The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-06-04
HARRY KINDS
ON THE STAND
Continued from Page ~


mitted.
Counsel then said that the defense
expected a verdict of not guilty on two
grounds.
First-Because the law of Utah and
the law of humanity makes it justifi-
able homicide for husband to kill a
man in the heat of passion whom he
discovered had defiled his wife.
Second-The circumstances leading
up to the killing, the love which Hynds
had for his wife, caused him to become
frenzied so that he lost all control of
himself and, as far as DinWoodey
was concerned, was at the moment of
the killing a raving maniac.
TRAIN DISPATCHER BRADY.
R. w. Brady train dispatcher of the
Union Pacific road, was the first wit
ness for the defense. In reply to
Judge Powers he testified that he left
the depot on the morning of March l
in company with Hynds. They board
ed street car, but owing to the snow
the car could not run and they got out
and walked up town. Hynds and wit
ness parted up town. Hynds was in
no particular hurry and was perfectly
cool and collected.
During the examination of this wit
ness Mr.. Zane kept up running fire
of objections, which were mostly over
ruled, and the court stated that in view
of the way the case had been presented
by the prosecution he would, in order
to elicit the truth, allow the defense
more latitude than in an ordinary case
the rules of evidence would allow.
George Soils. cab driver, said he
drove Hynds to his residence on Brig
ham street on the morning of March l.
He left the cab stand on Second South
and Main street about 9:35 and got
back to the stand about 10 o'clock.
E. A. King testified that himself and
Isadore L. Welsh went to Hynd's'
house about 5 o'clock in the evening.
He found two handkerchief in the
room under the head of the bed. One
bore the initials of w. J. D..
Cross-examined by Mr.. Zane, the
witness said he was employed as col
lector for the Onyx bank.
| /. L. Walsh corroborated Mr.. Kings
testimony in regard to finding the
handkerchief and the initials on one
! of them
THE COLORED WOMAN.
| Annie Green, the colored woman who
was employed as domestic servant at
Mr.. Hynds' house on March l, said
she saw Dinwoodey at the house on
that morning. He was partly un-
! dressed. She saw Mrs. Hynds about
| the same time. She was in her night
dress. The bed in the spare bedroom
had been occupied the previous night,
/ but the bed in the other room had not
been slept in. Dinwoodey had dinner
/ with Mrs. HyndS about o'clock on
the evening before the shooting.
Cross examined by Mr.. Zane, witness
said she did not know whether Din
woodey left the house after dinner or
not Witness heard the bell ring when
ing. Mrs. Hynds opened the door.
After Dinwoodey was found Mr.. Hynds
called witness and asked her if she
knew that man and told her to take a
good look at him. Mrs. Hynds then
remarked, ITO be sure she knows
him.
Witness then went back to the kit
chen and in a few minutes heard two
shots; was sure she heard only two
shots. At the preliminary examina-
ton witness said she testified that il
was five or eight minutes after she
returned to the kitchen after seeing
Dinwoodey before the shots were fired
She now said it seemed that long, but
she did not think it really was so long
A few days after the shooting Mr.
Hynds remarked TO her that it was
not so long as five or eight minutes
Hynds had told her to tell the truth
should do otherwise.
POLICE OFFICERS.
Police officer Shannon said he was
summoned by a telephone message t
Hynds' house The clock was striking
10 as witness mounted his horse oppo
site the police station. 1t probably tool
three minutes to reach Hynds house
Witness wen' into the spare bedroom
The bed appeared to have been occu
pied by two persons. A beer bottle ant
two glasses were standing on a table
near the head of the bed.
did you hear Dinwoodey say any
thing when you were there?" asked
counsel
Objected TO and objection sustained
Was Mr.. Hynds excited?"
Yes, very much and very pale
did he express any regret abou
what had happened?'
Objected to and objection sustained
Police Officer o. P. Pratt said h,
went TO Hynds' house few minutes
after the previous witness. The BET
looked as though it had been occupied
by two persons. There was a bee
bottle and two glasses in the room.
did you hear Dinwoodey say any
thing after he was shot?" asked Judg
Powers.
the objection sustained.
Judge Powers said he wanted t.
show by the question that Dinwoode,
had said Well L got what 1 de
served"
w. P. Noble, recalled. was asked b.
Judge Powers what Hynds had said t
him in regard to how the tragedy hal
happened, but the question was oh
iected to and the objection sustained
Witness then described the condition
of the bed and bedroom. His state
ment conceded with those of Officer
Shannon and Pratt.
THE sUsPENDER BUCKLES.
Lee Dinwoodey, younger brothe
} of the deceased, was sworn and aske
by Judge Powers if he had a pair o
suspender buckles found on the bod
CT the deceased.
Witness said he had and they wer
put in evidence, bearing the Inscription
christmas, 1894. Maud to Walt
THE DEFENDANT ON THE STANT
The defendant Harry P. Hynds the
took the stand He said he came
Salt Lake about two and one-hal
years ago. Lived in the Walker ter
: race when he came first and the
4 moved to Brigham street On tn
morning of March 1 he arrived in thi
, city after few days absence in Butte
Mont Met Train Dispatches Brady a
$ the depot; they boarded a car to com
1 up town, but the snow interfered wit
the running of the car and they &C
: out and walked. Witness left Brad
at First West and South Tempt
;. streets and walked to Hogle's to &c
: some cigars, but Hogle's place wa
n closed and he walked to news stanC
h bought a paper, took cab and drov
= home. He found the door locked an
after waiting few minutes Mr.