The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-10-04
PROVO COURTS.
The Conclusion of the Evidence in the Dutrie
Murder Case.


Murder Case.
The Dutrie case was resumed Wednesday af-
ternoon and Judge Powers read several deposi-
tions from attorneys-atlaw OF Eureka, Nevada,
relative TO the good characters Of the defend
ants, and others from prominent citizens of diff
ferent parts of Nevada. He also read from the
court notes Of testimony given by Hyrum John
son at the former trial as to the reputation OF
Patnode.
Court Reporter Pike was sworn in and testified
that he took the testimony at the last trial and
these court notes were correct transcription Of
1 that testimony.
Mr. Powers read the testimony of Mr. Bishop
and other witnesses whose testimony differed
from their present declarations.
Mr.. Pike also testified that on bright moon
light night during the former trial ne expert
mented with Mr.. dickson and he could not tell
at a distance Of twenty-five PAGES whether Mr..
Dickson was u man Or post. At half that dis
tance he couldn't recognize the features of his
friend
The court ruled that Mr.. Varian might not
read the record of the former trial to modify or
explain Mr.. Bishops testimony, to which Mr..
Narian frowned an exception.
NJ. Nicholson testified That he in the winter
Of 1896 and 1881, knew the reputation of Patnode
in Nevada and that il was, good. He also knew
Alex Dutrie, whose reputation was good.
Joseph Black testified that Preston in 1886
told him he would kill the Frenchman, if he
turned away his water again and would make a
dam OF him.
IL now came the turn OF the red mer of the
forest" about eight OF whOm have been lounging
here during the whole of the trial. and Chief
Gunnesty came gracefully forward and testified,
through Charlie, Indian in tcrpreter, that
Bishop told him on the 20th of July that there
would be a fight that night with the French
men. Mr. Varian had a pale face sworn during
the cross Tamination,
WEDNESDAY EVENINGS SESSION.
William Bridges said he was called by the de-
tense and SAID Ike Preston told hun ILere
would be mob after the DutTlCs
In rebuttal. W. 4. JuStensen said Noakes had
a pair OF overshoes on when at my place ON the
Asth. He had light hat on.
NM. Bishop recalled in rebuttal-On the 10th
WIS at home till > o'clock. Went TO Rhodes
house where the Indians saw him but didn't
see Chief Gunnes5y nor have q talk with him at
that time. l did ask Lyman 10 have drink of
Isaac Preston recaIed-Trchiy Dutre was not
there at the water trouble. On the ID of July
NoaSeS went with me to see the Duties. Alex
and NoakcS had trouble. Alex called aim a liar
ana Noakes struck him with the back of his
hand Bishop ana not get out OF the wagon on
the 10Th when we met tie Indian.
Mrs. Preston recalled, said-Whe1 my father
passed our house on the 10Th he didn't get out.
My two sisters We're with him. One o. the girls
got out OF the wagon.
Mrs Smith tesLIned-I lived in Sake valley
tareo Years ago / knew PdtnOde aid Alex.
Duinc both in Nevada and IN Snake valley.
Thclr reputation was bad. On cross-eXamina-
ltIu witness gave the names OF several persons
whom she had heard discuss the reputation.
Mr. Lyman, who has been witness for both
sides in nearly every phase OF the trial said de-
PENDANTS reputation for peace and quietness
was bad.
james Prcston-I have known Alex Dutrie
and Patnode about four years. Their reputa-
ton as dangerous, quarrelsome mel,wds Dad.
MIR Almond RhoadeS also bore witness to the
bad reputation OF the defendants. 1 heard that
Villain Taylor and Patnode had fight and
thai Patnode was badly punished.
aHVaea IgnvfHF tho
reputation Of Patnode and Alex Dutrie, and it
was bad. Have never heard Of either of them
being in fight or being arrested for bad conduct
OF any kind.
Mr.. MADISON said Patnode's reputation was
bad
When Mr. Dickson asked him if he didn't
laugh this afternoon when he went back and
took his seat. he answered No"
This no doubt will be the turning point in the
case.
neard him say that l said / would kill the
Frenchmen, but it isn't true, neither did tell
anyone that l would kill and make dam of
Dutrie.
IsS8 1 don't remember whether Hiram Garter
told me that NoakeS and Preston went TO lay
for the Frenchmen or not.
II was agreed that either side would have two
and half hours for argument, to commence at
THURSDAY MORNING.
The Dutrie trial was resumed and Mr.. Earl
denied the statement made by Patnode that
witness took the pistol from the body OF Noakes.
Il was Bishop who took the pistol.
Deputy Marshal Redneld was called by the
defense and testified that the trail in dispute
was an old one
At five minutes past Q o'clock Mr.. Varian
asked the court that certain instructions be
given and then went TO the jury with strong
and logical argument, continuing until 1880.
4 A stepdaughter of Bishop testified that she
Twas with Bishop the day that the Indian Gun
hesty saws he talked with him, and witness says
they didn't see the Indian at all
~ TN;o1rsCr oranad his ory1,ppnt l,v saving