Show THE DUDLEY proceedings tuesday afternoon after recess moroni skeen wm ii L stewart wd and john wadman were recalled and testified consecutively the first that the direction of the balls was upward and that the body was searched for firearms and none found the second that he had the pistol with which the steen steer was killed and that dudley gave it to him yesterday mornings morning the the thy pistol was here produced the third testified that he went to jray raymonds after he had been beer at spiers and on knocking and being asked I 1 I 1 whoa there said its me mo s he had not seen his brother then and did not know he was dead until two hours later cross examined mrs spiers told me my brother had been ab shot ot but did not tell me to go for a doc tor I 1 went to spencer Bs and asked for joa joe dudley I 1 then went to old man raymonds did notsie not nol beb see the body then though I 1 must musi have heard noone no one around the body nephi stephens was at al old man raymonds and he told me my brother wab waa dead I 1 saw the corpse about three minutes before the they y carried it away THOMAS THOMIS II 11 BULLOCK BULLOM examined the body baw saw the wounds in the mouth baw saw the burned powder inside none of the front teeth were out judge van zile then wanted the case postponed until spencer raymond could be found judge emerson said he could not do it unless tho the district attorney would be set t some time judge tilford said they could take all the time they wished to get him judge emerson offered to postpone the trial until wednesday after afternoon noon Jud judge geVan van vau zile wanted to introduce the testimony of spencer raymond as given benore before the coro coroners nees inquest and before the grand lury jury desense objected van zile then said he would zest rest his case leaving it to the discretion of the court to admit rsymond raymonds s testimony when found judge allford Tl lford previous t to 0 the prosecutions closing moved that they be compelled to bring mrs raymond on the standy stand as she was in the house at the time of the homicide and it was the duty of the prosecution to bring all witnesses into court cognizant of the matter judge emerson overruled the motion defense excepted F FB S richards esq for the de tenso tense then stated the ease case to the jury as follows gentlemen of the jury you have heard heart the testimony in this case for the prosecution and it now becomes my may duty to open to you ou the defense the killin killing of the deceased henry wadman by the defendant defendants joseph dudley at the time and place charged in thein the in is conceded but we ahall prove to you conclusively that this killing was done in belf self de bense we shall show you by competent evidence that the life of this defendant was threatened repeatedly by the deceased not only to other individuals who communicated those threats to him but bat also to himself perso personally nall nali y we shall also show you that for five years preceding this homicide a criminal intimacy had existed between the decease deceased dand and the wife of the defendant that the BO so enamored of mrs dudley and so determined to have her to use the language a of some of he the witnesses that he be had already deflected a separation had caused her hen to leave jerhome her hen home and husband and move to the home of her father that he was BO so determined to possess this woman th that at be he would even sacrifice the life ilfe of the defendant if need be to get her the defendant had no knowledge not even a suspicion of the criminality existing between these two parties par lles lies or impropriety until after his hia wife had left the pretext that she had made for leaving was so frivolous BO so unsatisfactory to him and his love for her was so great that ho he desired a reconciliation and the deceased fearing it would take place and in order to prevent it went to this defendant and gave him the first intimation ti that he ever had of this illicit intercourse he said to the defendant your wife hadnot has not been true joyous to you and I 1 am the father of bf all her children of course the defendant did not and could not believe this innocence gentlemen la Is ever unsuspecting he had been true to his wife and he i could not bellove believe that she had b been e en untrue to him but after they had separated and as he thought more about it a dreadful fear came upon him that perhaps there might be some truth in it and that fear feat grew upon him until finally in order that he might know whether thia this was a foul glander gland eland eror or he had indeed been so basely betrayed he went from plain city to draper some seventy miles to see his hia wife and learn from her whether or not this thia charge was true he reached draper the next day af after atter ter the burial of one of his children and there gentlemen of the tho jury by that little new made grave graves ho he learned from his hia wife the story of her fall she also told him before they separated that the deceased had preceded him to draper diaper that he had told herall herail her all nil that he lad bad had related to the defendant and that thab he had further sald said that ho he would prevent her husband from going to draper and telling the story of her shame to her parents