Show THE DUTRIE TRIAL I TRIALI II i Still Dragging Its Slow Length I Along BEFORE COURT AND JURY BELOW The Evidence Quite Intcrcsticc Trcfllcj On i the Stand Other Court Proceedings I Proceed-ings of Interest Thomas Jeffrey applied for naturafiza I 1 Hon as a citizen of the United States xvd mitted Peter Okleberry was arraigned and plead t not guilty to a charge of adultery O A Audoliu for unlawful coluibita Hon took till afternoon to plead THE ntTun IVii Jerry Patwood was again put on the stand for crossexamination In the Dutrie murdertrial He said he did not recognize Nbakes in the horseman who rode past the cabin before the shooting Did not hear the men on foot as they came back It was light at the time but one could not see allover all-over the room As Kbdkui came to the corner he jumped in front of the door shot I jumped back and received the shots from Dutrie three shots When Ljman came Truffles told him to go for witnesses Witness was excited thiougfc out Bishop picked up the quilt about sixty feet from the pistol Mr Bishop turned the cylinder of the pistol as he picked it up In skipping from point to point the witness became considerably mixed Alex Dutrio called ly the defense Direct Age 41 Nationality French Letters relating to the laud were intro duced in evidence to show good faith on tiie part of Dutrie m making entry Witness I testified to doing work on the land as required re-quired by law Alonzo LymanThe brush would have been broken down by laying a body down as well as by a man falling down The body was flat on its back hands crossed on breast Witness was called out at 12 I oclock at night sb Treffly D ieat and Patnode Went over to see the body The I defendants explained what hud been done i and how He was wanted to look at the body go for a horse and see Joe Carter They wanted him as a witness too Carter couldnt come I told Ike Preston the Frenchmen were moving into their cabin h h 1n1itooih cd I The Frenchmen told him of the days trouble and that they were going to move into the house and hold the land After I the killing witness was shown the tracks said to be made by Xoakes Witness pointed out on the map to Mr Varian the position of the tracks as explained to him Re direct Witness was present a few days before when Preston had challenged Treffly to fight when Trefily would not do it Jerry Patnode one of the defendants testified Was farming for the Dutrie boys in 1SS7 At one time while working work-ing on the Dutrie ditch Preston came and said Ill have the water if I have to kill I both of the French s of bs In ISIS I was working for the Dutrics in July Alex put up a cabin in April I was also there then and helped him I worked there in April about three weeks While there I slept with Dutrie and when the house was furnished Alex and I slept in it In July when I went back to work for them I helped hand the hay On the 20th we handled five loads I saw his wife about noon They Preston and wife had arms Alex went up to his cabin and said he found Mrs Preston there AVe slept in Alexs cabin that night We slept together Alex and L Treffly went home about sundown sun-down 1 went to sleep and in the night Alex waked me and I saw a man on horseback horse-back going down the trail After he had gone by I fell asleep again and Alex waked me once more I saw two men close together to-gether One had a blanket on him and I thought one was an Indian They left the trail and came close to the I I door I saw the pistol slung They stooped and Xoakes tired a shot The witness here illustrated his testimony with dramatic I gestures I returned the shot Then Alex fired twice Ol said Dont fire again he is down Noakessaid Boys fetch me some water but I sawhis pistol slung and dared not go I heard an Indian yell and said I guess we have got to die tonight to-night We went to Trefflys cabin and got him and then we came back to the cabin In the morning Bishop Earl and Lyman came We went out to look at the body I saw overshoe tracks there When we lifted the body the blood flowed from it freely I never saw so much blood in my life I saw Bishop take the pistol up and say he never shot We took dinner at Carters in a day or two afterward I said Your partners gone and he came to shoot Alex in his bed and a man who would do that ought to be roasted I didnt make the remarks Mrs Carter said I did No one ever touched the body after it was shot till the morning when Bishop came It lay right where it was killed I never said Id have got Preston if he hadnt run Crossexamined by Mr VarianHe