Show THE DEFENCE RESTS while the th proceeds with the rebuttal i VIEW UE mm ON tat cise 0 it seems that Wit lemas call Ds Ip Dearance that tr of ahe ht trial say last all As A court opened yesterday momir mornice 9 dr pike again took the stand in the dilton dillon murder trial and the crosa cross ex arni nation waa was resumed dr pike elated stated that the i llna ions la in epileptic insanity ing anity were of a different character than those in alcoholic insanity and the latter were transitory while tha the former ormer to a certain extent retained a constant subject for the hallucination I 1 other symptoms ol 01 the two forms of insanity and their differences were explained in detail when brought down to the time of the shooting and aska whether if a man had baen been out all night and on reaching the broom hotel would know it was tha the place where be he stayed and invite a friend to drink and tell him not to take whiskey ke and syrup bat but take wine and I 1 then than drink the party with him would notice anything wrong the doctor stated that it 11 the friend was acquainted quain ted with the man in his normal condition he would very likely note something wrong pathology be he said was still in its infancy and bad had n no 0 knowledge been obtained t a ined but little proof of the disease a epilepsy could be 13 secured after death even under a microscope microscopes in the brain As yet the diseases of the brain were a mooted question redirect re direct I 1 would not say that dillons Bil lons conduct after the shooting was that of remorse 50 per cent of the tragedies committed by insane outside of asylums are committed by the epileptic insane the witness finley described an epileptic be se zure in his testimony I 1 dont think from that that the fit was produced by alcoholism there is a great I 1 difference between delirium cremons tremens and alcoholism the former is the result of a continued debauch the latter the effects of continual conti cual drin drinking ilog without each such excess that the drinker loses control of himself to the court counti I 1 have met many cases where parties were subject to epileptic fits at times darick the in of which however they were war e able to transact their business as well as any sane man of similar abilities J edward davenport was sworn he testified I 1 was on the police force in january last know dillon saw him twice on the night of tha the sh shoot dot ing the first time at and the second at 4 tn in the borni morning ng he was apparently sober saw him a co couple u ale of days before when he seemed bober co ber cross examined I 1 saw dillon in the royal exchange the first time that morning had not seeri seen him drink and he did not seem to be under berthe the influence floence in of liquor when I 1 saw him two days before be he was drinking and treating in ponder pander ft 4 coneys saloon be he seemed sober it is my business myda my duty to visit the saloons and see that there is no disturbance tur bance mr allison yon you bay say it is your duty to visit the saloons davenport daven port yes sir air mr allison it is your duty daty to close the saloons at that time in the morning aning is it not davenport yes sir mr A allison r 1130 did you close it davenport dav on rt no sir mr allison then you par per form your duty did you davenport no sir mr allison thais all the defence rested it was 1150 and mr allison asked tor for recess in order to get got hia his rebutting testimony ready the defence though willing to extend all the courtesies courte elas possible thought the trial bad had been prolonged already and it ought to proceed the court slated stated that mr varian bad promised to be up and had be he kept bis his promise as be he should have done there would have been no re reabon a eon for tho the recess As it stood the prosecution being alone there was no help for it recess was taken till 2 p in mr allison was sa asked k eol b by t the 1 e d defence how bow long he would of t be i in presenting bis his rebutting testimony he ile answered aa A day or perhaps a day half I 1 and a at the afternoon session passion mr varian was present the prosecution called dr foster he restated stated that he bad had not read the hypothetical question quest ion presented by mr air powers before be he went on the stand and did not suggest any changes in the question officer 11 0 hansan hanson was called he ile testified the appearance of dillons Di llona condition at tae time of bis his arrest by me was that of one under the iti influence fluence of liquor I 1 took him to therall the jail all I 1 should say be he was very mach much under the influence of liquor for I 1 bad had to assist him I 1 turned dillon pillon over to jailor tackett cross examined I 1 had not seen the defendant at all prior to the shooting I 1 did n not ot see him drink anything I 1 have seen patients euf suf twine from a kind of fit but cannot eay say whether it was epilepsy dillon was unable to walk straight I 1 heard the testimony of phillips and mountain that dillon could walk all right dillon could not walk without stagger ing I 1 did not see him stagger in the barroom I 1 bad to pull him off tha the body of bell I 1 bad to keep hold it ot of him I 1 just held hold on to him as I 1 would on any other prisoner L W tackett testified