The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-11-18

ordered more wine. About this time
Mitchell entered. Mitchell poured out two
glasses Of wine, and Mountain came in
Another glass was filled and Mountain
drank with US. Dillon asked Mitchell to
drink with US, but he refused, stating he
had just been to breakfast Mitchell said
to MIN, you can't make me drink" Dill
lon then drew his gun and fired. Mitchell
was on the opposite side of the bar, almost
opposite him. l saw two shots fired toward
the back of the bar towards Mitchell. l
think the first shot hit Mitchell l heard
the third shot; was outside of the bar room.
L lett the bar room after the second shot
and didn't return.
Cross examination-I was not under the
influence of liquor. l don't remember
what was doing when Dillon came in
about clock in the morning. Day was
just breaking when l left the Broom hotel.
never heard Dillon speak of Mitchell,
don't know whether they ever met before
or not.
William Mountain was the next witness
called, and stated: | have lived in Ogden
about two years, and knew Mitchell about
one year before his death. had known
Dillon about year before the killing. 1
was introduced to him February, 1890, in
the Capital saloon. / went to the Broom
hotel saloon between and on the morn
ing OF the shooting. AS ! entered the place
Phillips and Dillon were up to the bar.
Dillon says to me: ''Billy, come up and
have drink" Dillon asked Mitchell to
drink; he refused and said that he had just
been to breakfast. Dillon said: $50 ahead
and drink; what's the matter with you!"
Mitchell told him he wouldn't be made to
drink and started to walk away, and Dillon
drew his pistol and fred. l think Dillon
fired twoshots before he got around the
north end of the counter. Three shots
were fired and Dillon fired all Of them.
After the second shot l caught hold of Dill
ION S arm, and as the third shot was fired
took the gun away from him and handed it
to the porter. Then l turned around to go
to Mitchell and see If l could do an ything
Tor him. He had the appearance of being
dead. Dillon stopped over him and said:
Get up, boy; you amt hurt" or words to
that effect.
Cross examination Witness stated that
he never saw Dillon in the Broom hotel
bar-room before. He thought the defend
ant acted or had the appearance of being
crazy, and stated that he had often be
heved that something must have been
wrong with him or he wouldn't have killed
Mitchell without provocation. The wit
ness was asked the expression OF the face
of the defendant. The question was 90
iected to by the prosecution and objection
susbelneu Dy tue court.
The witness. however, was allowed to
state the general appearance Of Dillon, and
said he noticed an unusual expression,
which seemed to him that the defendant
didn't realize what he had done.
Redirect examination Dillon kneeled
over Mitchell and asked him if he couldn't
do something for him, or words to that
effect. l told Dillon didn't think it would
do him any good, as be had killed him. He
ckaHt I'd A. 4
around and bent over Mitchell again.
Re- cross-eXamination-I do not remem-
Der of Dillon drinking just before the
shooting began.
Policeman H. G. Hansen was next called
and testified that he is police officer and
has been for over two years. Was on the
force in January last l knew Mitchell in
his lifetime. l was called to the Broom hotel
bsr-room little after z O'Clock on the
morning of the shooting. Mitchell was not
dead, ana told Dillon he could not do any
thing for him. Dillon was laying on top of
Mitchell at the time. That was all heard
Mitchell say. | had to pull Dillon from
Mitchell by force and took him to the city
jail.
THE Defense.
This concluded the examination by the
prosecution, and Judge Powers presented
the petition, answer and cross-petition
filed in the district court at Rawlius, Wyo,
in the divorce case of NJ w. Dillon vs.
Nellie Dillon, for the purpose set forth in
this statement giving the reasons and
grounds upon which he received the de-
cree of divorce, which were that Ellen
Dillon had committed adultery with a
brother Of the defendant.
The first witness called by the defense
was Charles Brighten burg. 81 reside at
Rawlins, Wyo., and am an attorney at law.
knew Malachi and Peter Dillon in Wyom-
ing; have known Malachi Dillon eleven
or twelve years. He was a freighter al
one time; he lived with his wife, Ellen Dill
lon, for several months in Rawlins. His
w1fe's maiden name was Ellen Fayan. and
prior to and since his marriage l have been
his legal adviser. He was cheerful happy,
and l never saw him intoxicated He was
in good health, and never knew him TO be
OF quarrelsome nature prior to 1886, in
which year he was married. After his
marriage, Dillon, myself and others went
on trip to the mountains. He was in the
saloon business with his brother, who was
lett IN charge of it during our absence,
After we returned l learned he had had
some trouble, and he seemed to be alto
gether changed from his former appear.
ance. l have passed him on the street and
said, "How do you do" and he would not
pay any attention to me.
1 suffer from insomnia, and saw him
around at all hours of the night He had g
father living in Rawlins until 1887, when
he died.
Cross-eXamination-I have had charge OF
Dillon's business since he has been in the
penitentiary. l have practiced law about
two and half years. Prior to that time |
was in the stock and newspaper business.
l noticed marked change in his conduct
about six months after his marriage. Mr..
Dillon has been in the saloon business for
number Of years. He fan a gambling
table. l have sat there AMI gambled with
him, but not in the last two or three years
since I became his legal adviser l have
drunk with him number of times prior tc
his marriage. L have never seen Mr.
Dillon intoxicated prior to his marriage. ]
have seen him feeling good, as the boys
say. The night found Dillon lying on the
table went there to get drink to see if il
wouldn't make me sleep.
An adjournment was taken until II
o'clock this morning.
The First District Court.
Inthe case of Maria Bernard VS.. Laco-