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Show THE DUDLEY TRIAL. The Prosecution Rests and the Defense TakeB Up the Gauntlet. When court convened on Tuesday morniog, JOHN SPIRES Waa recalled In regard to the statement state-ment made by Dudley about his wife being seduced, he accused his brother of being guilty also, but did not say which, and spoke of W adman being connected with it; be then spoke in such a husky voice that I thought big mind wandered; he did not Diake this statement until the morning of the 11th. 'In tho cross examination, the wit nesasaid: I don't recollect that Dudley Dud-ley said Wad man had accused his brother of seducing his wile; I think his words wore: "I married a girl and Bhe was pure. She has been : aeduced by my own brother;" he did , not eay that Henry loved her and waa determined to have her. The reporter read the testimony of the witness given yesterday relative to the seduction of Dudley's wife and the arrangements made to lake her back, and he said what he then testified to was correct. I thought from his manner that bia mind wandered; I considered he wa3 laboring under a very high degree of oxcitement. Re-direct I thought his mind wandered because I had to ask him two or three times before I could understand bim; I was very much surprised at his accusing his brother, and for a time thought I was mistaken. mis-taken. Wil. STEWART Re called In addition to what I told you yesterday, I beard Dudley say more on the morning of the 11th; be called Spires and me into a private room, and talked to us; he said Heury W adman had seduced his wife and Bhe bad left him, but did not know why till eho told him; Bhe said Bhe loved him (Dudley) and could not live with him and act as she had been doing; I oannot tell what Dudley then said about hia brother being connected with the aflair; be said that hia brother had also seduced her; said bia wife said that Hyrum Dudley had kept Wad-man Wad-man around bis place and that it bad resulted in the breaking up of hia family; that id all he said about Hyrum at that time; later in the day he BRid Hyrum was a good boy, but he let his passions get the best of him; that id all the conversation: I understood under-stood they both seduced her; be Baid that he and his wife were going to live together again; that they bed made up theirditJerences; be said Bhe told him she would tell him the straight of tho matter if be would protect pro-tect her and himself; he never said she left him because He had been squandering his money at horse races; he Baid he did not know why she left. Cros6-ezaminatiou He did not eay hia wife had told him that Wad man had anrnnpH his hmthor nf Rprlnr.inp bia wife. WILLIAM GEDDIS Sworn Slated that he went to the bouse of Raymond the night of the killing; the body lay r.ine feet in a southeasterly direction from the house; the leet were north, toward the house; the body was pretty straight, lying on its back, and the lega stretched out; we only louud a pocket book on it; ono ball bed entered en-tered the face on the lelt side of the nose, another, wo supposed, bad entered en-tered the mouth, and two bullet holes were in the back of the head; we only found ono bullet hole in tho mouth; we found a wound on the top of the head and thought it bad been made by a pistol ebot that glanced around; the Jace waa powder burned; should suppose the firing waa not over thiee feet from the bedy; it might have been two feet; the body wa3 dead. Crcbs-examination There was a little tree there; the head was not over two feet from it, the head on the east. Bide of the tree and a little Bouth; I stepped the distance that I measured, it being nine feet from the house to the feet; I don't know that the body was lyirjg in the position in which it was kilted. FRANK RICHARDSON Took the stand I wsa cue of three called to go and take ohargo of the body; when we got there wo aw two persons going from the house; there waa nobody at the houBe when we got there; he described the position of the body substantially the en me aa the preceding witnesses had done; 1 al'terw.irda went to Spires' house to guard the prisoner; I heard Dudley epeak of the matter; Moroni Skeeu was called on to guaid tlio prisoner; Skec-n Eaid it was a bad n flair; Dudley said he had never carried a weapon until the last ten or twelve days, and he did it then because his life had been threatened and he did it to de feud himself; I heard a good deal of talk about the matter, but there is nothing ot :ioy consequence that I can remember. I ho croaa examination wan as to the pesition and condition of the body, and did not develop anything ma terial, it being mainly