| Show THE PROVO MURDER CASE In the District Court at Provo on Monday Septem er 30 Isaac Preston was crossed examined by Mr son Dick Dick Dick- DickRon Dickson son Ron and said First said First learned of Treffie s patent on part of the land he fenced after the killing commenced cutting hay on land about July on the started hauling it had loaded one load when the boys cut the fence and came in into to haul hay no remarks passed between them both parties had guns my wife wire was along with him to hold hola his gun while he be loaded hay saw the going off about dusk had no understand understand- understanding understanding ing that they were to be at the cabin that night did not know of Nokes being outside of his house until awakened by his wife Nokes came in and proposed ed they go down and get the horses The testimony of the witness at the ex- ex examination examination ex examination before the justice was read to contradict him here The impeachment of the witness was the object of Mr cross nation throughout Witness took his pi pistol tol from custom Nokes was waR about 25 yards ahead when witness stopped to spread the quilt Nokes was not so far from the cabin shots I came from the east side of th the cabin Nokes wore rubber overshoes Eliza A Preston was in the field with her husband hauling hay Hiram Carter Varter and her husband were there sa saw w the boys getting into the field they were ere at atthe atthe atthe the gap and armed Alex came ame into the field and soon after drew his gun and said You had better hetter get out of there witness hurried down into the field where her husband and Carl Carler er were Pres Pres- Preston Preston Preston ton haled Jed two loads of hay that day and the three Nokes had nothing to dp with the land laud defendants defendants defendants worked on the house that day my husband and the boy that was sleeping in the tent neap neM by h were the only men there Thomas N Nokes c came ame to our house that night ahou about t 11 o o'clock clock he spoke to the boy Car Car- Carter Carter Carter ter I awoke my husband and told him Tom was there he w was wan let in and got a 8 a drink of or water ater Tom said s he understood the Frenchmen had cut the fence and he was afraid his horses would get out be skull said he would go and sleep down in the trail trail and keep the horses back Nokes had overshoes on that night nigh he left his boots at our place because they were worn out he had sent for tor new boots and they came the Sun BUD Sunday Sunday day dRY after he was killed about five minutes after he went out I heard quite a volley of shots and my hue hus- husband hue band band came back we then took our things and left the house af- af after after ter I got out I heard a single sin sin- single sin single gle shot we started over to Smith Smiths Smith's Ranch it was moonlight and clouds clouds would sometimes sometime hide bide the moon we met two Indians on the way named Tintic and Nimrod their camp was not far away they went with us part of the way we talked about the shooting 3 examined Cross-examined by Mr Dickson- Dickson Dickson- Dickson Fhe rhe Indians we met had two pistols and a gun there was a spring near neer our house and Nokes knew where ere It was was and his only business seemed to be to get a drink of water and aDd to say that he was going to slee slee in Inthe the field near the trail my husband said Wait Walt a minute and I will wm go with you on the my nay bus m- band took a rifle down in the field I with him my husband was loading i in one part of the field and the Du- Du Dotries Du tries tries in another I don dont don't fc know whether Nokes was armed or not net not didn't t see my husband take a pistol but heard him say he had one Mr testified testified testified-I I re reside s sin in in Piute Pinto Valley Vaney Milford county on the night of July 20 1888 I met an Indian who first told me of of- the shooting I went and took a look for f the i-ho i body Rr rl I r called to n wt and he replied to come alone and with with- without without out arms he said if I went to look for the body they would shoot me too all aU three defendants were armed armed 4 about ac ar hour after sunrise I said d j I HI am going to hunt Nokee Nokee I i found him near the cabin c lying on his back there w was wasa a single bullet shot near his heart heart a shooter was lying near him he had thirteen in his a and his right leg was shot to pIm ee above the th e knee e there were no empty shells in the pistol T I said then Nokes never shot and Tre le said No he never sh shot t right after that tat Alex Aex said sald My God he was close to me when I shot sho him Treffie Treffle said Keep still I round a pistol quilt and u H hat not far away the pistol was also loaded all around At pm the jury took a walk On Tuesday October 1 Mr Bishop continued Treffie Treffle asked me if if there wasn't wasn t an empty shell shen In Inthe Inthe Inthe the pistol I saw no evidence of a struggle where the body lay I Cros examined Cross examined I I found an empty emp emp- empty empty ty shell in the pistol some time afterward the defendants when atthe at atthe atthe the cabin were prepared apparently appa nUy to o attack any anyone one who came Albert Carl Cad testified testified