I 1 live in ogden have lived here fourteen years am on the merchants patrol or watching stores at night I 1 wa was jailor on tho regular police force for or two years was jailor in a jan n 1189 1801 have bad had with drunken men while I 1 was j billor allor I 1 know 51 W dillon I 1 remember bis his being brought to city jail by officer haneon hanson he be was not in shape to have any con aa as be was mumbling and aked asked what be was brought to jail ja rion for he was intoxicated haneon hanson and I 1 held him op up while I 1 searched him because be he staggered I 1 said he was drunk from hta his staggering tag gering and I 1 smelled the liquor and his general appearance was that of a drunken man I 1 laid him down on a mattre aas aa and left him in his cell at noon be he was still lying on the bed I 1 was not there when be he got up examined examine dI bad had never neve r seen dillon under the influence of liquor before as I 1 bad had never seen him before haneon hanson stated in the presence of dillon what be he was brought there for or I 1 saw nothing in dillons llona Di eyes any more than in the eyes of a any n y ordinary man under the influence int luence nce of liquor I 1 waa was relieved at 9 when baxter baxter took my place I 1 never saw a man under any form of epilepsy except as in a fit II 11 M barows ba rows testified I 1 live tn ta ogden have lived hero 10 years I 1 was lor for nine years a back driver I 1 I 1 e was here in jan 1890 and drove hack then I 1 was at broom hotel the morning ot of the killing and saw dillon io in the bar room oi of the hotel jack phillips carl mitchell Mil chell and myself were there I 1 did not eee see mountain there dillon waa was standing anding Bt at the bar mitchell bell was wag behind the bar when i f entered the bar room dillon had borne some money mousy in hia his hand borne some in greenback greenbacks green backs s and he had two bills that were torn in n two and was trying to fix them mitchell Ml told him to give them to him and he would fir fix them dillon said all right I 1 know when I 1 am in a square house take them and fix fit them dillon gave them to mitchell and he e pinned one ot of them together and asked phillips for a pin mitchell rolled the torn ona one in the pinned one and gave them to dillon I 1 went 0 oat at and went around in into to the hotel wh where ere I 1 beard heard the crash in the bar room I 1 stood within four feet of 0 dil dillon on w when e n this took place and I 1 thought be was drunk fighting drunk I 1 nay this from rom the way he talked and bis his appearance generally tene rally staggering a little and bis his tongue was a little thick dillon said good all right when mitchell gave him the money he put the money in hia his pocket cross examined I 1 think I 1 have stated all that I 1 beard heard or observed I 1 was attracted into the bar by loud load talking dillon was talking loud load be he was talking at the time I 1 entera entered the door about some women I 1 did not go in to get a drink I 1 sometimes take a drink I 1 never drink in a bar room I 1 did not see dillon quarreling or attempting to quarrel with anyone I 1 have not seen a man dufferin Buff erin from epilepsy J 0 grobaty testified I 1 live in ogden am porter at reed hotel prior to july 4 tb th I 1 was at one time night clerk in jan 1891 at the broom hotel I 1 was there when slit mit clell cell was shot I 1 was at work the evening prior to the shooting and knew dillon ten days or two weeks at the broom hotel while he be was stopping there I 1 never saw dillon drink at the hotel bar I 1 have seen him go in there I 1 saw billon dillon between 12 and 1 1 the night before the killing on south washington avenue when a church burnt down be was standing beside a back dillon spoke to me and asked me if it I 1 did not want to ride bick back with him I 1 accepted the invitation and rode back to the broom hotel with him I 1 ot out of the hack back and I 1 asked dillon ff t be he go in and go to bed he said no be he would go down the street for or a while dillon was not intoxicated but from his queer remarks I 1 formed the opinion that be he bad been drinking bat but not to excess be noted meted differently from a sober man men dillon seemed lively talked a gool deal go to bed I 1 cant remember what be he said that was the last I 1 saw of dillon that night I 1 say saw him drunk two or three days prior to the shooting be he staid out most always late and would not come in iii till nearly morning sometimes BOtne imea as late as 6 I 1 put dillon to bed with the abe assistance of the porter at one time and several times I 1 cent sent the porter to put him to bed when he be seamed seemed under the influence of liquor he auld w mid stagger and go to sleep sloop in the hotel office I 1 talked at different times with dillon in the evenings evening when he was sober be he was an entirely different man on these occasions he was gentlemanly tle and sociable when he was drunk he have much to say bay would generally come in inaam and sit down and go to sleep in his chair there was nothing in the nature of our conversation which attracted my attention cross examined never held any long conversations with him I 1 am un an abcejo eay say bow how many times I 1 talked with dillon probably never talked with him