corroborative of what had been testified to by others. WM. OEDDIS, JR., Was sworn The examination o( this witneta developed no important facts in addition to those already testified to; he stated thai until the jury bad assembled no examination was made of the body, and no persons per-sons were allowed accera to the body uutil the Bitting of the jury. From the powder burn, tho witness said l:e should suppose the pistol waB held within a foot of the face; there waa a black and swollen mark acrrss the uoso and eye; it was not a bullet mark; it was just a bruise. In the cross-examination the position posi-tion of the body was described; the neck waa about three inohea east of the tros, and a little'soulh: the feet inclined to the east; the hands were pprend out and the leet came together; perhaps a little crossed; there was blood on the ground by the side of the head. Re direct I hed no conversation with the defendant, I To Juror I considered tho whip found there harmless; it was not a heavy whip. STEPHEN GHEEN Srforu I was at Plin City the day after the kiil'ng; I helped to waeh and dress the by; X saw a glanciog shot on the back of hia head, the wound in the trc, a bullet hole in the back of bis head aud a wound over the eye, on tho cheok bono, and I thought the bridge ol the node we broken; this wound extended from tho chee k bone 'ip into the hair; 1 thcught it was tJ.oue witb a club; it could not haves been done with a list; the blow nuiet hiivd been struck Irum under or over. Tlio witness related the cir cumsiance of the killing of the beef ju which hound Heprv Vadman took part, to show that Wadtnan had uo weapon, and showed that Wadman had borrowed weapons to kill the bp.tl, which h:ii been taken away. Witness judged the gun that fired tbe shot in the face was not over four inchca from the face. Tuere waa a black mark on the arm, a bruise on tbe breast, and the throat was discolored dis-colored and swollen. Cross examination I think it was on Monday; tbe pistol which waa used in killing the ateer was a Remington navy size, thirty six calibre, six-shooter, six-shooter, and it belonged to Mr. Peter Rock; Harry shot five Bbota out of it, and Mr. Rock took it; it waa laid on bunch of euufbwer-; whoo we got through skinning the steer it was dark; I can't tell bow the parties stood when tho blow was given that reached from one cheek bone up to tho bridge of the nose over the opposite eye and up into the hair; there was a scalp wound on the left side of the head, near tbe base, and waa three-fourths of an inch in length. To juror Tbe pistol waa picked up from the sunflowers before sundown; Mr. Rock took the pistol; the barrel was bix inches long. PETER ROCK Sworn Testified aa to the pistol being his; and he picked it up from a buue-h of sunflowers; Wadman did not have tbe pistol; I took it home aod loaded it again that night. The cross-examination did not deduce anything new. I LYMAN SKEEN Took the stand Helped to take the body from Raymond's to its home; described the wounds; there was a mark on ono arm, as though it had been pinched; no other marks. Cross - examination There were two bullet holes in the back of the bead; there was a blow from the lelt temple down across tbe nose; the nose wub swelled across the bridge; the eye and noae were swollen much; there waa no bruise on the right temple that I saw. MORONI BKEEN Sworn Ho described the killing ol the eteer, and the borrowing of Rock's pistol; saw Rock take his pistol away; he did not see Wadman have any arms on him while with him; he saw the body belore the examination. Ho closely examined the wounds. Ono ball went in the face, which came out the back of the head; this witness thought the pistol had been held right against the face or within an inch ol it- I so. Hurl loo- T airi it TOfw ral.ltPr a bad alLiir; he said yeB, it was, but he did it in self defense; he said, never did I carry fire arms until the last ten tr eleven days, and I bought the pistol to defend myself; my life was threatened by this same party, and he eaid to me he had also threat ened your brotuer'u life; we searched Dudley; I found a pocket knife; the constable pulled out some cartridges, and aaid "I don't think he'll harm aoy body with them," and Dudley said "Yju bad better take them;" the cartridges were about 36-calibre, and navy s'ae. In tbe crone examination tho wit ness Baid be thought the pistol had been put in tire mouth amd fired; he saw powder in the mouth. Nothing Noth-ing material was adduced but tbe above statement. In the re-direct examination the witness said Wadman had told him be had no arma with which to kill the Bteer, juuge van Ziiie saiu net expuctej bis