Show FIRST DISTRICT COURT the autrie murder case now on trial OE THE KILLING GIVEN BY PRESTON the sad termination of a dispute over land on friday afternoon the jury in the case of the united states vs thomas R jackson on trial for adultery with hib plural wife came into court after being absent three hours with their verdict guilty sentence was set for april 20 W grant was arraigned on alie charge of adultery A plea of not guilty was entered in the case of the U S vs beulah indicted for fornication W st wilson indicted for keeping a gambling house appeared to withdraw his former plea and change to guilty bent anderson plead guilty to unlawful cohabitation and sentence was suspended on saturday in the case of neils B johnson vs jos S beesley demurrer was overruled dd G stickney indicted for unlawful cohabitation plead guilty sentence set for march S M duggins indicted for keeping a gambling house plead not guilty the same plea was made by ES hines who had been indicted for the j same offense demurrer was overruled in the casoff david williams vs D J williams co charles L hydo indicted for grand larceny was tried the verdict of the jury was not guilty benjamin H johnson for adultery appeared and plead guilty sentence was suspended fanny whitney indicted for perjury plead not guilty william craig was sentenced on two convictions for burglary of 25 months each thomas murchie im pleaded with craig was sentenced also to 25 months on each conviction jacob haven who plead guilty to unlawful cohabitation was sentenced to 85 days and a line of 50 and costs the case of the U S vs thomas chelley was continued for the teim olof ivansen was admitted to citizenship on monday wn grant indicted for adultery plead not guilty bosa grant indicted for fornication aith her husband plead not guilty john indicted for unlawful lul cohabitation entered a plea of not guilty jas mellor sr indicted for adultery plead not guilty tho case of the people vs pardon budds was continued until sept 22 1889 for trial THE DUTKIE TRIAL yesterday morning the trial of jerry autrie and alex autrie charged with the murder of thomas was begun before liis honor judge judd in the district court in this city J S peters and devans conducted the prosecution cution and W H dickson aud 0 W powers conducted the case for the defendant the prosecution vas assisted by W H king and the defence by geo sutherland after the first twelve men had been examined as to their qualifications and taken their seats counsel on both sides to exercise their peremptory challenges the prosecution challenging four of alie number and the defence seven only one john A brown being left in the bos he was accepted and sworn eleven new men were called up and examined this time the number finally accepted was six six additional names were then called and from them only two were obtained who were sworn there were four more yet to complete the jury and the court announced that the panel was exhausted both sides agreed to an order for an open venire being issued and the court ordered the clerk to issue an order for fifteen additional aurora to appear in court at 2 the nest four jurors called stood the test the twelve men sworn to try the case are as follows joha A brown W J thomas thos jams A A noon david beebe abel J evans jas F dunn james H W D heberts Ho berts jos D jones J J pettigrew and jos T thompson mr king stated the case to the jury alie deceased thos had been living m millard county at the bouso of isaac preston deceased returned from a trip to the southern part offlie county and returned about 11 on the night of july last to Pres tons house lie went doan into the rrt that night to get his horses preston going with him As they went along the trail was shot preston being about twenty five yards behind it appeared that defendants claimed alie land were trespassers and had built a house upon it Pies ston went back to his house and called for hyrum barter to go and bring that they might go to the place and see in what condition was the body yas found first by geo bishop 8 giles county supervisor of millard county was the first witness called by he prosecution he testified to alie correctness of the map exhibited to abe jury and showing the relative positions of the autrie and breaton houses and the various objects and localities connected with the case the may he said was substantially correct the between ales and I 1 Pres tons houses was 89 rods the du trio house was 19 feet by it was built of logs tharo was a doorway on the east side and a window north of the door there was a fireplace inside on the south side and a window by it the houpo did not appear to have beau occupied there was a door on the south side and the trail was about twenty ane yards from it alie house had no roof except two or three ridge poles isaac preston testified that he lived in snake valley in either juab or milland counties he owned land there and had a aliouse and corrals there had about acres of land from which he cut hay had all alio land fenced in 1887 known the defendants four they owned land close to mine they farmen and raised stock and had SO or acres under cultivation made a preemption pre emption tiling on my hind he produced it occupied the land before and riling on it fenced it a year ago last sarini sp rini the cabin cf autrie brothers was built iu april 1888 this cabin was built on land occupied by me and alie dutruit brothers never lived in it they owned land on the west side of mine I 1 cu fifteen tons of hay from my capil babl year it was cut bet aaen babii and mine har all my hay cut OK taif last saw the the day belore when I 1 wib hauling hay hyrum carter was with rno they came and cut my fence and went to hauling hay out they came in with rifles pistols and ahot guns the hay they hauled out was buat I 1 had cut I 1 was putting on hay