The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-11-18
OGDEN.
THE DILLON MURDER TRIAL.
The Defence in lnsanlty-The Suit to Recover
Certain Realty from the Investment Co.


little attention in the First district court
yesterday. The court room was damned
full all day and the proceedings were
watched attentively. The prisoner was
cool and reticent, and did not seem greatly
worried over the case which may de-
termine his life.
The court convened promptly at 10
O'clock. Only eleven jurors had been Sc
cured the evening before, so that the
twelfth had still to be chosen, which was
done by 10 80 o'clock.
Z. NJ. Allison, ir., appeared for the
prosecution and Q. w. Powers and w. II.
Dickson, of Salt Lake. for the defendant.
The case was opened with mastery ef-
fort of the prosecuting attorney. His re-
marks were plain and pointed, and no
doubt every word was caught by the jurors.
He said it was the intention of the prosecu
ton to show that the ball which
took the life of George Mitchell was fired
By the defendant Malachi w. Dillon and
that it was done without any provocation
whatever, therefore the defendant COM
mitted the crime of murder in the first
degree.
Judge Powers, in behalf of defendant,
entered plea of insanity. He gave a
graphic description of his life from his early
boyhood to the present time.
AT the close of his remarks the prosecu
tion called Carl Christensen as q witness
who testified
l have lived in Ogden over seven years
and work in the Broom hotel bar room. l
was employed there during the month of
January this year. l was porter at that
time. / knew George Mitchell abont efgh-
teen months. l did not know Dillon then,
l., ~ %A1O n,E, 0T
January. The Broom hotel bar room faces
On Twenty-fifth street. The bar is in th e
southwest part Of the bar room, and is
about 20 feet long and 4 feet high
George Mitchell was bartender in January.
! went to work at o'clock on the mornin e
of the Goth of January. Dillon entered
about 20 o'clock. Jack Phillips was with
him, and they were the first to enter the bar
room that morning. When they entered
was at the south end Of the bar wiping
glasses. When Phillips and Dillon entered
they Immediately called for drink. Dillon
called for them. Phillips said he wanted
syrup and whisky. Dillon said he wanted
wine. L gave him bottle of Pommery
wine. They filed their glasses (both took
wine) and drank part of 1t. Dillon had an
overcoat on when he came in and asked me
if l wouldn't take care of it. | took it and
hung it up in the corner. Dillon knocked
one glass off the counter and broke il. Dill
Ion gave me $40 gold piece. L went into
the hotel office and had it changed. l gave
him back So bill and the balance in silver.
He asked me which | would have, silver or
lead. l made no reply. In about five
minutes Dillon called for another drink.
They called for beer and l set out two
small glasses filed. They went out the
back of the bar room, leaving the glasses
on the bar. While they were out Mitchell
came in to go to work. Dillon's overcoat
h., u, he no, So11
came in. When Dillon and Phillips returned
Mitchell was on the south end of the bar
and called for more wine. Dillon asked
Mitchell to drink with him. He replied he
had been sick and just come from break
last and didn't want to drink anything.
Dillon poured the wine out on the floor and
set the glasses back on the bar. Dillon
then called for bottle of wine. Mitchell
gave it to them, opened the bottle and
poured out two glasses. Billy Mountain
came in and Dillon asked him to drink and
Mitchell poured out another glass. He
asked Mitchell to drink again: the latter
gave some excuse. Dillon said, ''I'll make
you drink" and drew his revolver and
fired. Before the shooting Mitchell told
him he couldn't force MIN. Dillon called
for his overcoat and took something out of
the pocket. l didn't see what it was.
Mountain was in the middle on the
east side of the bar between
Dillon MD Phillips. When Dillon started
TO draw his pistol, Mitchell moved 10
the north of the bar near where
! was standing, and was shot while doing
so. The bullet took three glasses off the
bar. Mitchell did not say anything only re
peat my name, Carl" Three shots were
tired, the second near the north end of the
bar the third about foot from the north
end of the bar. After the third shot wa 8
fired, Mitchell and Dillon grappled. They
a hpt, hall
lard table and the bar, or perhaps near the
north end of the bar When they grappled
they fell over on the billiard table | grab
bed Dillon from behind and Mountain
took his gun from him. Dillon had
his revolver in his right hand
When l released my hold on Dillon, Mithell
fell to the floor between the hotel office and
said: Ibid l kill you!' Ibid kill you?,
Policeman Hanson came in then and ar
rested Dillon. Mitchell lived about five
minutes after he fell. The revolver was a
black one.
This ended Allison's questions and Attor-
ney Dickson began his cross examination
"Dillon and Phillips were at the south end
of the bar when they called for the second
drink. Phillips suggested that they drink
beer They didn't drink beer. They went
out the back door. When they returned
they left the beer and called for wine.
Mountain came in and was invited to drink.
After Mitchell declined to drink Dillon
poured the wine out on the floor He i'm
mediately called for more wine and asked
Mitchell to drink again. When he re-
fused he began firing The third shot went
IN the floor, the second struck the wall on
the west side" The court then interrupted
and declareda
RECESS TILL O'CLOCK
Afto, ,ooocc bo r-i,paoo ,,,,o -.
nation of the manner in which the defend
ant kneeled down by the side of Mitchell.
which was the same as given in the direct
examination. The fatal weapon was pro.
duced. 1t was Colts 4l-caliore
DR.. II. j. Powers was called and testi-
fed: | was city physician in January. |
was not personally acquainted with George
Mitchell in life. | was called to go to the
Broom hotel bRr-room the morning of the
shooting. l found Mr.. Mitchell lying there
dead; nearly opposite the Office door.
stripped the body naked and found one
gunshot wound in the abdomen, on the
right side. Probed for the bullet and
found that the ball ranged downward. The
defense admitted that the deceased was
killed by this pistol wound.
John &. Phillips was next called and
testified. have lived here seven years.
Was in Ogden last January | knew
George A Mitchell about two years am
acquainted with the defendant; first met
him in Ogden in the fore part of January.
met Dillon on the morning of the killing.
think, little after l o'clock in Corey,s
saloon. l was there when he came in.
Dillon went out in. about ten minutes and
remained. / saw him next at Corey,s sa-
loon about o'clock. We went to the
Broom hotel about O'Clock. He invited
me IN to take drink. He was pretty full.
Carl, the porter, was in charge of the bar
at the Broom hotel when we went in Mr..