other witnesses on tbe train, and a recess waa taken until 2 o'clock in order that he could talk witb them, After reoesa MOKONI SKEEN Was recalled The direction of the balls was upward; we Bearched all around the body for arms but found none. WM. L, STEWART Waa again recalled I have the pistol with which the shooting was done; got it this morning from Joseph Dudley. (Tbe pistol waa here produced and shown to tha jury.) JOHN WADMAN Was recalled I heard Nephi Stephen's testimony; he said Borneone went to Spencer Raymond's house and knocked; it waa I who went; waa asked by Spencer who I waB, and I Baid "It's me;" I went there after I bad been at Spires,' and learned what took place; I had not Been my brother then and did not know bo waB dead; I did not aee him until a couple of hours later. OrosB-examinatioQ Mrs. Spires told me my brother had been ahot; she did not tell me to go for a doctor; I did not talk to anyone after I left Raymond's door; I Baid "whoa; back" to my horse; I then vtent to old man Raymond's; I Baw my brother on the ground about three minutes before tbey took bim home; I did not hear anyone at his body when I passed it, which I must have doue, though I did not aeo hia body. My brother was about my height, I being then five feet five inches; 1 don't recollect what hour I went to Spires'; Mrs. Spires asked me if I had heard what bad ooourred; I told her no; she said my brother Henry bad got into a row and was shot; I asked it he was dead; she eaid ebu did not know; her son and thn hired girl were 1 present at the time; John Spires came to our house and told me "For God's sake to put ou my boots and come to our house;" I asked bim what was the matter, and ho said he had been told not to toli me; I went to Spencer Raymond's because Mrs, Spires told ine Henry waa there; i asked for Joe Du iley; I did not ask any ol them where my brother was; I went aw.iy right r. fl; I went to old man Raymond's; when I got there Nephi Stephens came over and Iasktd him, and he told mo my brother was dead; I did not go over to eeo the corpse then. THOMAS H. BULLOCK Sworn I examined the body; I saw tbe wounds in tbe mouth; I saw it was powder burnud inside; none of the Irout teeth were out. Judge VanZile then stated a very impoitantwitness, Spencer Raymond, had not beou found, and ho wanted! the case suspended until tbe witness could be obtained. Ho said he did uot know how long it would be before tbey could get him. Judgo Emerson said if the district attorney would set any time he would grant it, but he could not do soon the mere wish that the case be suspended sus-pended until the witness was found. Judge Til ford said they could take all the time tbey wished to get bim, Judge Emerson Baid he would postpone post-pone the trial till Wednesday after-nuon after-nuon if need be. District Attorney VanZile wanted to introduce the testimony ol Raymond Ray-mond given before tbe coroner's inquest in-quest aud before the grand jury, but tbe delense objected. Finally Mr. VanZile said he would close bu case, and il the wilms could bo obtained he would move later to admit his teoiiaioi;y, which waq a dwerotionary matter with the court. Judge Tilloid, before the prosccu lion closed, racwd tliut the prosecu liuu be compelled to bring Mrs Raymond Ray-mond on tho stand, who was iu the houso at tue time of the homicide, homi-cide, and who wps in a pnshion to to see aII th tt wsa going on at ihe time of t'.i3 difficulty. He called the aticutieu of Ihecoiiit to the duty ol the prosecution to call all witnesses present at tbe d i lii u " i y , mid he t3uuht they sbouU ha compebid to cause tbi lady to be plae.ed upon the stand aud testify, whether it wmild inure to the benefit or to th't detii-ment detii-ment of the defendant. Judje Emerson said be rccoguizod the force of the rule, but in his view thii was not a caee that came under it, therefore he overruled the motiuu. An exception was taken. F. S. Richards, Esq., then stated tiie case totbbjury on behalf of the defendant. de-fendant. Gentlemen of the Jury You have beard the testimony in this case lor the prosecution, and it now becomes my duty to open to jou the defease. Tbe killing ol tbe deceased, Henry Wadman, by the defendant Joseph Dudley, at tbe time and place charged in the indictment is conceded, but we Bhall prove to you, conclusively, that this killing waa done in BeW-de fense. We shall show you by competent com-petent evidence that tbe life of thi defendant waa threatened repeatedly by tha deceased, Dot only to other individuals who communicated those threats to bim, but also to bimteli personalty. We shall also shy.v you that fur five years precddinn th;? homicide1, a criminal intim;i.