more than four or five times outside of passing the time of day with him it was not every morning that dillon came in at 3 he be was in a stupid dazed condition I 1 saw dillon the day he had bis his bead head hurt I 1 I 1 thought he was under tinder the influence c of A liquor ke ro directs 1 went at tip to dillons room the we day brought him to the bouee house be he was lying in the bed with a cloth around bis his bead head be he was aws awake ke lying with bis his clothes on 11 r palmer was in the room it was only a few days before the shooting sheriff G it belnap testified I 1 am sheriff of ibis mis county and was such in january 1891 I 1 was called u upon as sheriff I 1 la a regard to the shooting irn g I 1 saw dillon the day of the shooting at the city jail late in the A afternoon not tar far from 5 that was a the first time I 1 had ever seen the a defendant I 1 took him to the depot on the way dillon asked me I 1 who is that ahead I 1 dont want you to pay attention to me but dont get hurt yourself as we drew closer to car brown who waa was ahead shead dillon said he calculated to give mrs mitchell and the children part of bis his property we were not at the depot long I 1 dont remember what was said I 1 turned dillon over to mr gill and mr corey who took him on to salt lake like city albert sad bad testified I 1 live in enog og den have lived here 12 years am in in real estate and banking business I 1 am interested in the citizens bank I 1 know dillon the defendant met him in ogden last january met him first fleetin in 1986 isskin in rawlins lUw lins when when I 1 met him bion first last january I 1 met him on the street several times two days be fore the shooting I 1 met him in the royal exchange saloon he was talking to the barend bartender ba tender e r I 1 left before dillon I 1 dropped 1 in a to get a cigar i dillon asked me to drink and I 1 took a C cigar igar while dillon took champagne he again ailred me to drink and f I 1 took baer dillon taking wine I 1 treated and dillon again took cha champagne Ln that was the lasi ism drink then mr gearge george lewie lewis james harriage ton george li la blanche and george mckinney came in I 1 invited invite d them to take a drink and eo so did dillon dillon dilion took champagne this was the fourth round when the bartender was pouring out the wine lewis made are a remark markin in regard to bob master bona sons fine flue work as sheriff in kansas dillon replied that if anyone said to be was fas a liar I 1 stepped towards the front door the barkeeper protested against any trouble in the house afterwards alter warJa I 1 I 1 went back adlon was sti still 11 there I 1 oni only stayed a minute I 1 did no not tone see mr air D dillon et aw on oa do 0 anything after I 1 left dillon met me and walked around to the atlas barroom on washington I 1 went into the atlas and took a drink with dillon he drank chamagne I 1 was with him about an cagne our and and dillon drank and talked I 1 dont remember what be he did say as its he lie talked in a low tune he talked a good deal bat but no one cluid could hear bear what be had to eay say should eay say that dillon was not very full that night might I 1 went oat out to go home and dillon followed me out and we walked around to the broom hotel dillon went and I 1 went home thia this waa was two nights prior to the geo goo mckenny v 1 I 1 live in ogden I 1 was here in january 1891 and knew know defendant dillon by bight eight I 1 saw him once in january last in the royal exchange baloon saloon two or three days before the shooting mr bad data IN dillon 10 n and the barkeeper were taking a drink when four of us went in sad bad asked ua us to drink I 1 caw saw dillon drink 0 I 1 I 1 mr le lewis w iskades made a remark and dillon took some exceptions to it I 1 said to mr lewis look out jim hes bes got a gun I 1 could eee see the can gan ia in dillons Di llona outside overcoat pocket dillon straightened up against the bar aa as though to g get a t hia Is gun I 1 left soon alter after cross examined dillon had a discoloration about his eye it bad been hurt wm wn robinson called and testified my name is wm robinson I 1 live in ogden was here last januar january I 1 know dillon by eight I 1 saw ahlner him here lat last january I 1 saw him first two days before the killing of mitchell it w was as about 3 sunday morning prior to the killing I 1 saw him I 1 in fender pender coneys falcon saloon on twenty fifth between washington and grant dillon wag was there when I 1 went in to I 1 went in with goo light and I 1 f offered to bay buy a drink and dillon said no yon you dr drink I 1 a k w with jakou me I 1 shower answer back I 1 tried to hamor him I 1 thought he was drunk and I 1 want went to have trouble we drank and dillon drank champagne I 1 asked him to have a cigar with me and be he said sald nobou 0 1 drink with you ion after farther talk I 1 eaid said ill bid you good he held on to my baud hand and called me by an abusive name dillon leaned u up P against the bar and I 1 saw the flash of bis his gun on the right band hand side in a pocket I 1 bit hit him with my left hand in the face and knocked him down I 1 hit him and kicked hl him m a c couple 0 1 1 ale of times and left him alyin izo n t b e floor dillon was drunk I 1 judged so to from his actions io in |