and they followed me up 1 know what they meant after they had hauled two or three loads saw treille autrie going in the direction of the cabin where my wife was went around with his gun aeck butrie raised himself out of a bunch ol 01 hay with a gun went to py cabin had known thomas two years last fall he bad land on tho east of mine on tho path was down in the valley ho had been gone two or three days on the the defendants fend ants appeared to be on tho house they had built on iny land pe fac dauts were hying on abu own land w 71 y L a they have no families on the night of july 11 came to my house and my wife called out Is that you tom said yes and asked for a drink of water I 1 got up and pave him one he said he would go down into the pasture for his horses and I 1 said wait tom and ill iro with vou he told me to bring a quilt along and he then went on 1 not the quilt and followed I 1 was jut about yarda behind him and waa in the act of laying the quilt down when I 1 head the of a gun and cry out jesus christ llie flash came from the east eide of the cabin the autries biad built on my land there were several shots fired I 1 went back to my house biad been going southwest alone the trail naw nsw for passing between the two meadows the cabin was more elevated than the spot where I 1 last saw saw no light in tho cabin the horses were running south of the house did not see again till day was afraid the horses would get out and that was why we went after them saw the body at smiths ranch a mile and a quarter away had a pistol that night I 1 had one also the boys biad threatened our lives and we carried the pistols to protect ourselves alick autrie had threatened our lives four or five months before the shooting occurred a mile and a half from my ranch he said if I 1 touched that water he would kill me he meant the water running on my place I 1 had been cleaning the ditch out cross examination by mr dickson I 1 moved on the land on the ad of april 1888 alick autrie moved bis cattle on there on april ath I 1 put all the fence ap have learned since that alick autrie claimed forty acres the fance enclosed his patented ground is the south quarter 1 cut some hay from that land they claim only that but they claimed the whole place on the when I 1 was lia hay hyrum carter was there and biad a gun my wife was also and had a gun she held the gun while I 1 pitched hay when alick autrie got ap from the bunch of hay my wife was in the cabin for the purpose of seeing that the autrie boys try to sneak around and down me unawares I 1 saw trying to sneak around when came there on the night of the I 1 had been in bed oliree hours had a pistol in liis belt ue did noi have rubber boots but overshoes of an evening had often seen him put on his overshoes think he had a pair in my cabin the reason he wanted a quilt was so that he coald sleep out and take care of the horses I 1 kid the quilt where I 1 did because I 1 lie would like to lie down there I 1 spread the quilt on alie side of the trail the moon was shining if I 1 know it was who was twenty five yards ahead of me I 1 have told who it was court adjourned until this morning at 9 this morning shortly after 9 the autrie murder case was resumed isaac preston continuing hia testimony in cross examination witness said ho filled zhe gap up in the fence before he went te bed so he afraid of his horses getting out did not explain why he came in at the lower gap passed his horses came to my house changed his shoed and then went back with his gun accompanied compa nied by me to get thoe horses to mr jones a juror the reason I 1 stacked the hay near the cabin built by autries was because the ground was damp around my own cabin my own louse was and built of frame the cabin autries built was the same at the time of the killing as it was last january could not tell which way was facing when the shot was heard mrs preston the wife of the previous witness testified that they moved into their place on the ad of april lived right along till july known the defendants five years on the of july was at the cabin saw all three defendants fend ants hauling hay saw alick autrie and get out of a wagon after they came up with their guns they sneaked around in the hay first thing I 1 heard was here you get out of that cabin I 1 looked and saw alick autrie with his gun leveled at me my husband was stacking hay close by tho defendants were hauling the hay off our land on to their own ranch hyrum carter was helping my husband the defendants abam a little after sundown around the abbin did not see them leave had been away at Justen sens wore overshoes shoes before he left because liis boots were worn out he had sent for new boots but they bad not arrived aliis trouble was on friday saw the new boots on sunday came home late on the sight of the I 1 said to him why I 1 thought you were going today to day till after the said to my husband 1 understand they have been cutting down your fence my husband said yes then said 1 I duoss I 1 had better go after iny horses or they may get out ho and my husband went and sometime after I 1 hoard two shots I 1 heard another shot about ten or fifteen minutes after that my husband had a gun with him at the time he was loading hay and I 1 held it awhile nothing was said to my husband about the frenchman defendants hauling hay that day said to my husband 1 I understand tho frenchmen have been hauling away your hay today the birst talked about was tho horses saw tom take the quilt and lay it down m front of my door it was abndt midnight that while I 1 was on my way to my fathers I 1 saw two indians limpic and nimrod they gave a pistol to hyrum carter after my husband came in soon after the shooting I 1 said I 1 stay there and so J went to my fathers about two miles and a half distant the case is on trial as we went to press |