-y bad existed between the decea-ied and tbe wife of thid defendant; thai tiie deceased had become so enamored ol Mre. Dudley and so determined "to have ber," to use the language ol some of the witutsaea, that be had already edected a separation, had caused ber to leave her home aud husband and move to the home of ber lather, that he was so determined de-termined tu poeaesB this womao that he would even sacrifice the life ol tho defendant, if need be, to get ber. The defendant had no knowledge, not even a Buspioiou, of tho criminality crimi-nality existing between these parties, or of any impropriety, until alter hia wi e had left. The pre text that she had made for leaving waa frivolous, so un-satiBlaotory un-satiBlaotory to him, and hii love for her was bo great that he desired a, reconciliation, and tbe deceased fear ing it would take place, and in order to prevent it went to this defendant and gave him the first intimation that be ever had of this illicit intercourse. He said to tbedefimdant: "Your wile has not bean true to you, and I am the father of all her children," Of course tbe defendant did not and could not believe this; iuuooence, gentlemen, is ever unsuspecting; he had bseu true to bis wife, and be could nut believe that she had been untrue to him. But after they had separated, and as he thought more about it, a terrible, dreadlul fear came upon bim that, perhaps, there might bo some truth it, and that fear grew upon him, until finally, in order that he might know whether this w-is a foul slander, or that be had indeed been bo basely betrayed, he Wtmtfrom Plain City to Draper, some aavenly miles, to eae bis wife and learn from her whether or not this charge was Crue. He reached Draper the next day alter tha burial of oae of bin children, aud there, gentlemen of the jury, by that little new-made grave, ue learned from hie wile the story ol ber fall. She also told him before1 they-separated that the deceased had preceded him to Draper; that' fie had told her all that he had related to her husband, I and that he bed further Baid that be! would prevent her husband from, going to Draper and telling the story of her shame to her parents and rela- titfea nuan if lia nhnnlrl hina tn bill him and bury him in tbe Band, This statement of his wife, repentant as Bhe then was, in that hour of their affliction and bereavement, tbe time above all others when remorse comes to the erring soul, made a deep impression im-pression upon this defendant; his love for her waa uot dead, thore was a spark remaining, whioh bo felt lanned by sorrow into a burning flame, and the love of his youth was revived and intensified. He was undecided un-decided what to do. Should he take ber back? Could a reconciliation take place, or must ne cmt her away? In this dreadful state of uncertainty he returns to Ogden. When be reached there he met the deceased who inquired what hiB wife had said about it, and what she had told him? Now, gentlemen, it there bad been the malice iu this man that is claimed here; if there had been murder in his heart he would then have reeked bia vengeance upon the deceased. But, nol he had no such design. He told bim to keep awey, not to cross his threshold, nor interlere with hia family and that be would never harm bim. Xbey met at other timea before tbfl homicide, always on friendly terms; lor the defendant was still wavering in his mind and undecided whether or Dot he could take back to bia boaom the erring wife he yet loved. Hence he did not desire to proclaim upon the housetops ber ebu ma and degradation. We will ako prova to you, gentlemen of the jury, that about the timo of - the separation sepa-ration of Mrs. Dudley from "her husband, hus-band, the deceased borrowed a pistol and that he had that pistol in his possession until the time of bis death; that it waa returned to the owner some-days after bis decease. We will show you tuat he bad a pistol on tbe veiyday of thehomioide;aye,latein the day, and even at the very time of bis death. And now, gentlemen, we come to what occurred on that eventful event-ful evening. We shall Bhow you that the deceased went to tbe house of Mr. Raymond at a late hour, alter dark. He went in and sat down with the defendant de-fendant and others. Alter u lew mifiutca' conversation he got up and beckoned the defendant to foilow him nut. He did eo. The decoased led (he way through the door and along the south eido ot the house until be KOt in front of tbe window, wheu stopping suddenly and turning around, facing the defendant, ho put his hand back as if to draw hia pistol, and abruptly said : " Take it back, by God, or I'll blow yojr