The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-04-05

nation over the body of Stephens, and de-
scribed the wound which proved mortal.
The bullet was identified. The grounds
about the place of the trouble were looked
over, and a cut found IN the ground where
shovel might have been placed in the
ground.
This witness testified to the good chsrac-
ter of Stephens.
JOHN A. SMITH,
a stockraiser from this desert country, tes-
tilted to the good character of Stephens
and also that the dying man had told him
he was shot down without provocation.
Poweas-You have not been very friendly
toward Trefey Dutrie!
A.-No. not lately.
Powers-That's all.
THE ADAMS.
John o. Adams was at Warm Creek on
January l6 and saw Stephens after he was
wounded. Several others were with him.
stephens said to him also that he had been
shot down without cause. Alvin Adams
told the same tale. The vest with bullet
| holes through il WIS identified by Mrs.
Stephens as that worn by her husband the
day Of the shooting.
The prosecution rested.
THE DEFENDANT DUTRIE
was sworn and testified: Am forty -four
years old, from Canada. Have lived at
Snake Valley since 1866. My business is
farming and stock raising. My farm is
two miles and a half from Rhodes place.
TODD water from Warm creek in 1891. On
the 10th day of January l was working on
the ditch. met Rhodes and Stephens as
l was coming down the ditch. Stepped
aside to let them go by but they put their
hands on me preventing my passing along.
They ordered me to go and turn the water
back or they would put both of my eyes
into one. l told them l did not want any
trouble. They said, 1--WE will go and turn
1t, and ! told them to try it. They said
something to which said, You are liar"
They then both came at me with shovels
and retreated a short space out of the
way. pulled my gun and said, Don't
come any closer" Stephens struck me with
his shovel and Their | shot Stephens then
said to Rhodes, II am dead man. They
then went one way and / the other l have
before had trouble with Rhodes about the
water.
Cross-eXamined by Zane
Q.-What was first said by Rhodes? A
he ordered me to turn back the water and
they then pushed me four or five steps,
Rhodes then said You've damaged me
$500" and | told him l would pay for all
damage Ihad done.
GLOW was Stephens standing when
he struck. you! Al shot just after he
struck; it was pretty near at the same time
GLOW does this red paint come on the
inside of the cut on your shovel that you
say was made by Stephens striking you?
A That is red paint off the wagon bed.
Odd you say you would kill anyone
who would take water out of the ditcha
A.-No, sir.
Odd Stephens come right up to you
after you had your gun drawn on him! A.
Yes, sir, and l shot as he struck. | put
put my pistol up then, as | didn't want any
fight. l would rather stand before pistol
than shovel in close quarters.
OTHER WITNESSES.
William Hawley, justice of the peace at
Oasis tried 1refe Dutrie. He identified
the shovel.
Gus Smith was unloading manure on the
10th of January at Rhodes place, but moth
ing else was brought out of the witness
that would aid the defense.
The jury was sent out with the bailiff as
this was all the testimony at hand. The
balance of the witnesses will be examined
this morning.
COURT NOTES.
n. H. Nelson, of Sweden, later from
L airvlew, Sanpete county, was admitted to
citizenship.
o. Sorensen and Andrew Jensen were
also let in.
Adjourned until 9;15 this morning.
PERSONAL.
William Pitts, who has for some time
been proprietor of the Roberts hote!, is
about to return with his family to Salt
Lake city. Who the new proprietor will
be has not been fully decided.
E. E. Dudley, an attorney of Provo has
been appointed United States commissioner
by the supreme court.
The city council last night appointed
William Alexander justice of the peace Tor
the city, to attend the regular business at
the police court. He is a young man of
good Judgment and is well spoken of by all