The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-06-04
and the objection sustained at this
time.
PROSECUTION RESTS.
1--WE rest" said Mr.. whittemore.

and the objection sustained at this
time.
PROSECUTION RESTS.
1--WE rest" said Mr. Whittemore.
Judge Powers then moved that the
prosecution be required TO put MI
Noble on the stand, because, by the
statute, they were required to bring
out all the evidence in their posses
sion If they refused to do so, counsel
said he would move the court to in
struct the jury to bring in a verdict
of not guilty.
Judge Hiles-I think the prosecution
is bound to produce all the witnesses
for REORGANIZATION, at least
Mr.. Zane-The supreme court has
ruled otherwise We offer to quote
authorities.
Judge Hiles-I have ruled on the
matter.
Mr.. Zane-Do l understand your
honor holds the rulings OF the supreme
court are not binding on your honor
Judge Hiles-There is no SUCH ruling
as you state.
ties. a.
Judge Hiles-Very well, you may 90
SO. but have ruled on the point.
Mr.. Zane-Your honor has no right
TO compel us to produce witnesses.
Judge Hiles-I have made the ruling
and counsel had better obey it.
Mr., Zane-Are we obliged to produce
everybody in the neighborhood
Judge Hiles-You are obliged 10 pIo-
duce Mr.. Noble and counsel had better
obey the ruling of the court or l will
make some rulings that will terminate
this case very speedily.
Mr.. Zane then subsidized, but the
promised authorities were not hrousnt
w. P. NOBLE.
w. P. Noble was then called, but the
prosecution said they had nothing to
ask him and he was cross-eNamineo
by Judge Powers. He said that on une
morning of March l he was at hynds
house. Saw Mr. and Mrs. Hynds in
the hall Mr.. Hynds said that he hao
shot Walter Dinwoodey and that ne
wanted to give himself up, and asked
witness to send for a policeman. Later
witness saw Dinwoodey lying in the
bathroom. He strightened him out and
placed him with his head in the room
on a pillow and his feet stretching into
| the bath room.
Did you hear Dinwoodey say any
thing them" asked counsel
Objected to and objection sustained
Witness said Hynds handed him his
pistol, three chambers of which were
empty: he was very much excited. very
pale, and constantly moving about
Witness gave the pistol to Officer Shan
non
Court here adjourned for luncheon.
/ County Attorney Whittemore, on the
re-assembling Of court at o'clock,
offered in evidence the revolver with
which the killing was done.
Attorney Zane moved to strike out
4 all of Mr. Mobiles testimony, but the
motion was overruled.
DEFENSE OPENS.
| Judge Powers made rhe opening
/ statement for the defense. He said
/ the prosecution had not put the jury in
/ possession of the truth in the case.
! The people of the state expected that
/ the meanest citizen should have fair
and impartial trial and that he should
be presumed innocent until proven
guilty beyond n reasonable doubt. He
felt that the meagre evidence submit
ted by the prosecution had done the
J defense a great injustice. The defense
! would put the jury in possession of
/ the facts in the case. The defendant,
I continued counsel, was born at Morris,
! Illinois. thirty-ive years ago. He was
! taught the trade of a blacksmith and
worked thereat for some years. He
] l6lI IODlG anu Cdilt W oSANSll Will 30
! in his pocket. having given his mother
all his savings. amounting to about
! 500. He worked at his trade for time
! and in 1885 went into the saloon bust
ness and a year later started out as a
! gambler at Cheyenne. and had FOL
! lowed that occupation ever since. Two
and q half years ago he came to Salt
! Lake. and soon after bought home on
| Brigham street. Beyond the fact that
D.
/ ton of gambling, nothing could be said
against his character. He was an
honorable and straightforward man
and was universally regarded as such
It was in 1885 that he met his wife,
/ in Denver, who was then Miss Peet.
She was then only II years of age, but
had already entered on what is known
as a sporting life. The defense, said
/ counsel. did not want to conceal any of
these things. but desired that the jury
should be fully Informed of every cir
cumstance which might enter into the
case. Hynds fell deeply in love with
| the girl. married her and removed her
from her surroundings, made a woman
of her and bestowed upon her the
honored appellation of wife. The mar
1 riage ceremony was performed in Den
Yer, by the Rev. Father Quinn. Hynds
was always exceedingly kind to his
strength Of a manly nature.
Whatever the past of these people
may have been, continued Judge Pow
ers, it is nothing to do with whether
this man was justified in killing Din
woodey or not. She is yet young
woman. about q. He was born in 1860
He had the utmost confidence in his
wife, no matter what her past life
was. Shortly before the tragedy he
! went north. intending to remain for
some time. but his affairs were in such
| a state that he was enabled to return
earlier than he expected He lad no
suspicion Of his wife then. He arrived
in the city about 9 o'clock. and after
making a few calls in town, went to
his home in a carriage, reaching there
a few minutes before 10 o'clock. He
essayed to enter. using his latch key
but found it would not unlock the door
After ringing and knocking several
times, Mrs. Hynds opened the door
She was then in her night robes and he
! kissed her twice and remarked that she
! must have slept late. She said she had
| oversight herself and he walked in
| hung Tp his overcoat and hat and OBJ
served that no one had slept in the
room usually occupied by Mr.. and Mrs
Hynds. She said that she mad slept in
the other room. He then saw a beer
bottle, two glasses and some cigarettes
Mrs. Hynds explained the presence OF
| these by saving that lady friend had
called ON her the night before and
they had some beer, and out of curl.
osity aher friend had smoked some
cigarettes. He observed Mrs. Hynds
closing the portieres to closet off the
bed room. He was curious to know
what she was doing that for and light.