d d brains out 1" Oa bearing this exclamation the defendant immediately struck tbe deceased with a whip which be had in bia band, and cried " Help 1 MnrHnrl" Tdov ar,H oltor struggling Borne time the defendant suoceeded in getting hold with his left band of the right wrist of the deceased, de-ceased, who was all the time struggling strug-gling to get bis pistol. While this struggle was going on the recollection of all tbe injury and desolation which had resulted to tbe defendant in consequence ot tbe damnable conduct con-duct of this man, came rushing into bis mind, and be realized witb what a desperate character he was dealing; a man that had betrayed his trust, dishonored bis friend, and desecrated des-ecrated the sacred name of wife, who, when left in charge of bis employer's property and as the protector ol his iamily, demon-like destroyed the purity of that sanctuary; remembering remember-ing these things and the many threats that had been made against his life, and tbe lad threat, the very last words that tbe deceased had uttered still ringing in hia ears "Take it back by God, or I'll blow vourd d brains out," Dot knowing what ho wns bo rudely asked to retract, the defendant feeling that his life wf.s in imminent peril, arid believing liiai the only w.iy to ea?o iiimstll wsis to eUy the mn who hed nifeted these tiircate, and who waa then iwjJ there slrunlnin with all l is m'uht Hi re.".cli Hie deadly wdnpon witu wincn to execute upm : bun Lbe threat he had jut made, I &ay, under these eirciimatancee, gentle men, with no other motive and for no other purpose than to save his own life, thia defendant slew tbe deceased. Gontlemen of the jury, when we have proven these facts as o certainly shall do, then we shall confidently ask of you, iu the conscientious discbarge of your solemn obligations as jurors, in vindication vindi-cation of publio justice and as a matter of right and equity to the defendant, a verdict of acquittal. The firat witness for thedefense was MR9. MARY RAYMOND. My husband is Bpencer Raymond; Ihe defendant is my mother's brother; i waa home the night of the encounter; encoun-ter; I waa at tbe south window at the time of tbe enoounter; I had a light on a little table at the window; they bad been sBtting a few minutes and Wadman got up and motioned my uncle Joe to go out; Henry went firdt and my uncl followed as close as he could conveniently walk; my bus-band bus-band bad just gone out for wood and came in aa tbey weut out; almost immediately im-mediately after tbey went out and juat as they cot by the window I heard " lake it back, by God. or I'll shoot your d d brains out;" I am positive it waa Henry that said it; then scuttling followed; then I beard three shots fired in quick succession; I said "Run, Spencer, they're killing uncle Joe;" after the Bcufll ng I heard a cry of "Help, murder;" it was uncle Joe's voice; then I Baid "Run, quick, they're killing uncle Joe;" be ran quickly, followed by Stephens; they had just about got out of the shanty door when I heard the pistol fired; a few minute? after they came in and Uncle Joseph sat down, threw bis arms back like a wild man and said, "By God ! I did this in Belf-defense. Belf-defense. Come, quick, I'll give mj-self mj-self up." My husband went with bim; I then sat down and I beard some one at the body; I heard voices; could not tell what they said; a knock at the door followed; Stephens aekeJ who it waB, and the voice said, "It's me." Stephens said, "What do you want?" and tbey BBked if Joe Dudley was in; I did not recognize tbe voice; I have known John Wadman a good many years; I don't know that I could have told Wad man's voice; we staid a few minutes and then wont to my fatber-in-law's; the parties returned re-turned the way they came, which wr.a past the Eouth window; I did not bear any talking as tbey went batik; it was not many minutes alter I gut to my father-in-law's before I saw John Wadman; he was in tbe bouse when I firdt saw bim; Henry bad Drown overall.) and a blue jumper on; think there was a hip pocket, aud 1 saw tbe shape of a pistol, ael thought it to be, in his pocket; it was Monday, February 10th; I saw Henry on tbe Sunday belore; be came up with a wagon and he wauled my uncle to take a ride; I understood tbey were talking about making a hureo trade; my uncle's wife left him about tbe lut of January; between tnat time and the time of the murder I saw Henry and knew ho wag carrying a pistol; have seen him carry a piBtoI often; if I were going to say anything about his size, I ehould say Herjry was taller than John; on the day ol tho killing my husband and unole went down to the river to get wood; in going