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

The third day of the trial of NJ. w. Dill
Ion passed off with the examination of wit
nesses for the defence. Dillon has host
of friends in the city and all are trying to
help him. A desperate effort is being
made on the part of the defence to at least
save Dillon from the severest penalty that
can be imposed under the territorial law.
The prisoner sat near his counsel all day.
lie seems to bear up well and ne has told
some people that all he wishes for is fair
and impartial trial
d. A. PRESTON
was the first witness called. Live at Lander,
Wyoming; am attorney at law; came TO
Wyoming in 1887, ana am acquainted with
Malachi w. Dillon. formerly lived in Rawlns;
lived there from April 1887 TO June 1883; have
noticed the peculiar looks ana conduct OF Dill
Ion; first noticed 1t in MAY 1889; was in Raw
Inns and slept with him three nights; one night
he woke up in his sleep and called for his gun;
] knew he hadn't been drinking and got up
ana got the gun first, didn I propose 10 let him
get 1t; asked hun what was the matter with
him, he said some one was after HIM and he
wanted the gun. Another time / was going 10
the court room and l met hlm ON
way: he walked IS straight as any one;
i was wearing silver watch at the time with
u heavy chain attached 10 ii. He took hold of
it and said "Whats thls" and he pulled my
watch out of my pocket and threw it up against
q building and smashed it all 20 pieces The
next day l saw him and asked him why he
smashed my watch and he denied having done
IL. He then pulled a gold watch out OF his
pocket and gave 1t TO me. have it with me
now. (Witness showcdit TO the lury0
Cross examinations met Dillon in the law
office of j. r Dickson during his divorce case.
have not ganbled with Dillon, but have gam
bled in his saloon ana drank there. Have gam
ming [ went to Dillon's saloon once
10 see him on professional bust
ness; l sat there for three hours and he
said substantially nothing. Did not see
anythingout or the way with Dillon from April,
1856, 10 J1ne, 1889. Have not seen Dillon when
he used intoxicating liquors to excess. Have
During the year in which L saw him with
his Dngue thick he was in that
condition probably twice; 1 became
went 20 Lander. never saw any peculiarities
abou. him while l in RawIinS. II was
through Mr.. ID lion that received the appoint
men of assistant district attorney and l am
certainly under great obligations to him for his
assistance. The first night 1 slept with him
1holght he was crazy, his arms jerked, his
limbs jerzed; tried to wake him ana couldn't
wake him 1 don't think ne had been drinking
ary liquor. When he threw my watch against
lie building he said How do you like THAR 1
tId him did not like it,
ELLA DULN.
vas the next witness called 1 live in Salt
Lake, and formerly lived in Rawlins l met
Mr.. Dillon three years ago; was waiter in the
City restaurant there. L often noticed some
thing very peculiar about his actions. Some
times he would be very pleasant, and at other
times he was the opposite have noticed him
beng absent minded; thought he didn't know
wha: be was doing part of the time.
Cross-examined-I did not know Dillons
wife, but have heard of her. She did not work
at the City restaurant. Dillon boarded there,
and his usual time to come to breakfast was
about IL O'Clock. He is the only absent-minded
man that / ever noticed.
MRS. MIXER
next took the stand. live at Juab, Utah; am
the wife OF j. U. Mixer. L became acquainted
with Mr.. Dillon three years ago last winter at
q party We had there. l waited on the table at
the Pacific hotel in Rawlins. Dillon took some
meals there. He came in one day and sat at
my table with his hat on; 1 asked him to re-
move 1t and he didn't pay any attention TO me-
] brought his meal to him and he went of and
left it, He looked wild out of his eyes and
seemed crazy. 1 became scared OF him.
Cross-examined-Did not know Dlllon's wife.
A. A ALLEN
next took the stand Reside in Ogden am
twenty-five years of age. and am employed by
the Commercial. Lived in Rawlins and knew
Malachi Dillon. I was night clerk at the Pacific
hotel Have noticed Dillon's peculiar actions.
He came in once rather excited and wanted to
be secreted some place. He said: "1hey are
after me- and he wanted TO hide some place.
told him there was no place to put him He
walked back and forth IN front of the lunch
counter and finally turned around and went
out. saw the police the next morning and
they informed me they were not after him, and
didn't hear of any one being after him. l no.
ticed popularity about his eyes that l will
never forget. 1t made me feel as ii L was I'M
comfortable. 1 formed an opinion to his ra-
tional condition. thought him temporarily in
sane at times.
ross-examinatioa-Did not go to Dillon's sa-
loon often. Never drank there with him. His
eyes were like balls Of ire the night he came in
and asked for protection.
WILLIAM HALsTEAD.
Ireside IN Salt Lake City. Formerly lived
in Rawlins. Was in the railroad business.
Became acquainted with Dillon on the Platte
river in the spring of 1850. knew him before
and after his marriage. He was a hard
working man prior to his marriage. He
was cheerful happy and temperate.
with his WIFE In the spring of 1890 1 was in
Rawlins TO look after some stock interests. He
invited me up to sleep with him and 1 con-
scented. In tho night was awakened by a DIS
tol shot said TO him:
my GoDl DILLON, WHAT ARE YOU Do1NGYn
him after whom? He said after Dan aud him
self. told him would get up and light a
lamp and see. He said no, he would get them
the next shot. l wanted him to give the gun to
me and he wouldn't do 1t. l got up and looked
around, and could not see any one, and went
back 10 bed. He then got me up against the
wall and tried to choke me. / came to the con-
clusion it was not a very safe place to sleeI
and got up and went out. His brother Dan
died in a hospital in Salt Lake. l formed the
opinion that Dillon was out of his mind at
times
Cross-examination- Have worked on the
range with Dillon and knew him from the
spring of 80 till his marriage. 1 did not tel
Judge Powers that Dillon was.insane; l said "l
formed the opinion he was out of his mlndr
THOMAS BLUNDEN
was the next witness to take the stand. Live
in Ogden. Am acquainted with Dillon Saw
him on the day of the shooting. about noon
Saw him at the the city ia ian; called him to the
world have you been doing?" He says, How
much is my fine? will pay! pay it and get out"
have killed man." Dillon said they had
told him that he had had trouble with man by
she name OF Mitnhell but he couldn't place him
told him he had better get through his pre-
limlnary hearing as fast as possible as he was
liable TO be lynched. told him he was in .
very bad box, and that he had better get out oil
town as soon as he could. He seemed to be IL
g stupor.
Cross-examination-H known Dillon five
or six years. Became acquainted with him a
Rawlins. I never became aware of his peculiar
actions while there. He looked as If he had
been on long spree when I saw him at the city
Jail. Saw Dillon In the Royal Exchange abou'
3 week befoee the killing. Saw him drinl
nothing but soda water.
ERNEST sUNDIN
reside at Rawlins. and knew Malachi Dillon
Was in Rawlils in 1885, when races were hell
there on the 4th Of July. Mr.. Dillon and wer,
riding on horseback together. Our horses be
came scared at switch engine. fell of m,
horse and looked back and saw Dillon off of mis-
He was holding the back of his head in tn
palm of his hands. l asked him if he wa
hurt, and he said he had had the worst fall O
his life. His head was bleeding.
Cross-examination-I examined his head AM
IL was bleeding.
OLIVER WILSON
was next sworni I reside in Ogden. Am Al
engineer Was in the Broom hotel the r1ornin