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At the time Chlpintin made tide heated remark he and his two employes, Brasher and McClure, sprang to- their fett, Cldpman throning hi* hands to hi* hip* In a defiant attitude. He was tmmed'aUly commanded by Dilley to keep his hands off his gun or that he wouM shoot him full of ho'cs. Disregarding this admonition, Chlpman continued holding his right hand at hla hip and to talk, defiantly.The testimony showed that the Mexican during the altercation had taken set ere) steps towards Dilley after being commanded by the latter to atop. The Mexican testified before Judge Singleton that he could net see from where btr stood whether Chlpman had a receiver or not Tht witness llrtsher testified that th» attitude of Chlpman, and the hating of his hand upon his hip where Dilley could see It, and the other attendant circumstances justified * DUIey In believing that Chlpman was about to take his life It appeared that after Chlpman had Been commanded to keep his hands off on gun that he perslr’ed far at least! two minutes and up to the time when! f bfe was shot In keeping his hands Upon hbhlps, apparently designing to Induce DHUy to believe that ne had a gun, nnd his converaitton fhowlng either that he had a gun or that he was running a bluff on Dilley, Thfc last words ever spoken bv Chlpman were those Immediately before he was shot, when he said to Dilley, according to the witness Brasher, Well, shoottU wj* argued by the counsel for the dcfenfAnt that these circumstance* and ff ch testified to by the state's wlt-n*eseu ’•ft no controverted Issue upon the question pf self-defense It was contfnd*d, first thaj Chlpmnn was the aggressor and - trespasser upon land of Dilley, and when called upon to explain his **«HRQn for trespassing that his language was IntuitIny and hts conduct nos menacing and defiant It at he and his employes otmultane-ously sprang to their feet In fighting attitude, and Chlpman, placing hlt;s hinds behind him while defying Dilley, gave the latter good reason to be-llev* that Ms life was greatly In danger, and that Chlpman Intended killing him That the failure of Chlpman when warned to kebp his hand off his gun io bring his bend* |n front cf him for the purpose of alhyfng the alarm which his act'ons had treated affcrdM full Justification for Dilley'* belief tht,*It was necessary that he shou'd take *he life of Chlpman to protect hi* own, A gnat many collateral Incidents were gone Into both by th* state and th? detenu**, with thee witnesses, but a’l of the testimony wan corroborative of the ecntent'on of the defense thht Id taking the Mfc of CMptnan the ppr*r-anccr Jest fled the belief of danger und ronscouent action on the part of Dilley taVn to protect his own life.In thl* connection It 1* a curious fact that while the ftate contended that Chlpman had no weapon upon hi* person and had only a rifle upon a horse, wh|**h wos several feet distant, that roee of t^e witnesses examined the bedv o* ^hlpman after hi* dfjoth and could not t -le positively whether he had * gun upon his person or not After thv inclusion of the state's* testimony irfnrk P. Brafiet of defend ints counsel made a motion embodying the above md numerous othef point*. and oht'nlrd In nn earnest aud convincing jtrgurreul thvt the state, by it* own testimony had conclusively established h'v justification under the law, and that the drfenlant should be discharged. Mr. Braftet cited numerousicuur 01 any resident Ot ini*state.Since Mr. Dilley came to Utah he nas on ono or two other occasions had some difficult*'' with fighting men upon the range, but In no Instancy It Is said, has be b^en the aggressor, and In each Imttncc his conduct has been Justified Mr. Dilley 1* known Intimately by many of the leading citizens of Carbon county and In other parts of the state a* an upright and generous citizen, not inclined to be quarrelsome nqr tp invade the rights of others, but rot ncllntd to be run out of the country by any pretentious bad men.Sixteen Instances is the record where Steve Chlpman has attempted to, take the life of hii fellow man, and it is raid that the docket** of the courts of Utah county contain record of many churges agaMst him during the past years of crimes of violence During the last year In Carbon county he attempted the lives of four different citizens, and there are irany who commend the courage and good fortune of Dilley In escaping the murderous attack which Chlpman was apparently about to make uron him, and these people consider the taking off of Chlpman a good riddance of an exceptionally bad manIt was noticeable that at the time th* hearing commenced there w^re many In the audience who were Inclined to censure Dilley, but with the cUwe of the state's case, they were satisfied of h’a Innocence of any crime, and warm In thetr congratulations upon his vlndlcatlbnIt has been rumored that the Chip-jran ertate has made a $2,000 provision looking to the persecution of Dilley, and contemplate the taking of further steps In the matter The idea of an Indictment Is scoffed at by Mr. Dilley'* counsel, who in*dst that no sane jut or, ellh*r trial or grand, would for a moment consider such an absurdity in view of the sl«*enients of the state's witness**Mr, Tilley, after his discharge, accompanied Dr Dowd and Robert Forrester of the cattle company to the company's ranch near Sunny side, wh*re he has resumed charge jf his cattle Interest* The Advocate Joins the general public In eomm*nd!ng the sensible decision of Judge Singleton, rendered in this case.Stage Equipment Coming.About forty horses (or the new Arm which Is to operate the north stage lino have been taken out from hero and distributed along the road to Vernal vrPhtu the last week orton days. More liprsps and other equipment, Including the Concord conches, are expected nt any time. It is understood that H. 2). Proutt, the gentleman Ifi Tthose name the contract wn« let, It to come to Prlct^ln order to Iho on the Hue or adjacent thereto, as required by the postofllce department.Try the merchant’* lunch served nt Novi’s froln 13 to 2 o’clock; 27c,lt;80¥'jJk-
Newspaper Details
Price Eastern Utah Advocate
Price, Utah, US
Thu, Jun 26, 1902
Page 2
Full Page
Clipped by
Calvin A.
USA 23 Sep 2024
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