Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-09-28
DRAWING TO A CLOSE.
The Defense I'm the Hopt Case Try
ing TO Lift the Black Cloud
and Fasten the Murder
on Emerson,


with Mr.. Ben Sheeks for the defense,
addressed the court and said he desired
to invite attention to the certain degrees
OF murder. Mr.. Williams spoke briefly
OF premeditated and all other grades OF
murder as ruled upon in the language OF
the highest courts said it was incumbent
on the prosecution to prove generalization
and deliberation, and to establish the
murder as set forth in the indictment.
Mr.. Williams then addressed the jury
in a lengthy and able speech, and was
followed by Mr.. Ben Sheeks, who took
up the chain Of evidence to show that
Hopt did not commit the murder of John
f. Turner on the night of July Sd, 1880,
il the young man was murdered, but that
the crime seemed to centre on Emerson,
from the circumstances surrounding the
mysterious deed
MIR. FARLEY WILLIAMS.
Gentlemen of The jury: You have
listened to the opening speech of Mr..
Thurman for the prosecution, which was
given before we adjourned on Saturday.
In the remarks made in the summing up
of the evidence, the theory of one
side of this case was given. The Court
will instruct you to form verdict on the
REASONABLE AND uNDoUBrED EVIDENCE
OFFERED.
You can not be free from knowledge of
the widespread attention that this case
has attracted and the feeling it has Great
ed in this community. / refer to this
matter as caution in forming a deliber-
ate and just conclusion. Only such
things as have been proven will
you use in establishing your decision.
If you are satisfied beyond reasonable
doubt that the defendant is guilty, you
will not allow anything to influence you
to conclusion. Each of these essential
facts leading you to decision must be
proven. The existence OF one or more
facts will not suffice to constitute guilt as
charged.
In the line OF argument of my brother
Thurman, assisting the prosecution, there
must be proven beyond a reasonable
doubt that John +. Turner was murdered,
yon were those OF the missing man. 1t
requires this link OF essential evidence to
justify you in
BOOMING THE LIFE OF THE DEFENDANT.
The speaker carefully went over all the
incidents, following Hopt from the even
ing of July Sd, 1880, till his arrest at
Cheyenne. A point was made on the
condition of the corpse when found, more
than a week after the killing, and of DIR.
Benedict's testimony as an expert OF I'M
questioned veracity. Evidently Mr..
Phillips, who found the remains on the
18th, and Messrs. Alfred and Fowler,
who viewed them on the Dist, must have
ben mistaken. The speaker described
the east and west extension of the cam
yon the course of the burning sun dur
ing the hot and longest days of the sea-
son, and the testimony of DIR. Benedict,
who said one week under such elements
was
ENOUGH TO DECoMPosE THE REMAINS
Past recognition. When DR.. Benedict
examined the body it was mass of
putrefaction from maggots feeding on the
tissues. don't think the gentlemen of
the jury are satisfied beyond reasonable
doubt that these were the remains of
John f. Turner.
Regarding the preferred threats of de-
PENDANT against the Turner family, Mr..
Clyde testified that Hopt once said when
they were working at getting out wood
that he would get even with the Turner's.
This testimony is OF poor credence. Why
did not the witness follow up the saying
of defendant by asking what was meant +?
He considered it but the rambling talk OF
everyday life, and Of no significance.
Robert Johnson states that he employed
Hopt in April, 1880, and he worked until
June. A talk came up one time among
several persons about Provo and the peo-
pie there, when Hopt said he would get
even with the Turner family. There is
not day but that such things are said by
men regarding one person or another, and
rs it is vague and not thought of, who
would construe it to mean
THE THREATENED MURDER OF YOUNG
TURNER
Because Sheriff Turner and the defendant
had experienced little difficulty which
had been settled, and after which the
two had ridden together in friendly
manner. All this testimony amounts to
straws, and is very unsatisfactory OH
which TO base mans life., The prose-
cution catches at such conflicting trifes
to form chain OF circumstances in order
to show malice and ill-will on the part Of
the defendant toward the Turner's.
Could you conclude that man is such a
monster us to harbor up feelings of muir
der and wreak them out on son like
young John +. Turner to whom Hopt
had always had the best OF feelings, as
shown by the testimony given.
In this case OF
PURELY CIRCUMsTANIIAL HOMICIDE
What do you, gentlemen of the jury, do
with the vast amount of worthless evil
dence from divers witnesses, from divers
quarters, which is brought here to show
the little spot OF blood on the shirt OF
Hopt the night Of the Sd? 1t will prob
ably be argued by the prosecution that
the spot came from the squirt OF blood in
the murder oil young Turner. The testi-
mony OF Bates and several others goes to
show that Hopt had been in fight and
bruised his hand and face. He said he
had hit as OF n b. and hit him hard,
which undoubtedly alluded to the fight
he had with some fellow about one OF the
hurdy girls. His washed hands-all
night in the bed OF one OF the girls-at the
barber's in the morning--show
NO EVIDENCE WHEN TURNER WAS KILLED
Or who committed the crime, if done at
that time. Emerson states that he didn't
know Turner. Seckels testified that he
saw Emerson for some time about Park
City, and that he was familiar figure to
all. Charles Jones, now absent, testified
to substantially the same facts OF seeing
Emerson sitting with Hopt on the wagon
tongue. Sheriff Allison, of Summit
county, says he saw Hopt little after s
O'Clock the same evening at Lanes
saloon. There can be no theory of the
prosecution to reiute Mr. Allison's evil
dence. Several of the witnesses testify
that Hopt was at Creek & Dodge's hurdy-
gnrdy house at about 10 o'clock the night