Show FOR AND ithe jury acquit of alie grime As we went to press tuesday mrs preston wife of the principal witness in the antrio murder case had given her testimony concerning the killing of the next called was wen justeson who testified that he lived in snake valley saw thomas about the or of july last at my place he left my place to go home he wore overshoes they were part rubber and part cloth he left on tho day ho was killed to mr dickson it would take him about a day to go from my place to Pres tons he had been around my place two or three days the shoes came up to his ankle he wore a coat a short one he wore a vest also george bishop testified that in july last he lived in snake valley about on the morning following the shooting an indian came and told me of the killing A short time afterwards my daughter came I 1 got up and dressed myself and met her I 1 then wont to where the body of was I 1 got a horse and my boy got a horse went down to themert ing house indians were there up in arms and talking about the shooting when I 1 got to where was shot I 1 went around calling tom it was quite dark about 3 in the morning I 1 went place and called he wanted to know what I 1 wanted I 1 told him I 1 had no arms ho and the other two defendants were around all standing up outside of the cabin I 1 said 3 un dei iland you have shot tom and I 1 have come here to find his body said yes and if you dont get away well shoot you too about an hour after sunrise I 1 went to hunt the body and found it mr earl and I 1 went to hunt it we found it at the east end of the house I 1 said to who unbuttoned his clothes for deceased lay there with his vest and shirt open said t guess he unbuttoned them himself xo I 1 paid 1 I guess he unbutton his clothing after receiving that shot pointing to the wound right over the heart of deceased alick dairie made admission that he shot deceased and said shut your mouth I 1 then took the body away the breast showed there were thirteen buckshot wounds near the left nipple there was a bullet hole his right leg was almost shot off gross examined by mr dickson when I 1 got to the autrie cabin said you can come in if you are alone and unarmed when I 1 went in all three were there armed and standing up they look as though they were waiting to resist an attack they looked as though they were going to make one mr earl came afterwards and put their guns up but alick never put his gun out of his hand I 1 was in bed when canista Co the indian came and told me about the shooting my daughter was the first to tell me that tom was shot the indian said there bad been shooting down at the frenchmens French mens cabin and that may be tom or ike preston was shot I 1 asked him how he said my daughter told the I started to the and met her coming up when I 1 picked up the pistol ask me if there was an empty chamber in it he asked ma this some time after that I 1 looked in tho shell under the hammor was not empty I 1 passed it over to mr earl to mr evans hands as he lay were dirty his face was rather dusty there were several tracks near where the body was there were no overshoe tracks near the house wore boots with nails on there were plenty of boot tracks around there to mr dickson said icay god ho was close to me when I 1 shot him to the court there wore boot tracks near tho trail close by the body mrs preston was and testified that she did not see canista that night only saw two indians albert G earl I 1 was in snake valley at the datrio cabin on the morning of july last the three defendants were there all three were armed saw shakes body an hour and a half after at the cabin I 1 told them I 1 heard that there had been shooting and came to find the body they said they had sent to another part of the valley for some men to couce and be witnesses 1 told them I 1 thought the country was not worth fighting over said he heard and preston had been cutting his hay lyman who had been away came back and we then went to find the body the head was lying in a direction the vest and overalls were open and disease ds hands were resting over his abdomen ho had no coat on was shot in the right knee and there were gunshot wounds on the upper part of his body there was a largo wound a little above the left hip there were a great many tracks around there I 1 did not see any tracks between the body and the trail the pistol was lying by the side of the deceased it had an empty chamber it was second from the hammer to tho left a revolver I 1 gave to the clerk of ne court was the same one we picked up the revolver is still in the same position heard bishop say when he picked up the pistol there were no empty chambers and another in the party said who etwas to mr J D jones a juror thera wore no signs on the ground as though there had been any struggle to mr dickson did not hear either of the defendants make any statement about the shooting did not hear say he must have been close by when I 1 ehat him we made no examination for tracks see bishop looking for tracks to mr peters the ground was higher where the head lay to mr A J evans a juror he was shot from the direction of the cabin james preston isaac is my brother am acquainted with the two tries was at their ranch in the latter part of june last had a conversation with them about water on that occasion trent