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Show THE OTHER SIDE. Was Dim Justified in Catting Cat-ting Jeremiah Patiiodo. DID PAT "KISS" DUN With a Slung ShotP It 1b bo Alleged A Night Session of Court Was Found to Be Necessary The Jury is Now Considering Consid-ering the Case. The case against Matland Dun and Tom Morgan of Millard county accused of assaulting Jeremiah Patnode with intent to murder Patnode is very long in being tiied. It occupied all day Yesterday, Yes-terday, and an evening session was held. Today the case ie still on and no other business except a few preliminary prelim-inary orders has been transacted by the Court. The evidence adduced proves that the condition of affairs down around Warm Creek in Millard county is such as not to invite strangers to go and locate there unless they are the kind of people the fiction writers in the dime . novel series of books describe as being the chums, cronies and companions of Daredevil Dick. What with the bitter hatreds, feuds, charges and counter charges of thieving and robbing the inhabitants in-habitants seem to indulge in as affecting affect-ing each other, with the occasional encounters, en-counters, human life seems to be continually con-tinually at hazard. After Jeremiah Patnode was let off the witness stand yesterday afternoon (Jerry was kept there a long time and he got very mad several times at Sam A. King, attorney for defendants) Sher.ff Hawley was placed in the chair which Jerry had heated up with his wriggling and squirming, leaning first on one side then on the other, and getting get-ting up and sitting down with great force to emphasize his statememts. "Yes sir." he repeated often, "I do feel that a man who takes from me my last loaf of bread ought to be killed, but I never threatened to kill Mat Dun.1' The sheriff detailed his chase into Nevada after the defendants. His testimony tes-timony went to show that they acted then more like criminals fleeing from justice than men seeking work. Patnode was recalled for further cross-examination, lie admitted haying hay-ing borrowed a gun to protect himself from Doutre, but insisted that he never threatened the life of Dun. Mr. Uibba, assistant prosecuting attorney at-torney for Miliaid county, testified as to the condition of l'auziode when the arrest of Dan and Morgan was ordered. Testified also that Allred Doutre had Baid that the assault was not justified, but was plainly an attempt to commit a cold blooded murder. Attorney King then stated the case for the defense. He stated that the evidence would show that for some time before the assault these de'tndams were arranging arrang-ing to go out of the territory in search of work and that on the morning of the 19tli of June last, went to Alfred Dou tre's place for some wuul. Beiore going Mr. Dun had been informed that Mr. Patnode, who was working at Dontre's place, had accused him (Dun) of robbing rob-bing him and that he (Patnode) had threatened to kill Dun on sight. It was because of this that he had asked Morgan to go along with him. Dun began to talk to Doutre when Patnode interfered and called him vile names, anc accused him of having robbed Pat-node's Pat-node's house. Dun told Patnode to stop, but he would not. On the contrary con-trary he pulled a slung shot and hit Dun on the neck. Dun was crowded into a corner and he was obliged to attack at-tack Patnode and overcome him with the shears in self defense. Morgan had a pistol on him, and if the intent had been to kill Patnode it could have been done easily, the attorney urged. The evidence would show that Morgan did not touch Patnode until after the affray. That the men remained re-mained in the vicinity several days and when they left they left their address with the postmaster, Alfred Doutre and Alfred Doutre Jr., testified to having witnessed the combat com-bat and having seen a piece of lead wrapped in a handkerchief itiPatnode's possession. They did not eee Patnode actually strike Dun with it. Evelyn Doutre had seen Patnode tie a piece of lead in a handkerchief that morning and heard him say he intended inten-ded to "kiss" Dun with it. Had heard him say also taat he was the happiest man on earth that morning for his slung shot "hung just right." Ben Galland testified that Patnode had told bim he would kill Dun on sight and that he had communicated this to Dun. Alex. Doutre testified to having observed ob-served a lump on Dun's neck that wasn't there before he went to Alfred D jutre's place. On the 26th Dun and viorgan told him that they were going to Elko county, Nevada, to get work . nd asked him to tell Sheriff Hawley where they bad gone if it should be that he wanted them. Prosecuting Attorney Thurman in cross-examination eucceeded ln making each of these witnesses testify thacthev did not like Patnode Some had even said that it waB a pity Patnode's tongue was not cut out while so much cutting was being done. Other witnesses tsstified to the' lump on Dun's neck, and the two defendants testified as Attorney King had out lined in his opening statement Very much time was occupied with rebuttal testimony on minor and important im-portant points. The attorneys were limited in their arguments. The jury is now out with the case. |