The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-04-05
PROVO.
TUESDAY, April 5, 1892.
THE DUTRIE TRIAL.
Both the Prosecution and the Defense Offer
Most of Their Evidence in a Day.

Both the Prosecution and the Defense Offer
Most of Their Evidence in Day.
Yesterday being the day set for the trial
OF Trefley Dutrie, charged with murder.
special venire was issued for thirty addi-
tional jurors. They were called to be ex-
amined at 10 o'clock, those of them who had
not served since the Eduunds law went
INTO force. The judge, just before the ex-
aminationS asked that the attorneys adhere
strictly TO the law in their examination and
not resort 10 techGicalities and delay the
case. This indictment charges Dutrie with
having killed William M. Stephens on the
10th day of January last by shooting him
with a revolver. The prosecution is at
tended to by John NJ. Zane and w. H. King,
and the defense is represented by o. w.
Powers and a. g, Sutherland.
Mr.. Powers made brief statement of
the case to the jury, and then proceeded
with the examination.
Three Jurors were caught on the first
pannel, G. f. Thompson. n. a. Neiber and
r. Q. Simons, jr.
Three more were secured on the second,
F'arrer, Parker and Preston.
The third call Mr.. Westphal was sworn.
j. c. Brownell and Mr.. ROBBERY were
next sworn
The three who were called to the box
were excused, as were the three follow
ing.
j. B. Hoffman, William Lowe and j. p.
Anderson were sworn, and the panel was
completed.
The accused is shoot, heavy set man
with dark hair, mustache and eye He
wears troubled look and his forehead is
lndented with large wrinkles. A brother
OF the defendant sits at the elbow of At
torney Powers.
THE MURDER.
John M. Zane made a statement to the
jury, in which he stated that the evidence
would be brief, as there was but one eye
witness to the killing
AT Snake valley on the date named a
dispute arose between defendant and de-
ceased as 10 who had right to certain
water. Either Rhodes or Stephens told
Dutrle as they were walking along a hill
side that the defendant had no right to the
water and knew it, as the advice of an at
torney had been given him on that point
Dutrle replied: You are G. d. liar"
aud pulled a pistol, snapped the trigger
but 1t failed at first, but afterwards fatal
shot was fired into the body OF Stephens.
a dying statement of the dead man would
be introduced which would agree in every
particular with what5the witnesses would
relate. Stephens was an old man of peace
able disposition and of high responsibility
wherever known.
THE DEFENSE.
Judge o. w. Powers pronounced Mr..
Zane's statement a very remarkable one,
because 1t was an argument instead of a
statement as TO what he would attempt to
prove. The defense would prove that Du-
trle was peaceable man at work upon his
own farm, but that there had been trouble
brewing for some time, many threats having
been made against Dutrie and his brother.
Alex Stephens and Rhodes confronted Du-
trle, put their hands upon him and de-
mauded that he turn the water back,
or he would knock his two eyes out.
Rhodes said, "You have been TO Salt Lake
ana found you have no right to the water.n
They advanced toward Dutrie with a
shovel ana Stephens struck at him with it,
striking another shovel in the hand of the
defendant They pursued him with these
weapons and with the expectation that his
head would be split open, a revolver was
pulled out and fired, taking effect upon
stephens. \ map OF the premises was put
upon the black board.
ALMOND RHODES,
the first witness, lives at Warm Creek.
Millard county, is a farmer in that section
and has had q long acquaintance with
stephens. On January 10, 1892, at about
$3.50, saw the deceased at his place
and went up together to turn
the water In certain creek.
Met Tretiey Dutrie on the north side of
Warm creek and requested him TO go and
turn the water back in the creek. He re-
fused, moved off about fifteen yards, told
him he had been to Salt Lake, consulted
lawyer and found he had no right to the
water. Dutrie said. "You are Cd d-liar."
Stephens moved towards Dutrie with g
shovel Dutrie then pulled his pistol and
attempted 10 shoot, but MS finger slipped
of the trigger; he again made the effort 20
shoot and the pistol went off, the ball
striking the deceased, as he remarked,
"Rhooes, old boy, l am killed" Stephens
had remarked just before this shot was
fired, Put your pistol up, Dutrie, we
want none of that" Rhoades and the
wounded man walked to a fence, and
stephens became so weak he almost fell,
and was carried to Rhodes house. Death
ensued next day at about 10 O'clock DR..
Campbell, of Taylor, New, made a post
mortem examination. The wound which
PRAYED fatal was little below the heart.
No other wound was found on the body.
Cross-examlued by Powers
Q.-Did stephens walk closer to Dutrie
win his shovel after he pistol was drawn?
A.-No, sir; he did not.
Q-What did you do: Al did nothing
but look on.
Q.-Was Dutrie angry! Ayes, sir: he
seemed to be.
Q.-Was Stephens Ale did not seem
to De.
Q.-Are you and Dutrie at onmity? A
Yes, sir; we have not spoken for four years.
G.-Were you and Stephens in business
together: A. Yes, sir; l sold him piece
OF land, ana he was living at my house.
Q.-Was me dispute about the water?
A.-Yes, sir; between myself, Stephens
and the French boys (Dutries)
Odd you ask Stephens 20 go with
you! Ayes, sir; he was unloading
manure ana camo at my call.
Odd you ever live at American Fork!
Al stopped there one summer.
Q. Were you arrested for stealing?
A.-No, sir.
REDIRECT.
did you or Stephens have a gun when
you went upon the ditch to meet Dutrien %
mo, sir"
MRS. ELIZABETH STEPHENS,
wife of the deceased, sad she had lived at
Rhodes place for some time prior to the