The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-06-05

The objection was sustained and the
witness excused.
w. I. Dinwoodey, brother of the de-
ceased, said that prior to the tragedy
Walter was trying to avoid Mrs.
Hynds, and to break off the intimacy,
but she followed him around.
In cross examination, Judge Powers
asked witness if he had been in cor
respondence with Mrs. Hynds since
she left the city. Witness said he had
and was shown two letters which he
admitted We're in his handwriting.
Judge Powers offered them in evil
dence to prove that the witness had
been writing to Mrs. Hyrds in the
most friendly way, and was trying to
procure testimony. The introduction
OF the letters was objected to, but af-
forwards the objection was withdrawn.
SOME LETTERS.
The letters read as follows:
Salt Lake City, April 81, 1896.
My Dear Mrs. Hynds
Your letter of recent date was duly re-
ceived. was very glad to hear from
you, nut your reply was so general that
TIC, looked for. l hope you will pardon
me FOR the following questions:
AS it has been stated that Walter
was not dressed when Mr.. Hynds first
saw MN, considerable time must have
elapsed between the time he first saw
MIN and when he fired the fatal shots,
as he certainly received the bullets
through his clothing. During this time
| think 1t was said that you followed
Mr.. HyndS into another room. where he
procured the pistol from his satchel and
placed II IN his pocket-do you not re-
member his going to the satchel? After
this he went to the kitchen and brought
the COOK into the presence of yourself
ton to her regarding Walter-whether or
not she had seen him there before-or
10 that effect. There was also
some conversation between yourself and
Mr.. Hynds when he ordered you to leave
the house, and some words for your com
fort We're offered by Walter-for all these
Things TO tranSpire considerable time
must have elapSed-will you not describe
to me the proceedings-free from the eff
feet of your personal feelings towards
Mr.. Hynds or Walter, from the time Mr.
II. entered the house until others were
called in. | wish to ask you also some
thing regarding yourself more directly;
trust you will give the matter serious
thought before deciding upon the nature
of your reply. am sincere in saying
that were you here during the trial | do
not think 1t would be necessary for you
to appear in court-Such is also the opin-
ION of my attorney-but should We deem
II necessary that you should be here at
that time, that 1 might see you person
ally and obtain Immediately any informa-
ton that would be of service to me.
Would you be willing to come if l send
for you? The trial is SET for the 9Th OF
May, Just two weeks from today. You
must certainly realize what your reply
means to us and the necessity of your
writing Immediately upon receipt of this
even by the return OF mail If that is pos
sible. | trust you will not delay it a
Regarding the suspenders,
have not as yet seen Brother Lee to ask
him about them, but will do so upon the
first opportunity. You remember that
Lee has them. Trusting l may not be
in receiving an early reply
also hoping that you will continue te
feel better, | remain,
Very sincerely yours,
W. T. DINWOODEY.
Salt Lake City, March 8, 1896
My Dear Mrs. Hynds: $40.
l have not as yet decided upon what
course l shall advise you to take, mas
much as you desire that | should advise
you, and from the interest l feel in
your welfare, | shall in the near future
with you regarding that-course which |
as well as others who are near to me
deem it hest that you should pursue
The purpose of this writing is to pro-
cure information for which l have vol
alone to appeal to; If it were not so, be-
lieve me, | would not burden you with
the painful task of rehearsing the par
ticularS of the affair most sad TO us all
The information | seek is your reply tC
the following: Kindly tell me as ac.
curately as you can recall the circum
stances if Mr.. Hynds had his pistol upor
his person upon entering the house OIL
after having some conversation with hin
did you or did you not follow him into
another room from which he procured
the pistol, and if the latter is true, did ht
or did he not, after procuring the pisto
and before shooting Walter, enter tht
kitchen and bring into the room the col
ored servant, and-if any-what CONVEX
sation took place between Mr.. Hynds anc
the servant? Inasmuch as it is necessary
for the satisfaction ofto, one our owl
minds-and inspiration-I will frankly SAY
to you, as evidence in case the law takes
it's course, which of course it must dt
in all events. / feel assured-aS [ do Of
the genuinenesS of your grief and tht
sincerity of your sympathy for Walter.
mother and his family-that your reply
will be as accurate as you can possibly
make it and that you will trust us. know
ing that we are sincere in our sympath!
for you and our anxiety for your future
welfare to use it as discreetly as We car
possibly. l might say to you that tht
folks have no desire for revenge; the!
merely wish for justice.
/ beg of you to favor me with an early
v.
than when you wrote, | am
Most sincerely yours,
w. T. DINWOODEY.
Ephraim Emberg, an employee il
the Dinwoodey store, was asked if h
saw Mrs. Hynds at the store on tn
day before the shooting The question
was objected TO and the objection sus
tanned, Mr. Zane stated that he wanted
to show by the witness that Mrs
Hynds went to the store at 1 o'clocl
on the day before the shooting ant
tried to induce Walter to go out witt
her He refused and she again cam
back at o'clock and persuaded hin
to go out with her, and about O'CLOCK
he came back to finish up his work a
the store.
Henry M. Dinwoodey was also callet
to prove that the standing order at tn
store was to the effect that when Mrs
Hynds telephoned, which she frequent
ly did, she was to be told that Waite
was not in. His honor held that thi
was irrelevant and the witness wa
excused.
This closed the testimony and afte
some requests by the prosecution 70
certain instructions to be given tn
jury and argument thereon court ad
journed for luncheon.
After luncheon Judge Hiles said h
would overrule the prosecutions re
quest that the jury be instructed tina
defilement as used in the statute
could only be applied to woman 0
previously cllaste character. Hi
honor said the statute referred to tn
defilement of a wife, without any re
ference to her previous character o
chastity and he would so instruct tn
jury
MR.. WHITTEMORE's ARGUMENT
The arguments to the jury wer
opened on behalf Of the prosecution b.
County Attorney Whittemore. VIII
briefly reviewed the evidence, arguint
that the shooting of Dinwoodey wa
done coldly and deliberately; tina
Hvnds who had admitted that b