The daily sentinel., 1912-06-29
NEW PHASE IN
BROWN TRIAL
Defense Claims Slain Son-in-Law
Was Untrue to Wife and Intro
duced Another Woman to His
Grand Junction Friends
as His Spouse.

Price, Utah, June 29.-That James
A. Dubois had been alienated from
his wife by Mrs. Poose Empey of
Moab, and that with Mrs. Empey, he
had often visited in Grand Junction,
introducing her as his wife, was the
sensational statement made by At
torney d. d. Houtz for the defense
in his opening statement to the jury
today, in the trial of John E. Brown
for the murder of Dubois and his
wife, the daughter of the slayer.
He declared that he would prove
that Dubois and Mrs. Empey had
been found together in a rooming
house in Moab and that they were
together in many indiscretions in
Grand Junction. He stated that
Brown was angered at the actions
of his son-in-law, and that this fren-
zy led to the killing, He declared
that he would impeach some of the
witnesses for the prosecution which
had already been on the stand and
that he would prove that the killing
was justifiable homicide.
Miss Vine Dubois, sister of the
man who was killed by Brown, was
the principal witness whose testi-
mony the defense intends to i'm
peach.
Mrs. Dubois testified today that
Brown and the Dubois families had
been at dance in Moab. Late in
the evening all but Dubois had start
ed home in Browns buggy. Dubois,
when asked why he did not want to
get into the buggy had said. 81 do
not want to go where I'm not want
ed" The defense attempted to
bring out by impeaching questions
that she had said at former hear
ing that she did not know why Du-
Bois refused to ride with the party.
The witness then testified that, at
the corner of Main street in Moab,
Brown had stopped the buggy and all
but Mrs. Brawn had got out. An al
tercation had then ensued between
Brown and Dubois. She said that
Brown had then driven home, two
miles away. and had secured two
guns. All the party but Mrs. Brown
and her husband had started to walk
home. Returning, she said, the de-
fendant had met Dubois and again
commenced to quarrel with him.
when her father drew gun Mrs.
Dubois ran in front of her husband
and the shot pierced both bodies, re-
sulting in a double tragedy. Brown
then drove home. the rest of the par
ty remaining with the bodies.
Miss Dubois today said that she
was not within $50 feet of the spot
when the shooting took place. At
former hearing, according to the i'm
peaching questions of the defense,
she had testified that she was on the
spot. In the cross-eXamination the
defense also attempted to bring out
that the witness had told Mrs. Hin
ton that she would testify to any
thing to convict Brown and that. at
former hearing, she had testified
to taking the guns from Brown af-
ter the shooting. an act which she
denied at today's hearing.
At the afternoon session the state
examined DR. Williams as to the
wounds which had caused death.
Fletch Hammond was examined as
to telephone conversation in which
Brown was said to have expressed re-
gret for the death of his daughter,
but none for that of Dubois.
William Brock told of going from
the Brown ranch to Moab to see the
bodies of Mr.. and Mrs. Dubois in an
undertaking establishment. Sheriff
Bliss told of Browns arrest. He said
that, for several days, the defendant
rubbed himself with turpentine,
claiming that he did this to alleviate
pain caused by bruises from rocks
which he said Brown threw at him.
Brown and Dubois were said by the
attorney to have taken a long drive
over the desert, in which Brown
pleaded with Dubois to break off the
infatuation with Mrs. Empey, and
Dubois refused. At the dance on the
night of the killing, said Houtz, Du-
bois danced but once with his wife
and many times with Mrs. Empey.
Brown was said by his attorney to
have secured two guns with the idea
of forcing Dubois into duel and to
have shot, angered when Dubois
threw rocks at him.