detailed de-tailed his early history and furnished his pedigree from way back Alex was pretty mad about the water in the fall of 18S7 He called Preston a pilgrim but used no hard names On the 6th of April 18SS when I was going to the talon I met Preston and another man coming on horseback toward me The were armed and stopped me and asked me in a gruff way where I was going i and where the Frenchmen were Witness tongue ran like a flutter wheel and it took Mr Varian all his time to shut him off and keep him inline in-line When we went down in the field on the 20th Alex and Treffly had a gun each I had nothing but a pitchfork When we went to fix up the cabin the boys took two guns and a pistol yes two pistols That morning Treffly said Well go down today to-day and sleep in the house Alex wanted to go to secure the land We didt go down with arms to hold the place At 530 while a running fire was going on between the witness and the attorney the court said Well Brother Varian you I may stop there and the court adjourned EDXESDArS PUOCEEDINGS On Wednesday morning the Dutrie trial was resumed and Alex Dutrie brother of defendant Treffly Dutrie and the one who was tried with the two defendants last term and acquitted said In June I told um Noakes to take his horses out of the field I as I wanted to cut the hay Lyman replied re-plied that Lo would kill all of ps if I drove the horses out On the 4th of July I told Lyman that on the night of the 3d I went out to see who it was driving the cattle I said I was in the grass Did not say I laid in wait for Preston or that if he had come in sight Id have fixed him Crossexamined by Mr VarianIt was June 30th when I notified Lyman to take his horses out They had been running there for a year before I told him to take them out I was talkin to both Noakes and Preston After that Noakes struck me in the face I didnt resent it I told him it was all right I wasnt intending to get oven with him I was mad Have lived in this country since lyJ I talk French with my own people but do my ordinary business busi-ness in English I have been in the penitentiary peni-tentiary over a year On July 11 we both I claimed the land Preston and I He was examined closely as Mr Varian saidto show his bad faith the cxaaiiuation being in substance what was before stated up to the pont where lie saitVI dont know how manv times I fired The gun was loaded with buckshot It was mixed there were one or two dragoon pistol balls in the gun We only had fie two guns and a pistol taron Carter the boy who was in Pros tons tent u as called Heard Noakes say that if the Frenchmen got any more hay he would have their lives and much of a character like what had preceded Triffly Dutrje after describing in detail the maps and diagrams under Judge Powers baton gave an autobiography of his life and finally came d vu to July 20 f tfd cV naW 1 Ifebb the fatal day We were ill armed in the held that day I stayed at my own place Mr Lyman and his wife also stayed there About oclock I was awakened by Patnode He said TiitTIy get up Noakes has been shot Lyman and I weut with him When we got up there I couldnt seethe see-the body Bishop came and called to me and asked for TOM Noakes No one had been to the body during this time I told Bishop to look at the tracks before going to the body He said oldthe tracks 1 want to find Tom Noakes I mi htliave said no he never shot but I didnt mean it The blood run from the body when we picked it ut I left the cabin it that time On the way to Desert we ato dinner tt I Mrs Carters but didnt say what Mrs Carter says Witness denied making any threats to or against Preston or Noakes before the shooting I saw tracks of overshoes near the house before we took up the body The ground was disturbed about the body Preston told me in the spring of ISIS that if I took more water he would kill me He said he would drag us as he had dragged I Lew Sampson This was in iSSO Alex didnt say to James Preston I am sorry I didnt kill the other when I had him up the creek OTHER NLSINESS At 3 oclock the grand jury reported having ignored two charges brought before them under the laws of the territory They had heard all the witnesses brought before them and had no further business just now so the court said You may take a recess till the 28th inst and they vanished Susan A Baum applied for a divorce from her liege lord John J Baum alleging alleg-ing cruel treatment as a cause The defendant de-fendant was summoned to answer the charge at 9 oclock tomorrow Pitovo October 2 1519 |