said til kill both of them ave just come from salt lake and I 1 know what I 1 can do alick then said 1 only wish I 1 had killed one of them while I 1 had him up the creek to mr dickson arents trents ground looked as though it was burning up the autries had been using bishops ditch I 1 told ike and that same day said he think they would kill him recess was taken until p m alonzo lyman was the first witness called by the prosecution in the du trie and murder case after recess on tuesday afternoon he said he heard the defendants say before the killing that ike preston and tom were trying to run them oat of there bat they the defendants proposed staying there as long as they breathed and preston and might try to kill them if they wanted this was in may heard after that say he would kill the s s of b s if they gave him good cause on the night of july ad alick datrio had laid in wait to kill ike preston he had hidden in the willows tor that purpose and had his gun with him this conversation took place on the morning of july ath to mr dickson did not tell either preston or it was none of my business I 1 told about it never told anybody else till this daywan subpoenaed by the prosecution on the ath or ath of the present month either or ales also said had threatened to kill them saw go to bed at 10 on the night of the shooting and then saw him again at 12 midnight to mr peters I 1 went tc bed at 10 same time as woke at midnight and went into arents trents room where witness saw both him and geo W cropper testified that he saw the body of the balls seemed to have taken a slanting direction from right to left they took a downward direction did not examine the back of the body witness described the size of the wounds and their positions prosecution rested judge powers proceeded to ad dress the jury as to the theory of the defense it would be shown said counsel that the cries had acme steadied the land claimed by preston the latter baving neglected to live on the land as he was required to do under the preemption pre emption laws preston having made m february 87 a preemption filing There was considerable feeling between the parties and many threats had been made by preston it would be shown that there were no overt acts committed by the defendants it would be shown that they had fixed the cabin on the so that alick could live there alick stayed there that night with Pat alick was on the watch A man on horseback passed and went in the direction of prestone house afterwards it was discovered that two men were approaching the house one some little distance behind wrapped in a quilt they were approaching the place in a suspicious manner the forward one stooping and beckoning occasionally to the man behind As tho forward one came toward the door he fired and then aleck fired the wounded man retreating and falling down distance off the theory of the defense was that the defendants fend ants anticipating an attack had a right to shoot the parties if it were necessary mr dickson submitted and read to the jury several depositions made by parties living in nevada testifying to tho good and peaceable character of and the other two defendants alex autrie and datrio tho birst witness called for the ds bensa was emma fowler she said I 1 am acquainted with george bishop he is my stepfather on the night of the shooting I 1 was staying at mr rhodes house mr bishop was there I 1 wont to bed about 10 that night demember Ke member mrs preston and hyrum carter coming to the house they talked as though there was going to be trouble down at the french mens cabin had seen the frenchmen there that day and I 1 was afraid there would bo trouble they had been hauling isaac Pres tons hay away that day and they always carried firearms when mr bishop camo to the house that night he asked for his hat as he said there was trouble down there mrs preston said she was afraid tom was kille d and mr bishop said ho would go down and see jerry one of the defendants testified 1 am 42 years old am a frenchman lived in snake valley off and on for five years before that lived in eureka nevada have been farming in snake valley in the winter of 1887 and 1888 preston came to me while T was working on tho ditch he said catch hell ill have that water if I 1 have to kill the s of a b I 1 was working for alick autrie I 1 put up the cabin commenced putting it up on april 5 1888 after that I 1 went over to spring valley in nevada came back m the middle of june stayed there two days got back to snake valley june I 1 worked there for sampson till tho or of july on the of julya hauled hay for the autries Du tries Saw Preston and young carter there pitching hay on autries Du tries baad laad I 1 thought some one was in the house and I 1 said aleck ill go and see who it is that is hiding in that house aleck himself went and told her to go out and she did so next day went to tho cabin and moved a stove and some utensils there worked all the afternoon fixing the cabin up fixed up a place to sleep in the back part of the choose in a corner abick stayed with me went to bed at half past eight had gone home to the ranch before then I 1 went to sleep first aleck was smoking about half past ten aleck me up and said some one is round the house we looked and saw a man going in the direction of Pres tons I 1 went to