to my fjncla Joe's farm tbe road leada past old man Wadman's; Joe bad a whip io hia hand when he waB at our house; (the whip was identified.) My unele Joe went down to Draper about ten days before the shooting; be got a pistol when he came home from Draper; before that time I never knew him to have a pistol. (The pistol was here introduced). intro-duced). I moved the candle before I went out, and according to trials I havo since made, the light that night shone right in the ppot where tbe bedy lay; I can't tell whether I moved tbe light after the knocking at the door took place or not. Cross-examination I recollect positively posi-tively moving the light; Wadman lay southeast from tbe window; when I moved the light against tbe wall, il was on the west Bide; I bad white bleached window curtains; the curtain cur-tain was not all tho way down; the west aide waB uncovered; that wns part of the bottom glass; it was generally gen-erally that way unless I put it down; I looked at the curtain that night juet a3 Uncle Joe weut out; I did not put the curtain back. The witness again told what Bhe heard said and of the acufile and tbe firing. I did not hear another word but what I have told. I have never heard a word of how the killing was done; I have never heard Dudley say a word about it, and 1 have never mentioned it to him, though I have been in his company; I listened all the time the affair waB going on and I did not hear anything else said; I think Joe Dudley had on overalls and jumper, and I think a black coal; I could see Wadman's bip pocket; I think tbe binding bind-ing of the jumper came about half or quarter of an inch over the pocket of the overalls; Henry threw his arms bask and stretched and I then saw the pocket in the overalls; I had known Harry Wadman quite a number of years belore this time; I had not known John aa well as I did Harry; I have never been sworn in this oase before; I have made a statement to Judge Williams, of Ogden, of tbia case; I heard talking at the body; it was not over five minutes after that that I heard the rap at the door; I gueBs it wqb ten minutes; I heard them talking talk-ing but I could not tell what they said; I heard Die voices almost right after Uncle Joo and Spencer went to give IbemsclvtB up; I know it was not them that I heard talk at tbe body; I last heard Joe and Spencer ae they paaned the window; my bus baud ia at Round Valley or Suako River; I have not had a line from him; I dnn't know bia poBtofficn address; I believe he left about six wcelts ago; it waa not two mnntha ago; it was five or six, six or eeven weeka ago, I guees. Re-direct Before this thine occurred occur-red my husband bad intended to go to Snake River andjmako a settlement there, EDMUND ELLSW0BTH Sworn I know Wadman and Joseph Dudley, the former five or six years, the latter ever since he was a little boy; about the 10th of January last I was getting a steer and Wadman was to help me; I went over to Dudley's for Wadman; Wadman was helping to move furniture that was to go to Draper; be bad a pistol and showed it to me that day; on tbe morning of tho day on which Wadman Wad-man was killed, I eaw him; I asked him why he told Dudley that I had Biid disrespectful things about bid wife; ho said he had tcld Dudley nothing of the kind; I told him Dudley said bo; ho eaid if Dudley said so be wa3 a "G d d n liar" and be would make him take it back; and he would see him that day but ho had something to do; I said Dudley was going to take bis wife back, and Wadman said Dudley never would tike her back, by God; 1 aktd him what he meant and he snid, "Well, be'il never lake her back;" wo went for the steer; I saw eoaiethiiig in the hip pocket of bii ovoralls ihat resembled the shape ol a pistol; and supposed it was a pistol j but I could tit it tel;; hia jumper waa prr:lly lout; 1 U'ft him about 3.3U o'clock; I p'nv the cnrp.e; the witnfef illiien testified aa to some of the , wounds. Ihe pitto! showed mo was a email one, five or six inches long. Cross-examination Tbe bteer was mean and he got mad and threatened to shoot it; I aid he had better get something to Bhoot it with firat, and then he showed me the pistol; ycu could kill a man with it"; never beard bim epeak of the pietol after; tbie was three or four weeks before the Bhooting; Joe'a wife bad been gone about ten days then; I live at West Weber, about three quarters of a mile from Dudley's house; never Baw Wadman with a pistol after that; but Baw what resembled a pistol in bis pocket tho day of the shooting; am no relation to Dudley; my father married Dudley's sister; my mother is alive. An adjournment was then taken until this morning. |