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THOMAS DILLEY IS DISCHARGEDHis Acquittal Before Judge Singleton On Evidence Of Two Witnesses.Tte preliminary hearing of Thomas Dilley »barged with the murder of Stephen Chipman In Whitmore canyon above Sunnyslde. June S. ISOf, came on before Judgo Singleton at 9 o clock on Saturday morning, the state being rep* resented by County Attorney Lee, assisted by District Attorney Livingston, and Samuel Zl Thurman, the defendant being represented by M P Braf-fet ot Scofield, assisted by W H and Samuel A. King The state swore but two witnesses, Andrew urasher and Arthur McCture, both employes of Chipman The examination. In chtef and the cross-examination of these witnesses were very thorough, the aim of the respective counsel apparently being to elicit all possible Information In their possession re attng to the affair The tun witnesses in many respects conflicted In their Htatements as to the conversations and maneuvers of both the principals In the shooting, but in the train the undisputed testlmon of bach uf the witnesses fitmly established ths principal and Important tact that Chlpman was the aggressor, and that by his defiant attitude and language Immediately befotq th* shooting had Created In the mind of *itlley % justifiable tear that he (Cb.pinan) was about to tat e the Mte of Dilley The witness Brashet testified that he wo* a lt;a,rp mover in the employ ot Chiprran, and that at noon of June together with the Mexican, McClure, aifd Chipman. Was camped in the right hand fork ot Whitmore canyon at the scene of the tragedy That at about f o clock ot that day Dilley, with Jiis-, tice of the Veace Tied Blackburn of Wellington, who runs cattle of his own In that vjctnlty, came up the canyon road en route to their cabin, which Is but a short distance from where the parties were camped Dilley and Blackburn dismounted from their horses, and the former engaged In a conversation with Chipman relating to an alleged trespass of the Chlprnan sheep upon the lands leased by the P-ttmos Head Land Cattle company, or which Dilley la manager The conversation was peaceable and ordinary up to the point where Chipman claimed to have heard It rumored that PItley was not the owner of the land In question, and Insisted that he Intended continuing to keep hU sheep upon these lands, fit this connection sthtlng that he did not give a G— d— what became of the tattle of the Dilley company.At the time Chipman made this heated remark he and his two em.| court decisions, as well as the statutes f of Utah, holding that it was Immaterial whether or not Chipman bad a gun so long hr his conduct and conversation were st-ch as to i dse the belief In the mind of a reasonable man that ha had some deadly weapon and that it was apparently necessary for D«lb»y acting on such belief, to act in his own protection, that the danger wblch would justify a man In taking *he Jife of another under ouch circumstances i red not be real, but need only be apparent, He also argued that the failure of Chipman, when he became apprised of Ditley's belief of danger, and was told to keep his hand off his gun or he would shoot him full of holes, to allay Dllley*s alarm and thereby tr »aye his own life by *he simple act of taking his luinda fronrv behind hbi htpsr and either dropping them at bis side oi placing them In front of him, was convincing proof that he cither Intended to kill Dilley or that he intended Dilley to believe that he designed to kill Jilm Mr Thurman followed In a passionate appeal, contesting the motion discharge hut he was noticeably silent fro far an any discussion of the grounds upon whLh the motion was bajed were concerned He dwelt principally upon Incidental matters, and argued that In any e.cnt Dilley should be bound over and receive his vindication at the hands of a juiy Judge King closed for the defense, con fluid; his remarks to the theory that the state had bv 1H testimony, established the defendants Justification, ard argued that so long as the state bad proven this important vm:4, it would be an unnecessary expense upon the people of the count), and an un-lawiui and unjust persecution of the defendant to put him or the people to further expense or annoyance At the conclusion of the arguments. Judge Singleton announced his decision that from the testimony offered by the state he believed the defendant had acted in self-defense and was Justified, under the law, and ordered his discharge Th*» hall during the arguments of the attorneys vas well filled with leadlhj citizens of Price and adjoining towns, and at the conclusion pf the trlat the large audience fllw* by the stage and showered its congratulation; upon the i defendant, his counsel and Justice Singletoni A most thorough Investigation In this , case has been made during the p ist two weeks by officers ot the state, and the result of their Investigation as elicited frjsm their witnesses on the hearing la explanatory of the commendable conduct of Mr Dilley Jn ! piorr ptly giving himself up to an unarmed officer There has in the past been rumors circulated throughout the state tending to give Mr, Dilley a reputation of a bad man, but the attorneys of Mr Dilley at the outset of this trouble expressed a readiness to disclose the full history of their client find claim for him a reputation in no respect Intel lor to that of any resident of this state.tr. __
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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