testified-I I was waa at t home till 12 o'clock o clock the night of the he thes s of July 1888 when I was WIllI w awakened by preston just daylight we Bishop came out and met wt u u the y r t andante were all there I looked It iii Athe the cabin and there was just b floor for them to make a bed a about out two hours after going ate re I saw the body of Nokes the were all armed I said I sd heard beard of the shooting and came cameto camel n to look Jook for the body e asid when other parties came we r-J r look for it he made no nol feats to me there was but little littler conversation aon venation about the killing we wel Viand the body near the on n its back straight out he had f overalls on oo his pistol was lying on r JW left side it was clean his hands f face were covered with dust f 1 when we went to look for the body said it was not necessary to tog for it it was there p lames Junes Preston testified testified-I testified I live in Valle Valley VaHey near the scene of the trouble uble in Tune June une before the shoot- shoot tag mg I I heard Treffle Treffie say in ine lie e presence of Alex A lex that he had rice in the matter and said hent he nt to kill both of them and Jd Id use the shot gun law Alex Alexi I am sorry I did not kill hill the theor theer or one when I had him up the ipek r T mil 1 1 Alonzo Lyman of Fillmore test test- l bled I I know the defendants I was tt Bent mt at a conversation at before the shooting and when Alex Raid Mid he lie had laid in the b gash waiting for Preston to come Ia sight ight ight that he might mi ht blow him p t tIt It A The following witnesses were mined Wise Cropper R B S Bridges D C Reed cb b of whom had either examined the body or heard con con- con 6 EODS by the defendants which h i the prosecution considered of importance im- im r nce r v At S o'clock o clock the prosecution rested w N 4 A the close of our report 0 of the thes s Ins ings in the court at Provo on ona day rue q y October 1 Jerry a L one one of the defendants testified testified- testified Was Wa farming for the boys in atone at one o time while working ona on a butrie ditch Preston came and x d Ill have the water if I have fo ill both bothof of the French s s- of b- b bIn b y in 1888 I was working forthe for the Cb in July Alex put up a ari 1910 fY ri bin in Apri I was also there i Glen Uen and bel helped ped him I worked there here in April about three weeks pT while bIle there I slept with and then the house was furnished and I slept in it in July when I i- i Went eat back to work for them I helped f handle ladle the hay bay on the we han han- died five JIve loads I saw his wife about about about- noon they Preston and wife had had soar arms Alex went up to his cabin lid and said he found Mrs Preston Preston Preston- there we slept in Alexs Alex's cabin bin that bat night we slept together Alex AJeL and I Treffle went h home me boat sundown I went to sleep and andIn andin andIn In the night Alex waked me and andI andt J I w a man on horseback going going down down the trail after he had gone by I byI fell feU a asleep leep again and Alex waked me me once more mOle I saw two men close b together gather ther one had a blanket on him and and aDd I thought one oue was an au Indian E the trail and came close to the theT daftly 1 I saw the pistol slung they t 12 abd and Nokes es fi fired red a shot The TheW her ere e Illustrated d his hs t t I mony y rey with dramatic gestures I turned Ire re- re returned returned turned the shot then Alex fired twice I said Dont bont fire again he heis heis is down Nokes said Boys fetch me some water but hut I saw his pistol slung and dared not go gl I heard an I Indian yell and said Iguess I 1 guess we have got to die tonight we went to Treffle's cabin and got him and then we came hack back to the cabin in the morning Bishop Earl Earland Earland Earland and Lyman came we went out outto outto outto 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 Carter's in a day or two afterward I said Your partners partner's gone and and he came to shoot Alex in bed and a man who do that ought to be roasted I dIdn't make the remarks Mrs Carter Car Carter Carter ter said I did no one ever touched the body after it was shot till tin the morning when Bishop cam came it lay right where it was killed I never said Id I'd have got Preston if he hadn't run examined Cross-examined by Mr Varian Varian- Varian He detailed his early history and furnished his pedigree from way hack Alex was pretty mad about the water in the fall faB of 1887 he called Preston a pilgrim but used no hard namest names on the of April 1888 when 1 I was going to the canyon I Imet Imet met Preston and another man com com- coming coming coming ing on horseback toward me the themen themen themen men were armed and stopped me ine and asked me in a gruff way where I Iwas Iwas Iwas was going and where the French French- Frenchmen Frenchmen Frenchmen men were Witness tongue ran rail like a flutter wheel and it took Mr Varian all his time to shut h m off and keep him in inline line When we went down in the field on the Alex and Treffle Treffie had agun a gun each I had nothing but a pitchfork when we W went Dt to fix up the cabin the boys took tw tw- guns and a pistol yes two pistols