Show I 1 FIRST DISTRICT COURT the dillon murder trial drawing to 10 a close IS 13 BOW OX 01 THE STUD nil ills scoty serves sen to Corro birale the statement ot of OK his friends is no to t nil his periodical insanity 0 the dillon trial was resumed yes day AB As it is drawing to a close more interest la is being shown and all day yesterday the room was crowded with spectators wm win mountain afountain was recalled an attachment attach attachment Lent hiving having been served for or him which cost him ills testimony did not differ in any import ant particular from that given when pat on the stand by the prosecution the di discharge papers froal the army of M W dillon were next offered in evidence to show honorable discharge disc harga and the date be he left the army 1880 and part of the history of dillons Di llone life the prosecuting attorney objected because there was no claim that prior to dillon was all right and that papers dated 1880 1890 could not have any bearing ng on the case the papers were admitted to show the pimple simple tact fact of discharge joseph baxter jailor of the city fest testified ifie I 1 reside reside in ogden know al IV dillon first saw him on the I 1 morning of january last about one hour after the shoo shooting ing I 1 supposed be was asleep when anat I 1 SAW aw him after lunch be he called me for f drink of water be he asked me what be he was in I 1 for I 1 told him be he ought to know he bad had killed a man by fie vie name of mitchell bell dillon wanted to go and see the man mae he bad had killed to eee see if it be knew know ham he asked if be he bad had any family dillon looked like a man who bad had been on a protracted drunk he appeared unconscious of what be he had ad done one and from the way he looked be he seemed sincere dillon eald said tha thal it did not make much difference to him I 1 be he bad had bad had several ups and downs in I 1 life and when be came to make peace with bis his god he would eee see that that mans family bad had all of this I 1 worlds goods that were necessary nece gross cross examined I 1 old told dillen dillon that mitchell bell had a wife and children I 1 I 1 bare have been jailor at the city jail for two ye tears a rs and eighteen months I 1 see every ve r y one committed to laba jail I 1 am present at the hearing of all prisoners I 1 very frequently ancoin ter drunken men they are the commonest class of arif prisoners boners I 1 get ket I 1 am familiar with the appearance of drunken men I 1 saw dillon first at about 9 be he appeared to be asleep the first talk I 1 bad had was after lunch that day dillon had just go got up be he looked and acted somewhat strange as if it be he bad had been in a stupor I 1 can tell by a mans appearance when be he has had been on a spree I 1 noticed that appearance about Dil dillon lorl I 1 told dillon it would be dangerous to take him out to fee see Il itchell bell because there was some talk of lynching lunching lyn ching be he did not insist upon going after that he under stood but made no reply J W metcalf Met calt chief of police testified I 1 am city of ogden and chief of police I 1 know M W dilion saw him on the day mitchell was killed between 3 and 4 p in at the jill jail the preliminary bearing hearing bad been set for 4 p in and I 1 went into his cell call to make arrangements for a lawyer I 1 asked him if it be he was aware of what he had done I 1 told him that he had killed a man by the name of I 1 mitchell bell hek said it coull not be true as he did not know the man he impressed me as being sincere in his statement of having no knowledge of what he had done the cross examination elicited no further statements in relation to drunks and epileptic fits than those made by mr baxter L R rhodes testified I 1 live in ogdon ogden and am an attorney at law I 1 formerly lived in denver was district attorney for three years I 1 have met many people buffering suffering from insanity during that time I 1 never met at W dillon till the day of the shooting it was about 3 p in when a friend of his asked me to go to jail and see him in regard to his preliminary examination I 1 found dillon in ia a cell and ind was there alone with him I 1 undertook to talk with him bat but it Iti seemed impossible to do so from bis his condition it wag was some time before I 1 could get got any reply from him be he finally caught bold of my arm aud and asked me if it was true that tha the man was dead I 1 told him that there was wait a good deal of the town and that he had batter bettor go to salt lake for or examination be said he did not want went any the sooner be he waa was dead the better the eyes of theman the man dilated and heap be appeared wild as a crazy man so much BO so that I 1 was afraid of personal violence from hi him m I 1 remained in the cell five or ten minutes and his condition was such as I 1 have described my opinion was that the man was a lunatic at that time gross cross examined I 1 mean that be he bad had not control of bis his faculties and was wild be he did not appear afraid be he eaid said he did not want any defence the sooner he was dead the better I 1 dont claim to be a medical expert I 1 have met professionally many men and w women omen who were crazy have heard crazy people beg to be killed am familiar with drunken men