To the general surprise of Wolff, Judge Corn, and others present at the trial, Tonnar was acquitted by the jury, despite the certainty of his guilt. What subsequently became of him is not clear. Wolff was questioned on this point, and at first declined to speak, later, however, expressing the belief that Tonnar probably went back to the old country for fear that friends of Welter, Tiggerman and Kellenberger might take the law into their own hands since the jury had failed to convict him.
Concerning the question of motive for the killing, Wolff stated that he knew Tonnar and the 3 men quarreled. The original partners planned to turn Tonnar loose when his services were no longer needed in sluice digging, etc., minus his share in the cleanup. To discourage his persisting with their outfit they had beaten him up badly a few days prior to the murders; but instead of leaving Tonnar had stayed at camp, nursing his bruises and plans for revenge, finally carrying out the latter to the consummation already described. Wolff did not believe that robbery was a factor of much importance in instigating the crime.
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From parties who heard the trial it appears that there were no eye witnesses to the tragedy, save the defendant. Therefore the prosecution was compelled to rely solely on circumstantial evidence. The theory of the attorneys for the defendant was that the 3 deceased persons were prospectors, without funds, and that they represented to the defendant that they had discovered a valuable mining claim and induced him to put up considerable money to grubstake and furnish necessary funds to work the claim; that soon after these men were on their way to the Jackson Hole Country they began to pick quarrels with the defendant; that on the day of the shooting one of the prospectors remained in camp with the defendant, and the other 2 went away to do some prospecting; that the one who remained in camp picked a quarrel with the defendant and the defendant was compelled to kill him in self-defense. It was recalled that after the verdict was rendered the defendant got out of town in a hurry, taking the first freight train; that Attorney Blake was the principal trial attorney for the defendant, and that he afterwards stated he never got a cent for saving the neck of the defendant, who had promised to send him some money as soon as he could earn it, and that he had never heard from him.
Note:
Dr. Fryxell and Colonel Ericsson, immediately following their interview with Mr. Wolff on August 9, 1928, investigated the site of “Deadman’s Bar.” They found unmistakable traces of the diggings, the camp, and the road constructed 42 years before by the 4 prospectors.
Dr. Fryxell’s study of the site cleared up any uncertainty as to the exact location of this historic spot, which was placed on the north side of the Snake in the SW¼ of Sec. 23, T44N, R115W.
The sluice ditch of the miners, though overgrown with brush and partially filled with gravel, was easily located. It tapped a beaver dam located just above the bar, and followed along the base of the terrace, discharging into the Snake about a half-mile from its source.
Numerous prospect pits were found on the bar. Some of them appeared more recent than those dug by Tonnar and the other “Germans,” thus were probably the work of later prospectors.
Dr. Fryxell states: “All of the workings (1928) now observable speak graphically of the expenditure of much hard labor from which returns were never forthcoming.”