Show MURDER CASE the defendants on trial ifor the second time HOW YOUNG WAS KILLED BY THE alie story of the shooting As told by an eyewitness eye witness the murder case against alex autrie jerry and autrie was ap for trial before judge judd yesterday morning this ig the second trial af this case the defendants haying moved for naw trial which was granted on the conclusion of the previous trial defendants alex autrie and were found guilty of murder in the second degree and autrie was acquitted 1 evans prosecuted assisted by W H king ex prosecuting attorney at the county mailard Mi ilard in which the homicide occurred W H dickson and judge 0 W powers defended A jury was and sworn court then took recess till one when mr king made the opening statement to the jury describing the character of the testimony the prosecution expected to introduce judge powers made the opening statement of tha theory for the defense J S giles was the first witness he said 1 am county surveyor of mailard county the maps on the wall illustrating the locality and scene of tha homicide are an accurate description of the land and respect ives cabins of preston and defendants on january sd last he found gaps in the fence surrounding the disputed land the ground is elevated on each side of the kraii in front of alfox autries Du tries cabin the cabin is higher than the trail the cabin is made of loab on the east giue there is a door and window opening on the south a door and an opening for a fire place on the and a door on the north there wass greasewood and rose brush running on the east bide of the cabin the soil between the trail and the house was loose but dry witness pointed out on the map the bishop and cabins on going from Pres tons house to aleck Du trios cabin it would be likely that one would pass rimie trieb cabin isaac preston on july 20 1888 I 1 was livins near the autries Du tries in smoke V alley mailard county my place was fenced my house was on the north quarter carter was living with mu aud slept in the tent thomas the deceased worked for me a short time before the killing the fence was nt P shortly after the filing lived on his own place at the time near by the aleck autrie cabin was put up abear after I 1 fenced the land we had vrondy disputes over the laud I 1 told the two autries that I 1 had located the land and I 1 said I 1 would like to know the line so that I 1 could fence as I 1 did not want to go on their land I 1 completed my fence in the summer of 1887 when I 1 went to living on the land the trouble began aleck came along and said it was his land and we went to Tre flis house and examined the plot we found their land was section 2 and 11 and I 1 claimed section 3 ao I 1 told them they were wrong in july aleck told ma to take my stock out of the field as ane land was his and 1 said I 1 would biot for it was mine after that on the the datrio boys cut the fence on the west side and began hauling out hay that I 1 had cut and took it to autries Du tries place I 1 was loading up they followed me up they commenced building the cabau on my land on ath of april 1888 when loading our hay I 1 had a pistol and they had shot guas drove alie team and aleck loaded when they had a man holding their firearms M y wife was standing at the aleck autrie cabin aleck had a gun which lie drew ou my wife saw him coming from eliat direction with a gun also I 1 saw stooping and going from the cabin with a gun owned the south forty acres of the land but I 1 did not know it then on tho they worked late in the afternoon we had left because we did not want any trouble about 8 that night we went to bed about sundown had seen a wagon on the land my wife woke me up and said had come I 1 pot up and gave him a drink of water and lie said he undo stood the autrie boys had cut the fence and he would have to go down to the field and alie horses gel out hyram carter was sleeping in the tent I 1 told I 1 would go with him and he said he would go oa get a quilt which I 1 could bring alon and he gouid bleed bleep down so as to keep the horses from getting out wo went be in advance on the trail and I 1 behind when on a line of the cabin a little north I 1 spread the quilt he was ahead and still on the trail it was a little cloudy though I 1 could bee plainly did not know any one was in the cabin that night no challenge was made and everything was quiet when I 1 spread the quilt I 1 heard the report of a gun and then I 1 heard tom exclaim jesus christ 1 I 1 was then on my knees saw two flashes from the cabin the flashes came from the east door or window and heard the reports I 1 aaa nomore of did I 1 hear him I 1 ran then to my cabin and left my quilt pistol and hat 1 heard one single ahot ten minutes after and alen I 1 cot inside my lio iise going down there I 1 had carried the quilt on my arm and my on the quilt after I 1 got back to my cabin I 1 started off for smiths ranch about a mile north my wife and carter went with me they went after that to rhodes place and I 1 went on to mv brothers abeck told me on the ditch 1887 that if I 1 turned alie water again he would kill me it was a stream that I 1 had used and they diverted I 1 always carry a pistol when out riding cross examined I 1 did turn the water after that the threat was made in the spring of 1837 did not know that the bouth forty acres was patented to autrie until after the killing he never told me when we were all hauling hay on july no claim was made by the autries that the south forty was theirs I 1 had a rifle my wife held it and carter had a pistol lyman told me that the autries had moved their store and fixtures into that cabin and were going to stay there but did not say they were going to stay that night mrs preston wife of the previous witness gave testimony corroborative of her she on the loading of the hay she went anto acx autries Du tries cabin boget out of the sun and stay while her husband and carter were loading the hay that while there alick came and leveled a gun at her telling her to get out B bachman Ba ciman jr deputy clerk swore that the pistol iya in liis p was him by mr earl it is in the coni it was when he received it I 1 geo bishop was next called in Talley july am ohp father of mrs preston about half past 4 on the morning of the indian told him odthe trouble ten minutes afterwards ter wards my daughter told me what had happened I 1 went down to Pres tons cabin and called around for tom I 1 went to detries tries cabin and called for he answered and wanted to know what I 1 wanted and J said I 1 understand that you have shot he said if you come near here ill afoot you too I 1 said I 1 was sorry it had come to that and said he he was d anglad of ir all three defendants were armed with ariale a shotgun and a pistol I 1 went around to the southeast corner of th ehouse and saw lying handa cn his stomach his vest and pants were open so that his stomach was bare f told that never opened his clothes him mil after ba 1 heart trent having said he must have opened his clothes himself ahe liht g was shot all to pieces A side which I 1 gave to mr earl 1 examined the pistol and said tom had never shot and said no he never shot eaid my god he was dose hy me hen I 1 shot him I 1 picked up the quilt on the trail there waa a hat by it and a pistol the body was buried before the inquest there were thirteen buck shots on tho left hand side and they sloped down to mr dickson I 1 did not testify at the former trial that the hammer was directly over an empty shell court at this stage adjourned until this morning at 10 trial waa in prepress pre press as we went to press the salt lake municipal central committee are busy organizing peoples baity clubs in evera school district what is the matter with provo following in the good work |