and relatives even if he should have to hill dimand him and bury him in the sand this statement of his wife repentant as bhe she th then theu en was in that hour of their ann aff littion affliction and bereavement the tha time above all others when remorse comes to the sinning soul mado made mado a deep impression pre salon upon this defendant his love for her was not dead there was a spark remaining which he felt fanned by sorrow borrow into a burning in 9 flame and the love of his youth was revived and intensified he was undecided what to do should he take her back could a reconciliation cil cli lation take place or must he cast her away in this dreadful state of uncertainty he returned to ogden when he reached there he met the deceased who inquired what hla hia wife had said about frand irand what she had told him now gentlemen if there had been twe the malice mailee in this manthai man that is claimed here if there had been murder in hib bis heart be he would then have reeked his vengeance upon the tha deceased but nohe noho no ho hadano had bad no such design he told him to keep away not to cross his threshold nor interfere with his hia family and that he would never harm him they met at other times before the homicide always on friendly terms for the defendant way was still wavering in hia mind and undecided whether or not he could take back to his bosom the erring wife he yet loved hence he did not desire to proclaim upon the housetops her shame and degradation we will also prove to you gentlemen of the jury that about the time of the separation of mrs dudley from her husband the deceased borrowed a pistol and that he had that pistol in his possession until the time ol 01 his death that it was returned to the owner some days after his decease we will show you that he had a pistol on the very day of the homicide aye late in the day and even at the very time of his death and now gentlemen become we come to what occurred on that eventful evening we shall show you that the deceased went to the tho house of mr raymond at a late hour after dark he went in and sat eat down with the defendant and others after a few minutes conversation he got up and beckoned the defendant to follow him out he did so the decenco decease led the way through the door and along the south side of me the house until he got in front of the window when stopping suddenly and turning around facing the defendant fen dant he put his hand back as if to draw hla hia pistol and abruptly said take it back by god or ill blow your d d brains outi on hearing this his exclamation the defendant immediately struck the deceased with a whip which he hadin had in his hand and cried help mur deil dell they clinched and after struggling some time the desen deson dant succeeded in getting hold with his left hand band ot of the right wrist of the deceased who was all the time struggling to get got his pistol while this struggle was going on the recollection I 1 of all the injury and desolation which had resulted to the defendant in consequence of the damnable conduct of this man came rushing into his mind and ho he realized with what a desperate character he was dealing a man that had betrayed his trust dishonored his hia friend and desecrated the sacred name of wife who when left in charge ol 07 his empl empi employers employ oyei eib elb eis a property and as the protector of his family demon like destroyed the purity of that bauo tury remembering these things and the many threats that had been made against his life and the last threat the very last words that the deceased had uttered still ringing in his ears take it hack back by god or oi ill blow biow conr d d dj brains out not knowing what he fil e was BO so rudely asked to retract the defendant feeling that his life was in imin imminent in peril and believing that the only way to save himself was to blay alay the man who had bad uttered these threats and who was then and there struggling with all his might to reach the deadly weapon with which to execute upon him the threat ho he had lust just made I 1 say aay under these circumstances gentlemen with no other motive and for no other purpose than to bave eave his own life this defendant llred fired the fatal allots shots gentlemen of the jury when we nye have proven these facts as ive we certainly shall shail do then we shall confidently ask oi of you in the tho conscientious discharge of your solemn obligations aej as jurors brors in vindication oi ot public justice and as a matter of right and equi equity to the tho defendant a verdict of acquittal acquit al thia this address was followed by the introduction of testimony for the defense the first witness being MRS many MAHY baymond am wife of spencer raymond was at home the night of the billing they had been flitting ja a few moments when wadman got up and beckoned uncle joe dudley to follow him my husband hati had gone out for w wood and came iny ins in meeting them wad man went out and dudley followed him I 1 was at the window with a light I 1 heard the words take it back by god or ill shoot your d d brains out it was wad mans voice scuffling followed then three shots I 1 said run spencer they are killing uncle joe my husband and stephens ran out soon afterward uncle joe came in he baid said wildly by god I 1 did this in