horton. The Preliminary Hearing. Horton's preliminary, on a charge of murder in the first degree, was conducted by Judge Bromley's court on Tuesday afternoon, the prisoner having been arraigned on Tuesday morning. The county attorney, J. H. McKnight, conducted the hearing and the defendant was represented by John Beasley, a local attorney. While the defendant was willing to waive preliminary hearing, the county attorney would not consent to this as he wanted a stenographic report of the evidence for use when the case comes to trial in the district court. W. L. Cook, court reporter for the Fifth Judicial District, came down for the purpose of taking down the evidence. The state placed twelve witnesses on the stand. They were Dr. Laker, David Mills, Mrs. A. C. Burton, Mrs. Harry Robinson, Ronald McDonnell, Sheriff Angus McDonnell, John Hannifin, O. A. Taylor, George Horton, Bryan Parker, William Manson and Edward Ballou. The testimony of the eye-witnesses was practically the same as that introduced at the inquest the previous night and little additional information was brought out. George Horton, who is a brother of the murderer, was a most important witness for the state. He has been almost frantic with grief since the killing, but when the county asked him if he would go on the stand, he willingly agreed to tell all he knew of the tragedy. Mr. Horton said he learned that his brother had a gun and that the matter was brought to the attention of the night policeman by Bryan Parker, who had been sent to the city hall by another brother, who is employed at the Oxford Cafe. George Horton followed Officer Robertson and his brother when they started to the city jail. The witness said he saw his brother draw the revolver, but thought that he was going to throw it away, while the officer's back was turned, and thus destroy the evidence of having carried a concealed weapon. He was horrified when the shots were fired, and not close enough to prevent the killing of the officer. When his brother ran, he gave chase. His brother snapped the gun on him, but it failed to go off. William Manson and Edward Ballou testified that Horton had made threats earlier in the day against some one in a local business house, but that he had mentioned no names. The defense did not put any witnesses on the stand and after Horton had been held to the district court, without bail, Sheriff McDonnell and City Marshal Allen took him to the state penitentiary at Salt Lake. They started immediately, taking an automobile to Spanish Fork, and then using the interurban railroad. So many prisoners have escaped from the Nephi jail that the county officers decided to send Horton to Salt Lake. His trial at Nephi will no doubt come up soon after the first of the new years. Several special officers were on duty in Eureka while Horton was in the local jail and it was to cut off the extra expense that he was given a speedy preliminary hearing and removed to Salt Lake. Alex J. Robertson The officer who lost his life while in the discharge of his duty was one of the well-known citizens of Eureka. He came here in the neighborhood of fifteen years ago and followed mining for several years. Two years ago he was appointed to the office of night policeman, the appointment being made by Mayor Hugo Deprezin. His term of office would have expired on the first Monday in January, when the new city officers will be sworn in. Mr. Robertson was of unusually quiet disposition. He was kind and generous in all things and it was no doubt to save the arrested man the humiliation of being publicly disarmed that he took the chance which cost him his life. For many years the deceased has taken a prominent part in the affairs of the Eagles lodge of this city, serving as its secretary. The other night policeman, Daniel Martin, was to have relieved him at 8 o'clock on the night of the shooting, permitting him to attend the meeting of the Eagles. The killing of Mr. Robertson occurred a few minutes before eight. Among the relatives of the deceased are eight brothers and sisters, Heber, Jake and Wells Robertson, Mrs. Benjamin Argyle and Mrs. W. O. Creer, all of Spanish Fork; John and Nephi Robertson of the Big Horn Basin in Wyoming, and Ezra Robertson of Park City. Funeral Services Held Funeral services over the remains of Alex Robertson were held at 7 o'clock on Wednesday evening. The LDS Church, with a seating capacity of about 400, was filled to overflowing and many found it impossible to get inside the edifice. John Bunnell, William Bromley and Dr. Howell were the speakers. Musical numbers were rendered by the choir, by a male quartet under the leadership of Prof. Robinson and by Mrs. Zabriskie and Mrs. Gourley. Dozens of Eureka people made the trip to Spanish Fork the following day, attending the second service which was held at the tabernacle at that place and following, the remains to their last resting place in the Spanish Fork cemetery.
Members of the Eagles Lodge of Eureka acted as pall bearers, and many beautiful floral offerings were sent by sorrowing friends.
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