have beard drunken men beg to be killed but thought that usually they were hunting buntin I 1 for 0 r some one to kill I 1 dillon did ad not present the appearance 0 ot having been on a long spree be he appeared to be crazy if I 1 heard that dillon bad had been on a spree I 1 should have tave thought certainly that bis his appearance was that of a crazy Y I 1 man never saw a man in similar condition to what dillon was who I 1 bad had been on an a long spree men on a a boree r e 0 differ tf n s I 1 U E ball bill testified I 1 reside la in rawlins have known 51 VV dillon since drice the winter ot of 1884 prior to the trouble with hla his wife and brogla brother er I 1 was interested with him in a co coal J bad charge rge of the mine this WAS WA after after fter the trouble trouble with his wife and brother dillon illon seldom cance came to the mt itne no hen ben be he did I 1 noticed that tha t be he did not want to come owing to visions and arrange eights sights of his brother dan once while we were down in the drift dur lampa lamps went ont out and ha he said lets get out of here there la is DAO dan and other people ople all about lela lets get got ont out ol 01 ee here I 1 have been in big his room when be he saw dan and others and would want me to help him stand them off ot be he was not intoxicated at those times big his eyes were wore sometimes peculiar lr they would woal dook look bright and selu ing and wild then I 1 let him alone he was at times absent minded and an natural I 1 made up mv in mind that at timea be waa was irrational irrational john war called and teai I ti miffed fred I 1 reside la to ogden aoi am a city councilman am associated with mr allison I 1 know M W dillon BW saw V 1 him in the atlas saloon the night be fore the aborting of mitchell from dp P in to 12 midnight be he was not drinking any liquor he he drank mineral water and lemon about a week before that time I 1 saw dilion dillon in the At atlas lashe be bad had a handkerchief tied over hl his eye e a and d bald said this seems the only ry p place 1 e im safe in town I 1 said why 1 he e said borne some of yon you are trying to do me up I 1 removed the ban handkerchief from his eye and boand tb there thereal ereal aa nothing the mattar be he said he know what he had bad the handkerchief on for he was not under the influence of liquor tho the night before the shooting cross oros examined I 1 can swear that dillon did not take any liquor in oar our bonee house how much he drank after 1230 1 cannot say I 1 met him first in march 1890 did not meet him from that time till he be came to ogden at the lime time of shooting dilion dillon was perfectly natural upon all other occasions so far as I 1 knew I 1 asked him where ho he was going that night be he said be he was going to bed Mall malichi chi IV dilion dillon defendant then took the stand and testified I 1 am the defendant was woo born in ireland my parents came with me to america but left me with my oldest brother when they returned in 1870 they came to wyoming in 1880 witness then pave gave an account of how he drifted west and what bis his occupation was until him parents reached in 1880 iia ile then conti continued n aed met them on the train at piercy I 1 went through the bat coald could not recognize my parents the conductor ductor told me who the passengers I 1 for or ft steele word a aid ad I 1 made myself known to tian my meaer reached up and called my name then fell fall right bjick bick in a fit with a little scream which I 1 hive have heard so often since my father c caught au her landa her teeth teet h around ground together lika like two stones she remained in convulsions for ten minutes and had fits afterward she was dazed and stupid until sometime after we reached ft steele at least an hour hia this was the first fit I 1 ever saw her have jave I 1 often saw my mother have ita fits after that she wai subject to them till ill she died cant remember what year my mother or father died I 1 remember the year of my marriage but cant place the date I 1 was in the saloon business when I 1 was married prior to marriage I 1 was tim temperate for a i number of years I 1 did not use tobacco until I 1 went into the saloon business alter after my marriage and up to 0 the time of my troa tron hie le I 1 drank nothing at all I 1 always spent my evenings evening at home I 1 dont think I 1 was ever out after 1030 as a rule I 1 went home at nt that ime time except maybe a monday or a friday night my relations with my wife daring during my courtship and up to the he time of my marriage were affa i ti onate we never had any trouble I 1 never suspected her fidelity I 1 remain ber erthe the prospectors kt trip p we were gone one about three wee weeks ar i the parting between myself and wife was affectionate ti she asked me not to stay long one when I 1 got back I 1 found out this trouble on a sunday evening a week after my return the court took recess until 2 rpm p in oa on resuming the session the defendant continued his testimony that evening I 1 left home to go to busness business iness she asked me if I 1 would return early and I 1 said I 1 would I 1 returned about 10 and heard the voices of herself and tw sisters I 1 thought I 1 would go down the cellar collar and frighten hem them so I 1 went down the cellar cell