that morning Treffle Treffie said Well go down today and sleep in inthe inthe the house Alex wanted to go to secure th the land we didn't go down with arms armA to hold the place At this point court adjourned On Wednesday October Jerry was again put on the stand for examination cross-examination in the murder trial he said he did not re- re recognize recognize re recognize cognize in the horseman who rode past pMt the cabin before the shooting di did not hear the men on foot as they came back it was light at the time but one could not see set allover all allover allover over the room as came to the corner he lie jumped in front of the door shot jumped back and received ved the shots from three e shots shot when Lyman came Treffie told him to go for witnesses witness was waR excited throughout Bishop picked up the quilt about 60 feet from the pistol Mr Bishop turned the cylinder er of the pistol as ashe ashe ashe he picked it up Tn skipping kipping from point to point the witness became considerably considerably Lyman mixed Alonzo Lyman 1 Jyman The brush would have been broken down by laying a body down as well as by bya bya a man mall falling down the body was flat on its hack back hands crossed creased n breast witness was called out at 12 o'clock at night by Treffle and over to see the body d defend ants explained what had been done and W was wa wanted to f look at the body go for a horse and see Joe Carter they wanted him as 88 asa I a witness too Carter couldn't come I to told d Ike Preston the French French- Frenchmen Frenchmen men were moving molTing into their cabin j the Frenchmen told him of the days day's trouble and that they were I going to move into the house and hold the land after the killing wit wit- witness witness witness ness was shown the tracks said to toj tobe tobe j 1 be made by Nokee N okes witness poi pointed out on the map to Mr Varian the positions of the tracks as explained to him was present a few days be- be before be before fore when Preston had challenged Treffle to fight and aud Treffle would not do it Alex testified testified-In testified In June I told Nokes to take his horses out of the field as I wanted to cut the hay bay Lyman replied that he would kill kul all of us if I d drove rove the horses out on the of July I told Lyman that on the night of the 3rd I went out to see who it was driving the cattle I Isaid Isaid I said I was in the grass did not say I laid in wait for Preston or that if r he had come come ome in sight Id I'd have fixed him examined Cross-examined by Mr Varian Varian- Varian It was June when I notified Lyman to take his horses out th they y had been running there for a year before I told him to take them out I was talking to both Nokes Noes and Preston after that Nokes struck me in the face I didn't resent it I told him j it was all right I wasn't in- in intending intending in intending tending to get even with him I was j mad have lived in this country since 1882 I 1 talk French with my myown myown own people but do my ordinary r business in English I have been in inthe inthe J the penitentiary over a year on July 19 we both claimed the theland land Preston and I I dont don't know how many times I fired the gun was loaded with buckshot it was mixed I there re were one or two dragoon pis pie pistol pistol t tol balls in the gun gUD we oaly oldy had the two guns and a pistol Aaron Carter the boy l oy who was 1 in Preston's tent was Heard called called L Nokes say that if the Frenchmen got any more hay he havE their lives and ami much of a character like what had preceded Treffle after describing in detail the maps and diagrams gave an- an autobiography of his life and finally came down to July 20 1888 the fatal day We were all aU armed in the field that day I stayed at myown my myown own place Mr Lyman and his Ius wife also stayed there about 4 o'clock I wa awakened by he said Treffie Treffle get up Nokes has been shot Lyman and I went with him when we got up there I couldn't see the body hody Bishop came and called caned to me and asked for Tom Nokes Nokee no one had been to the body during this time I told Bishop to look at ther the r tracks he said D the tracks I want to find Tom Nokes I might have said No he never shot shot but I 1 did not mean it the blood ran from the body when we picked it up I left the cabin rabin at that time on the way to Deseret we ate ale 1 dinner at Mrs Carters Carter's but didn didn't il kA kAsay say what Mrs Carter says Witness denied making any threats to or against Preston or Nokes before the f shooting I saw tracks of overshoes f near the house before we took up upi i the body the ground was disturbed about the Preston told in inthe inthe body me i the spring of 1888 that if I took more water he would kill me he said he her her f r r I would drag us as he be had bad dragged Lew Sampson this was waa in 1886 i Alex didn't didn t say to James Preston It I am sorry I didn't didn kin kill the other when I had him up the creek OTHER BUSINESS At 3 o'clock o clock the grand jury re- re reported re reported po ported having ignored two charges t brought before thorn thom under the laws 7 of the Territory They had bd heard it sll 11 the witnesses brought before them and had no further business w just |
