The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-11-20

the engine room about the time the second shot
was fired don't know William Mountain. 1
was, was IN me room where the shooting was done
before the crowd came in. Carl took the pistol
away from Dillon.
EDWARD PILLsBURY.
Live in Germania, Utah Got acquainted
with Dillon in 1884, in Rawlins. Knew Dillon
before the trouble with his wife, Never knew
MIN TO drink. was railroading while at Raw
Inns. Came OF the road one morning, and on
my way home 1 met Dillon near the railroad
crossing with a club over his shoulder. His
eyes looked glazed and he was bareheaded. 1
SAID TO him, MY God, Malachi what are you
dolngf" He answered that someone was try
ing 10 murder him. 1 formed the opinion that
Dillon was crazy.
Cross examination-Knew Dillon since 1884
he had seen the defendant in his saloon, but
had no knowledge Of him drinking any.
CHARLES MATHEWS
called and testified: 1 reside in Rawlins.
Have lived there sincere. Have known Dillon
since 1884. Knew him before the trouble with
his wife and brother, and have noticed great
c On an IN MIN since Have heard him complain
OF insomnia and Of seeing his brother Dan. Have
seen MN break glasses by crushing them in his
hand. was in Majors place in Rawlins one
tme saw him come in and buy some wine.
when the wine was served, he spilled it on the
floor and called for more. When it was served
those with him drank and he poured his out on
the floor. His eyes looked like o wild cats
eyes. Have noticed him break of in q CONVEX
MIN. formed an opinion that the man was
crazy at times.
Cross -examination-At other times he was
perfectly rational. Am a bartender. Never
saw drunken man spill liquor on the floor I'M
less he was so drunk he could not get it to his
mouth Never saw Dillon drunk to any extent.
Have seen him gamble some and have known
him 10 stay up nights considerable.
MINGo SAUNDERS,
colored porter formerly in the employ of Dill
4 n t-aIf in
atone time. Have worked some for Governor
Warren. Went to Rawlins June 10, 1885,. Got
acquainted with Dillon in 1886. This was before
the trouble with his brother. / took care of his
room after he had trouble with his wife and be-
fore he came to Ogden the last time Saw the
bullet holes in the walls of his bedroom Have
heard OF HIM complain of not sleeping well at
nights ana has told me he would have
To cave the room as his brother mo-
Tested him so much nights. He moved
MS room once. Have seen him sleep
IN his saloon. Have asked him If he wanted
anything at times when he would lie on the
table. ne would roll his eyes around and make
no answer. He looked like he was crazy
have taken his meals to him and he wouldn't
eat He complained Of everyone being against
HIM and OF feeling as if his friends had all de-
serted him. Fave seen him have fits, He would
lie on the bed and shake all over. He would be
unconscious at times He would remain in this
condition sometimes twenty minutes While
these fits were on he would complain of being
very weak know his mind had changed from
what 1t was in 1856.
Cross Examination-Dillon has told me to 90
and get him some oysters. 1 would get them
for him and then be would say he couldn't eat
them. lie couldn't tell what was the matter
with him. At times he would be unconscious,
ana ne wouldn't pay any attention to what
would say / saw the bullet holes in the walls
OF DILLON S room. Have seen Dillon sleeping in
the saloon in the morning when l went to work
never saw Dillon take a drink in my life
MRS. HELEN REED
ffty,nine years old. Knew Mrs. Dillon, mother
OF the defendant Was there when she died
Am acquainted with the Dillon family Saw
her the afternoon before she died. She ap.
peared to be coming out of a fit. She was in a
tremole and was unconscious, but afterwards
came to her senses and recognized me. knew
Malachi Dlllon's wife by sight. Knew his father
and was at the house when he died.
Have seen him lock himself in a room
! and have spells Of dancing, have told him that
l thought him to be merry. He would say he
nad to be as he felt so badly. formed an
opinion that he was crazy. 1 noticed Mrs. Dill
lon when she was coming out of the fit that he,
arms and head twitohed, she was in bed anG
could not see her limbs. The day of the
funeral saw the defendants wife throw stones
| and tin cans at the house.
| Cross examination-Mrs. Dillon was very
| nervous, and her muscles twitched when L saw
| her in the fits.
WILLIAM MCARTY
was called and testified: Am ffty-nine wears
| Vi age hnu i've al haHllnS. Have known Dill
| lon since the spring of 1876. He was soldier
| when first knew him. He belonged to the
Third cavalry under General Crook and was Oh
the Yellowstone during Clusters campaign
| against the Sioux Indians. Never knew him TC
| take drink before he was married | was on
the hunting and prospecting trip to the noun
tainS. Saw Dillon the next day after we re-
turned Heard of his trouble and and he told
me his brother al ruined him and his family bJ
! committing adultery with his wife He looked
! IKE mad man and was wild in his eyes. Dill
lon was Joking for his brother. Patrick left
town and when he returned Malachi shot hin
| IN the opera house. He shot him in the leg
Saw the defendant about half or three auarter.
OF an hour after the shooting. He looked to bt
crazy, ana oon thlnk he had been drinking
he told me he thought he ought K
have killed his brother for doins
what he did. He never appeared TO m,
TO be the same man after this trouble
He has spoken TO me of an inability to sieep
| He thought he could see his brother Dan ever,
time he went TO his room and when he went Il
his coal mine. Have heard him often remark O
someone being after him to murder him Slep
in the same tent during the expedition of Gene
raj Crook, and he did not have any of thes
spells formed an opinion that he was Graz,
at times.
Cross examination-Have lived around Raw
Inns since 1876. Have been IN the saloon bus
ness. Did not see Dillon drunk any while en-
on the prospecting trip. Have seen him drinl
since his trouble, but not to excess Dillol
spoke 70 me Of his trouble the day after we re
turned from our prospecting trip He said i
his brother didn't leave the country he woult
kill him. or words to that effect. He was per
fecty sober and sensible as far as 1 could see
The shooting occurred two or three DAYS after
He said he ought to have killed his brother n
came up and struck me while standing in from
OF the Corner saloon talking to another man
We were the best of friends, and l thought h
was crazy or he wouldn't have done 1t.
Re-d1rect-When Dillon struck me in the fac
I thought he was not under the influence @
liquor.
The Court-You say you have known Dillo
since 1876; have you known of him getting on
| spree?
Witness answered he didn't know personally
but he heard he had.
JAMES MEASURES
Live in Rawlins, Wyoming. Came to Ogde,
this morning. Have known Dillon ten or eieye
years. Have noticed him to be very peculiar i
his conduct since his trouble with his wife
saw Dillon once in his saloon when took hin
TO be drunk. proposed to put him on a loung
in a room and let him sleep it of / got tn
door open and he jumped up and began laugh
ing and was as rational as anyone remarle
10 him that he got over his drunk very uuicl
He was breathing very hard when found hin
and had the appearance of dead man
Cross-eXahination-Am q locomotive eng
neer. Visited Dnlon's saloon occasional,
Was never out with him for spree HaV
drank some with him. Never gambled at Di
Ions saloon.
, The court then announced that tele
gram had been received 10 the effect thu
} the wife OF Juror Smith was seriously i
at Corinne, and the attorneys on both side
had consented TO let him go to his home
, accompanied by sworn officer Court ad
journed till 10 o'clock this morning.
The First District Court.
CASE DISMISSED.