arunder under the he room where I 1 intended to strike on the floor tor for fun I 1 beard heard my wife accuse her sister of going into a caboose with some man she replied you had better be careful how you bring strange men into this house it ma made de me suddenly sick I 1 went up stairs and laid down on the lounge loung e as the sisters came out they asked me if I 1 was sick I 1 told them that I 1 did not feel well I 1 went to my cifes room where she was in bed and asked her who the man was she bad had brought to the bouse house she said 1 I will tell you if you will promise not to hurt me I 1 said I 1 have never hurt you yet she said pat dilion dillon had been there and she then confessed I 1 was suddenly stricken down at the idea of my brother having seduced my wife I 1 told her she had belter better go home to her mother I 1 went out to the saloon when I 1 met mr blydenburgh I 1 was lying on the pool or taro faro table and ana be he asked me what was the matter here witness corroborated mr bly deri burghs be testimony in this respect tie ile then related bis his trouble with bis his brother pat which led to the latter being shot and then continued I 1 was arrested immediately I 1 have seen been my brother pat once since on the day my father fattier died have never seen him since my wife went home to her mothers and anti left my house I 1 was subsequently divorced my health was good up to this timer time my brother pan dan died in silt salt lake I 1 sat eat up with him nights with a nurse except two nights I 1 did not drink enough to feel the effects of it at any time while nursing him there was a surgical operation from the effects of which he died I 1 saw the operation I 1 since the separation from my wife i I 1 have been in the saloon business except one year in 1889 that was the year my brother liau dan died since that time I 1 have often bad had peculiar trouble with my head and memory I 1 noticed them first after I 1 got hurt I 1 would feel as though my heart would stop beating I 1 could not sleep I 1 at always w a 78 felt that I 1 was in that dissecting room with my brother and I 1 felt as though be was always looking at me and as though I 1 ought to do something for him nearly every night I 1 felt the strange sensation about my heart these ceased entirely about a it month mouth ago until night before last when I 1 had another attack of it I 1 have hav abeen been troubled with al sleeplessness s to such an e extent that I 1 felt as if I 1 was going mad I 1 cant describe deec riba the sensation I 1 have often gone home nights and next day dy found myself on the table dext a the saloon a oon not knowing how I 1 got there this happened when I 1 bad had not been drinking drinkin at all I 1 have drunk drank when troubled trouble 1 I this way I 1 have often gone without liquor a month mouth or longer bat but have drunk more sauce dan died than then any other time never liked to eo go to the mine because I 1 thought I 1 could eee see dan there wa was troubled la in my room the same way and also since I 1 A have been ia in the penitentiary I 1 bad spelle of unconsciousness in ogden previous to this trouble one instance in patti particular cular I 1 went to my room in the broom and eat down to read a magazine the next I 1 remember I 1 found myself in bed with my head bead tied up and my body sore aa as if I 1 had bian kicked I 1 have no recollection ot of stopping stop reading I 1 was sober at the aline I 1 was with jack conway oa 03 the night before ba ore the shooting met him at t 7 p m and left him at 4 in ia the mra m rn ing I 1 told him I 1 expected to go to S ban F francisco ranc leco the next in morning to attend a hospital for my m Y head trouble after site r I 1 left him I 1 have hay eno no recollection till I 1 woke up in the this iii and saw the b bars are I 1 had found myself in DO so many pi places sees owing to my trouble that hat t I 1 just t thought bought marshal ba bad d put pat me we in I 1 a lor for eafe safe keeping for months month a I 1 thought I 1 was la in a brearn dream and would wake out of it sometime I 1 have no recollection whatever of being inthe lathe 0 broom hotel bar or meeting or mountain I 1 knew geo goo alit chell I 1 have taken a glass of whisky dozens of times and not remember having taken anything anything else yet I 1 would be told afterwards a that I 1 had drunk beer and wine and everything elee else cross examined witness again related the battles with which h be a engaged with the indians indiana at the lime time h be was in the army I 1 can not remember the date of my marriage yet all my troubles arose from my marriage it if I 1 been married I 1 be here now witness admitted be he w was a gambling considerably and that ia he ran a rambling house and then continued I 1 was perfectly sober w when hell I 1 eh shot my brother I 1 bad had no intention of shooting ng him till I 1 saw him I 1 thought he started to pull a gun and I 1 shot once or twice I 1 was angry at the time I 1 shot him we were reon on good terms prior to that time I 1 heard that be he was laying for me in a stable I 1 bad had made no threats about the matter am positive that I 1 bad had spoken to no one about it but to judge brown I 1 have often carried a gun butman but ft Is not ot my regular custom I 1 dont know where I 1 |