Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-04-05
The DUTRIE MURDER CASE.
A Large Number Of Witnesses Exam.
lined on BOIh Sides.
ARGUMENTS MADE THIS AFTER.
NOON
The Case Closed and Submitted TO the
Jury.

The closing arguments Ia the Treily
Dutfic muraer case were made In the
First district court, OF Provo, today.
The prosecution was represented by
w. II. King nnd John VI. Zaue, and
the defense by Judge Powers aud A..
q. Sutherland. At the ou,se, John NJ.
Zane made an address 10 the jury In
which he stated that the evidence
would be brief, Us there was but one
eyewitness to tho killing.
At snake valley on the date named
n dispute arose between defendant aud
deceased ns TO who had right
to certain water. Either Rhodes
or stephens told Dutrie ~ they
were walking along n hillside
that tho defendant hal no right
10 the water and know Il, a. the
advice Of an attorney had been given
him on that point. Duirie roplled'
"You aTe u O. d. liar" aud pulled a
pistol, snapped the trigger, but II failed
~ fitet, but afterwards fatal shot was
fired Into the body Of stephens.
a dying statement Of the dcadman
v ould agree In every particular with
what the witnesses would relate.
stephen was an old man Of peaceablo
disposition aud OF high rcsIectability
wherever known.
Judge D. w. Powers pronounced
Mr.. Z,no'r statement very remark.
able one, because u was an Argument
instead Of n statement rs 70 what he
would attempt 10 prove. Tho defense
would prove that Dutfic was a peace
aple man at work upon his own farm,
but TINT there had been trouble
brewing lor somo timo, many threats
having been made against Dn,fle and
his brother. Alex stephens and
Rhodes confronted Dutrle, put their
hands upon him and demanded that he
turn the water oAuk, OF he would
knock his two eyes out. Rhodes said,
"YOu have been 20 Salt Lake aDd
found you hAvo no right to the watcr."
They advanced toward Dulrle with n
shovel and Stephens stru ok az him
with ", striking another shovel In the
hand OF the defondhut. They pursued
him with these weapons aud with the
expectation that his head would be-
split open n revolver was pulled out
aud fired, taking effect upon stephens.
ALMoSD RHODES,
the fret witness, lives nj Warm Greek,
Willard county, Ia q farmcrin that 500.
ton aud has n long acquaintance with
Stephens. On January 10, 1892, II about
$3.50, saw the deceased at his place aud
went W together 10 turn the water
ia certain creek. Met Trolley
Dutrio on the north side OF
Warm creek and requested him 10 20
aud turn tue water back In the creek.
He refused, moved oil nbout fifteen
yards, told him he had bcon 10 Salt
Lake, consulted n lawyer sud found he
had a right 10 the water. Dutrie said,
| "You nre n G. d. liar.n Stephens
moved towards Dutric with shovel.
Dutric then pulled his pistol and at
tempted 10 shoot, hut bis finger slipped
OF the trigger; he again MAZE the ~
fort 10 shoot, and tho pistol went oil,
the hall striking the deceased, as ho
remarked, "Rhodes, old boy, | am
killed" Stephens had remarked Just
before this shot was 0red, "Put your
pistol up, Dutrlc, we want none Of
that" Rhodes aud the wounded man
walked TO n fence, and Stephens bo-
came 10 weak he almost fell, and was
carried 10 Rhodes' house. Death on.
sued next day ut about 10 O'Clock. lar.
Campbell, OF Taylor, Nevada, made a
post mortem examination. The wound
whi,h proved fatal was little below
tho heart. No other wound was found
on the body.
MRS. ELtzABETIt sTErlENs,
wife OF tho deceased, said she had lived
at Rhodes place for some tlme prior
to the killing Of her husband. Upon
hearing that he was shot she went to
meet him and asked who shot him.
Stephens replied, Greeley Dutric."
The wounded man remarked, always
remember Lizzie, that Trehoy Du,flo
shot mo without cause or prOvOcation."
lie said also that he had not even
quArreled with Dutrie, but that Mt.
Rhodes had quarreled with tho de-
PENDANT.
W. c. BARRY,
Of Snake Valley, had known Stephens
for a number Of years AMI stated that
his reputation for peace and quiet was
as good as that Of any man In the
country. lie had heard OF Stephens
being shot aud went 10 him. When
asked n he had received mortal
wound, the wound was examined aud
thought 10 be fatal. The dying man
seemed to know that his time had come
although he endeayOred u shield It
from his wife.
Odd you ask Stephens who sho,
him?
AYES, sir, and he answered that
rr-hcy Dltfis hal shot him without
| pf0yQCaii0n % cause.
Q.-Whsfc did the ball enter?
A.--Ai the eighth left rib and passed
through the stomach, liver and out at
ihs sisTsnih rib, showing the course to
~ dgunNafd.
WILLIAM IESDRfR,
/ justice % the peace at White Pine
/ Cgluiy New, stated that ON the even.
I ing o; January II he WAS at the post
/ mVfism examination over the body OF
l Stephens, aud described the wound
/ which proved fatal. The bullet was
] Identified. The grounds about the
/ place Of the trouble were looked over,
! and cut found la the ground where
a shovel might have been placed In
the ground.
JOHN A, SMITH,
n stockrai.er, testified to the good char.
aCter of stephens and also that the dy.
Ing man had told him he was shot
down without prOyocatlon.
joins ADAMS.
John o. Ada ma was Mt Warm Crsel,
ON January 10, "a Il saw stephens after
no was woul ded. Several others were
with him. Stephens said to him also
that he had been shot down without