The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-10-02
The Evidence Coming In Thick
and Fast.
GRIN AND CHASTITY DETAILS.
What q Shotgun will Do When Properly
Charged with BuckshOt-0ther Pro-
eoedings Of the Court.

LIONS EXAMINATION Df MI BlNh7uA = AA'1e
learned OF Trefiies Dutrie's patent on part OF the
n ,ud he fenced after the killing. Commenced
eHtting hay on Dutrie's land about the i'th on
July. On the 18TH started hauling nay Lao
ieaued one load when the Dutrle boys cut the
fence and came in TO haul hay, No remarks
~ sssoa between them. Both parties had guns.
EsFife of PRESTON Was along with INN 10 mona LlS
gus while he loaded hay. Saw the Dulrles
going of nbout dark that evening. Had no un-
Gerstanding that they were 10 be AT the cap!h
rs,at night. Did not know OF NoakcS pelhS out
side of his house until awakened Dy HIle.
NoalIes came in and twas proposed ti9I tnoy 30
down and get the horses. .
The testimony Of the witness at the cxamlna'
ton before the justice was read 10 cohuaulcL
Kim here, The impeachment of the witness was
the object OF Mr.. Dickson S cross examination
throughout "
Witness said he took his pistol from custom.
Noalkes WAS about twenty-five yafuS ahCdu
gheH witness stopped to spread tie quilt.
Noakes was not so far from the cabin. Snoth
came from ths east side OF the cabin. N0alIea
had rubber everShOes-
husband hauling hay. Hiram Carter ana ner
husband were there. Saw Dutrie boys getting
into She field. They were at the gate anu
armed Alex came into the field, and soon after
crew his gun on witness, and said: You bet
ter get Gus OF there" Witness hurried down IL
the aeld where her husband and Carter were.
Preston hauled two loads of hay and the Dutres
three that tay Ncakes had nothing TO do with
Inc land Defendants worked on the house that
day About shutdown the work ceased. My
husband and the boy that was sleeping IN the
teGt near by were the only men there. lnOlnaS
Ncakes came to our house that night about II
C'c ock HespOkc to the boy Garter. L aWOko
MY husband and told him Tom was ;here, lie
was l8t in and got drink OF water. Tom SAID
he understood the Frenohmcn had cut the fence,
and was afraid his horses would get out. lie
said he would go ana sleep down III the trail 10
keen his horses back. NOakeS had OVerShOes
on that night He had LETT his boots at our place
because they were worn out and full OF holes.
he had sent for new boots and they came sun
day. after he was killed. in about i've minutes
/ heard quito vOllcy OF shots ana my husband
came back. We then bundled up our things and
left the house. After we got out heard single
shot We went over 10 Smiths ranch. It WAS
moonlight but clouds would sometimes hide its
face We met two Indians on the way, named
Tintie ind Nimrod. Their camp was not Tar
away. They went with Us part OF the way. We
talked RboUt the shooting. We didn't 90 back
70 our own place again for nine months.
Cross-ezamlned, by Mr.. Dickson-i'he Indians
Wo met had two pistols and gun. There was
a spring near our house and NOakeS knew whe e
IL was. HIS only business seemed 10 De 10 get d
drink of water and TO say that he was geing to
sleep in the field near the trail Ny
husband said, WYATT minute and l VIII
20 with YOU NoakeS went in the tent and got d
Quilt On the 18th my husband took d rife down
in the field with him. My husband WAS loading
in one part of the field and the Dutcie- in an
other He (my husbandj took pistol with him
down in the field. l don't know whether Noales
was armed OF not l didn't see my husband
take q pistol, but heard him say he had one.
The rife was in the house that night
Ny Bachman, the clerk of the court have
pistol that rot from Mr. Earl. il is in the same
condition now IS when ! got II. The weapon
was submitted in evidence.
Mr.. Georz-u Bishop testified reside in Snake
valley, Willard county On the night OF the 10th
Of July, 1853 met IN Indian, who first told me Of
the shooting This was before saw my daughter.
went TO look for the body. l called TO Dutrie
VI n he replied TO come along and without arms
1 said wanted to ird the body Of NOakeS. He
said II went 20 look for the body they would
shoot me too. They, all three OF defendants,
were er ned. They kept inc there. About one
hour after sunrise l said ! am going to hunt
NCalrcs. / found him near the cabin lying on
his back His clothes were unbuttOued and
there was single bullet shot near his heart. A
ok shooter was lying by him. He had thirteen
buck shot in his bowels His ngnt leg was shot
all TO pieces, just above the knee. That wound
was dOre with shot. gave the pistol TO Mr.
