The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-10-26
TO SAVE HIS NECK.
Davis Besmirching His Dead
Wife's Character.
His Defense Is That He Killed Her Because
She Was Unfaithfal to Him
A Thin Trick.


was opened yesterday, Attorney Warner.
for the defense, said he would prove that
DR.. Butler had on the night preceding the
murder, outraged the deceased; that
criminal! relations had existed between
them for some time, and that the knowl-
edge OF this drove Davis to despair, and
he struck her perhaps three times with his
revolver.
Davis had observed his wife 90 to DR..
Buffers Office and return with him to
Davis house later. He came to the house
and discovered them occupying the same
room. They jumped out in CONSERVATION
WhereupOn Davis sliced a revolver and adj
minissered two or perhaps three blows
upon his wife's head, then pursued Butler
and snapped his revolver three times at
him but it failed to discharge.
Upon returning TO his home, he found he
had killed his wife and proceeded TO dis
pose OF her body as described BY the chill
dren. Davis took to hard drink and pur-
sued Butler, but never saw him again. The
doctor is said to have left Vernal at this
time and gone to Salt Lake city, where he
committed suicide.
HE TRIES TO PROVE IT.
In order to bolster up this defense sew
eral witnesses were introduced.
Edmon Earl testified to having heard ru-
m0rs rejecting upon the character OF MRS.
Davis. This testimony was objected to,
and Mr.. Warner, who said he would prove
that the wOman's actions with other men
had driven Davis 10 a condition where he
was not responsible for what he did. The
court would not admit this class of testi-
mony. The witness had seen DR.. Butler
talking with Mrs. Davis and had communl-
Gated the fact to the defendant.
Judge Black burn stated that II the attor-
neys had any authority for introducing
such testimony be would like to hear it.
Warner said it was admitted into the IT.
vine trial, TO which the Judge replied there
was nc similarity at all.
Warner then attempted to tell something
about the excited ana insane condition or
Davis at rumors OF his wife's inhdelity.
William Davis, son OF the defendant, at
tempted to tell of some family qusrrels
which had taken place but it was ruled
out.
He testified that of late his father had
been addicted to the use OF intoxicants, but
that he waa far from being crazy man.
Davis told this witness after the killing
that he was looking for man, but did not
say who it was. II was observed that the
pistol his father had used had been snapped
bus not discharged.
Mr.. Wsyman, of the agency at the Indian
reservation, stated that Mrs. Davis had
been expelled from the agency on account
of her lewd conduct, but this evidence was
stricken out Other evidence of the wlfes
upfaithfulness was attempted but not sd
mitted.
Wayman admitted having some interest
In Davis defense.
Archie Davis wanted to correct the
statement that he had made to the effect
that he was absent on the evening of the
homicide. He said he was there but heard
no row going on during the night.
Warner stated that he could prove by a
witness, David Holloway, that barber
named White and Mrs. Davis had been
caught in q room under compromising cir
cumstances; also that Davis had been an
industrious, hard man up to the
time of his wife's intidelity; but the wit
ness had not shown up. Counsel asked q
delay Of the trial, which was not granted.
THE DEFENDANTS STORY.
The defendant, Davis, was sworn and
testified:
Met Louise in 1870 in Wasstch county
and married her the Same year. We lived
happily until about five years ago. (The
defendant was ebout to relate instances Of
his wife's lewd conduct, but the court
ruled that he would not allow the wife's
name to be smirched TO assist the defend
l would like the honorable court 10 allow
me to tell my story straight through. I
put my children to sleep the night of the
9TH of June. My wife said to me-: IF you
don't go and see about my washing, / will
go myself" l got up and started, saying:
II won't be back tonight" but didn't go.
saw her leave the house aud go to But
ler's office. She and Butler came to my
house together, entered, lighted a candle
and quickly blew it out rushed into the
house, grabbed my six-shooter and
struck, not knowing where nit. l snap
ped the pistol, and If it had gone of, But
ler's dead body would have been left there
as evidence. 1 followed Butler out of the
room and chased him for several blocks.
then returned to the mouse ana saw my
wife dead on the bed.
| took the body and concealed 1t in a
potato hole, calculating to follow Butler
day and night with the intention of kill
ing him | went 10 VernRl next day in
search of him, but have never seen HIM
since. The paper says he has committed
suicide. / will confess was out OF my
mind and don't know exactly how the
blood-stained clothing was disposed Of.
Cross-examinat alton brought out that the
witness was once arrested for grand lar
ceny and brought to Provo.
"What are you trying me forf" asked the
prisoner.
~ am not trying you," replied Zane, sit
is the outraged law of your country"
He had been arrested for drunkenness
and Fighting in Vsrnal. In relating tbs
the story of his striking his wife with the
pistol the witness almost broke down, and
he hesitated for some time with his hand
kerchief to mis- eyes.
He claimed to have no knowledge of hav
! ing spread down blanket or thrown the
bloody handkerchief under the bureau, or
any Of the frightful occurrences which took
nlace after the killing. When asked if
! butler had left anything behind him, the
witness said that he (Butler) left with ell
his clothing and nothing at all to show he
had been there. The six little children,
during the fracas, we're undisturbed and
sIept peacefully until morning.
A letter was read by Mr.. Zane written
! by Mrs. Davis a few days before the
| tragedy in which she states she was anx-
! ions to leave home and live with her
brother, because things at home were not
what they should De.
IN REBUTTAL.
Mr.. Hawa was called in rebuttal and
stated that finger marks were seen upon
Mrs. Davis throat after being dislnterred
from her grave in the potato hole
DR.. Collins stated that Dr.. Butler killed
himself Sept. 8 by taking drug. Witness
was with Butler all day Sunday, June .,
me day of this killing, and slept with him
nat evening. so that it would have been
impossible for him TO have gone TO Mrs.
Davis house.
Mrs. Stribley had observed the finger
marks upon the throat of Mrs. Davis dead
dy.
~