sleep again by and bye he woke me up again and said there were two men coming I looked and saw they were coming closer they stopped and talked and then moved on again when they got to a bush they stood talking two or three minutes the first ono walked with a pistol holding in his hand as though ready to fire and when he got to the door he fired taft other man who had a blanket or a quilt on him ran through the greasewood then alick fired and the man jumped back and cried out jesus christ alick then got his rifle and fired again and he fired a third time I 1 told him not to shoot again as the man was down was then on the ground and had the pistol in his hand waving it to and fro I 1 then went to arents trents house and woke him up telling him about the affair after I 1 got back to the cabin came and lyman with him george bishop came about 3 just daybreak he hallood halloed three times and I 1 said come along each time when he came in he seemed sorry that the thing had happened and told ho was glad his brother was not killed he went away and came back with carter we wanted bishop to go round and look at the tracks he said 1 n the tracks I 1 want to find the body bishop picked pistol up end cocked it then revolved the cartridges back and forth I 1 never said to any person or persons that night my G d ho was close to me when I 1 shot bishop said the way things were going on somebody was bound to get killed cross examined by mr evans I 1 told I 1 supposed tom was shot down I 1 went to him to tell him his brother wanted him to come up to him bishop said that morning after the shooting ho was not armed had said he want any one to come in that waa armed when fired through the door I 1 was looking through a brackat crac kat the side toward the rear end of the building anthe east side after he was shot ho fell back and briod out oh boys bring me some water and he out a third time oh boya pack me down to the meadow the first time I 1 heard him cry out was when he said jesus christ saw his pistol glistening in the moonlight I 1 told I 1 mean alick notto go out and give him water as it was only a ruse so that might shoot him if ha came out after he called out for water I 1 supposed it was when I 1 first saw the two men coming they were about halfway half way between the autries Du tries cabin and Pres tons house they walked close together had not seen tom for over a month before that I 1 went to sleep at half past eight aleck was not standing guard was two or three stops from thedoor and preston was eight faters off when the first shot was fired preston ran away carrying the quilt with him had no business to call out to learn who they were to mr jones a juror fired into the house find the bullet looked for it afterwards to mr evans remember the coroners inquest did not then say that preston never left the trail took dinner next day at joseph carters house was there carter did not say to me you get the wrong man say we got the wrong man but then we got one of the gang I 1 to carter your partners gene carter said you got the wrong man and I 1 said 1 I had nothing to do with it was aleck autrie S A was recalled by the defense after going for the parties the autries sent for I 1 returned half an hour after daybreak I 1 saw tracks of overshoes in front of the south door they were within three feet of the door when deceased lay there his shoos were unbuckled buckled un and jerry called my attention to the overshoe tracks just before going to the body there were some boot marks there also did not see any tracks around the body told preston that aleck had informed me he was going to move things into the cabin and stay there court adjourned until wednesday morning wednesday morning defendant aleck autrie took the witness stand ho said I 1 am 43 years old live in snake valley before I 1 came to this territory I 1 lived in nevada was never arrested before know the land owned by preston an admy brother and the land claimed by me worked there in march an dayman worked for me I 1 started to build a log cabin on april 5 1888 in the preceding winter I 1 homesteader homesteaded ed the quarter section of land and paid the fees into the land office in on july I 1 took hay off mine and land preston had cut the hay the jay before on the ike preston and hyrum carter were there cut the gap in the fence for the purpose of hauling off his own property fram the land preston bad a pistol in his belt carter had a pistol mrs preston was in my cabin I 1 said eliza dont hide yourself get butof there I 1 did not level a rifle at her did not go sneaking around the bushes I 1 slept that night at my brothers next morning I 1 got my own cabin fixed moved a stove table and bedding in there made the bed about a foot from the ground quit there and went home about sundown jerry and I 1 went to bed soon after 8 ahad a shotgun rifle and pistol after jerry went to sleep I 1 wont to sleep I 1 woke up hearing a horse saw a man on horseback go by thought it was tom by the clothes that he wore after awhile saw two men coming I 1 woke up and said theres someone coming saw them come to the high rose bush south of the house and I 1 got my shotgun in my hand saw the man in front come along and beckon back to the one following him when the first man came up close to the door and fired into the cabin |