Esrl There was no empty shell IN the pistol. /
said then. Tom Noakes never shot" Trt
Dutrie said, No he never shot" Right away
after that Alex said. My God, he was close -
me- when shot him" Triitiy said. keep still.
found q pistol, u quilt and hat not far away.
That pistol was also loaded all around. saw
blood on the body. 1 examined the body at the
inquest The buclIshot wounds were sloping
Gown SO was the bullet wound.
Mr. Dickson said he would crosS-eSamine TINS
witness in the morning, and at $50 the jury took
a walk and Richard Brampton, u son of Bavaria,
came forward and applied for citizenship. His
honor greeted him with a smile and word OF
cheer. and quizzed him gently a. to his know
hedge of our country and Its ways. Ihey were
ruled by an Emperor where he came from, and
so we've we here, he said. He now lived in Lehi,
which Is in Provo county he thought. He was
told 70 go home and learn something.
The court adjourned.
with the usual Hear ye. Hear yer at $50
o'clock After the reading Of the journal, John
vi Jacsson was arraigned for adultery, and was
aYSFed till O'Clock TO plead. Josiah +. Gibbs
arraSgned on the same charge, was allowed the
same time.
Through his attorney MIR. king asked lor con
tinuance till next term, rs his wife was very III.
The Dutrie murder case was taken up, and
Mr.. Bishop cOutinucG-Trufty Dutrie asked me
II there wasn't AN empty shell IN the pistol 1
saw no evidences OF struggle where the body
Gross-sxamined by Mr.. Dickson found an
empty snOll in the pistol some time after"aul.
Witness had never shot pistol or gun in his
life and when he was handed the deadly weapon,
which WIS still loaded, he banded 1t in q man
usr TO make all CrinCc. The defendants, when
went 70 the cabin, were prepared apparently
10 ..l,ac.l anytody who came Witness mad AT
one tne offered 10 fight Alex Dutrie for so.
Wa, at one time Il detective in England, some
twenty yea;s ago.
Albert Earl tcstifod-I was N home till u
o'clock the night Of tAe 2Oth Of July 1888 wht n
/ was awakened by Preston. just before day
light went down TO the cabin. Bishop came
out and met US The defendants were all there.
l looked in the cabin after daylight. There was
no floor except enough to make their bed upon.
The dav Was breaking when We reached the
cabin. About two hours after going there, | saw
the body OF NORlIss. During that time We were
ali near the cabin. The defendants were ali
armed said had heard OF the shooting and
came up 20 look for the body. P&tnJde SAID
when other parties came we might look for the
body He made no threats TO me. Trlffty said
be had u right there and would maintain his
rights if no had TO fight for them. There was
but little conversation there about the killing.
We found she body near the house lying on the
hack straight out. The body had pair of over
ais and a shirt and vest On. dis pants and
were lying across his abdomen. His
pistol Was lying by mis- lett side.
It WIGS clean. The belt was lying
STRAIGHT out from the body on either side. His
hands, face and clothes in front were covered
with dust There were tracks about the body.
They were boot tracks evidently. The trac :
ri from the BODY toward the cabin. There
'vfste also tracks below the body, toward the
Trail When we went 10 l'ok for the body
Truffiy said it WASH necessary 10 look for II, I
Vas there. examined the wounds: witness
description OF the wounds didn't diner from the
previous witness. Bishop picked up the psi
and handed Is 10 me. / gave u 10 The clerk I
this court. II wasn't changed while ! had II.
heard some OF the parties there when We lou d
the body say: no he idecsased) di,3il't Shool. '
To Mr. Dickson: The bgclishot in the boy
we're all close together. ] saw 10 blood on or
around the body. When we put the body IN tao
wagon the blood poured out Of the back saw
no tracks there as If made by oTershoes such as
deceased had OF.
bishop was recalled for further cross-eXarn-
nation and some OF his testimony in the last
tripl was read to him, and he was asked 20
reodtloile Is with what he had today testified 10.
James PIestou-I live in Snake valley, near
the scene Of the trouble. Before the shooting,
in June think, heard Trefiy Dutrie say in
the presence Of Alex, that he had advice In the
matter and said he meant 20 kill both OF them
and would use shotgun law. l didn't testify TO
this in the former trial, because you shut me
OF Alex said, II am sorry ] didn't Kill u G