self defense come quick ill give myself up my husband then went out with him I 1 heard voices at the body soon afterward some one knocked stephens stephen s asked who it wasand aasand the voice said baid at d its me joe soo dudley wab was then asked for soon eoon af afterward we went to my father inlaw in law john wadman came there after I 1 got there henryhand henry had on brown browa overalls and a blue jumper he throw his arms back to stretch and I 1 saw a nip hip pocket in his ove overall ralles and t the he snape of a pistol jn in it I 1 kaw henry the sunday before he was talking to my uncle about a horse trade 1 I 11 have ave seen henry carry a pistol frequent ly the day of the killing my i husband and uncle went down to the river for wood past Wad mans place joe had bad a whip in bla hia hand band he went vent down to draper 10 days before the killing 0 he got a p pistol after his return from draper cju before tb that at I 1 never knew b him I 1 m to carry one the light from the window shone right where the body lay cross examined I 1 heard no more than I 1 have told 1 I 1 have never heard an account of the killing dudley has never nover said baid a word about it in my hearing and I 1 have never mentioned it to him my husband is at bound valley or 01 snake river elver have not heard a word from him he left about six weeks ago he intended to go to snake river juver before this affair took place EDMUND ELLSWORTH knew know dudley and wadman saw wadman at Dud leys one day he was helping to move furniture was go to had bad a pistol and showed it to me I 1 1 saw him the morning of the day he was killed asked him why he had told dudley I 1 had spoken disrespectfully respect trully of his hia wife he said sald he had not I 1 told him dudly said go so he said if dudley said so he is a G d d d liar agu apu and d ill make him t ke it back baid bald 8 aid ald he had something to do or he would see him that day I 1 said dudley was going to take tahe his wife back wadman said he dud dad dudley ley never should by god asked him what ho he meant he said well hell never take her back helped him to catch a steer haw baw something shaped like a pistol in hla hia hip pocket I 1 left him about 1 the pistol was about five live or six inches long cross examined the steer got mad wadman threatened to shoot it I 1 said ayou you had better get something to shoot with first he e then showed me the pistol A man could be killed with it this was three or four weeks before therill the killing joes wife had then been gone about 10 days live at west weber the day of the killing billing I 1 saw what resembled a pistol vad mAnsis hip pocket proceedings dings wednesday morning hirs SIRS RAYMOND was recalled for further cross exa mi nation mr wadman and dudley started onn off alone in a wagon but came camo back in ea a few minutes they went south and were gone trot over five minutes af after ter ten coming back they sat in the wagon and talked a few minu minutes thin tEin then dudley came in and got ready leady for dinner and wadman went wenta across cros eros the road after dinner uncle joe dudley went wept out and he be and wadman stood talking I 1 saw no moril of them thein that day they did not go away together they talked together og ether about an hour and then Uncle toe joe joe Too came camo in the house bouse as far as I 1 know home he was wit with h harry rry wadman all the time he was out I 1 do not remember seeing them together again until monday night they were raymondd not together over at sister raymonda raymonds on uhe the previous thursday harry came to our house and bent cent for joe jpe joe came over and the two went out by the stable and stood talking there until after dark on that occasion they were together for over an hour I 1 should think harry did not come in I 1 saw them together friday morning when they started for willow creek they came back together rather late in the afternoon harry stopped and talked a few minutes not over half an hour uncle joe came in did the chores and stayed at my house that evening do not know whether harry came back that evening saw them together next on sunday they were together a good deal do not know of any business transacted on these occasions except that they were trying to arrange a horse trade do not know what they talked about at these meetings which were dut out ef of dorb doore redirect re be direct joes father and brother lived on willow creek I 1 saw sav uuele uncle joe and harry return from willow creek together herr hers but do not know where harry went ED ELLSWORTH was called for further farther cross egami nation I 1 asked wadman what I 1 had told him disrespectful to wife he said I 1 never hald eaid anything dlf dif respectful disrespectful ot of ker kir ber her he fl said dudley had said he wadman llad had baid said ay so and was ag a G d d n jian liar dudley had bad asked me about it and claimed clai cial medas aa hearing bearing from wadman that I 1 had bald said to him wadman mra dudley t was a loose character I 1 met wadman at his house this v wab waa as the day they had trouble with the steers and the day that harry was shot that was the time when he said he would make dudley take back what he bad said this was between twelve and one it was at the street bars bara a little south of and |