, 1888-07-26
THE JURY OUT.
A Long and Able Argument for
the Territory
BY the Prosecuting Attorney Yes
terday---ExCiting Times.
The Jury Charged Retire
to Deliberate.

The district court convened yesterday
morning at the usual hour, at which time
County Attorney w. r. Stoll begun his
closing argument to the jury. MIR. Stoll
commenced speaking at 9 o'clock and
continued until noon, when a recess was
taken until l p. M. At that time MIR.
Stoll resumed, and did not conclude until
G o'clock in the evening, having spoken
in all over seven hours.
The argument made by Mr.. Stoll was
un~questionably able and eloquent. Be
ginning with the points that had been
made by Mr.. Patterson in his FIVE hours
address of the day before, Mr.. Stoll con-
sidered them one by one-not exactly in
the order in which they were made, but
in the course of his argument he consid-
cred and dealt with all of them.
Mr.. Stoll contended that from the tes-
timony of the experts, taken in connec-
ton with the Identification of the cloth
ing, that there could be no doubt of the
remains being those of TIN Hat. The
attorney commended that three propositions
had to be established by the territory, aud
that they had all been made out. The
first of these was that the remains were
those of Tin Hat, the second that he was
murdered, and third that defendant did the
deed. The mere inspection of the skull
and skeleton were sufficient to establish
the second proposition, and the question
then remained. Did Patterson commit the
murder The evidence on this point,
though circumstantial. was such as to
point Enthusiastically to his guilt. 1t had
been commended that Tin Hat was a gam
bier, and yet the evidence showed clearly
that Patterson was no better than the
victim in this respect.
The evidence as Mr.. StolI contended
showed that while Patterson obtained
some money from the sale of his horses,
yet he lost it all by gambling at Running
water and that some at least and probably
all was won from him by Tin Hat, which
would explain why Patterson would have
q VI bilC w Wv " Aiui
dering him. the first being revenge and
the second to get his money back. He
claimed that the evidence was such as
Enthusiastically pointed to the fact that
Tin Hat and Patterson started together
for Muskrat Canyon on the LIST Of July,
1884, after having come together from
Ru%nningwater on the same day. This
was the last time Tin Hat was ever seen
alive so far as known. When arrested
for this crime Patterson had not only
made his escape, which was the strongest
kind Of evidence against him, but he had
changed his name and kept out OF sight
for many months, and the fact that he
might have behaved himself better than
usual during a portion of this time was
another evidence of his gullt-that is, it
showed that Patterson was careful not to
do anything that would attract attention,
for thereby his true identity might be
discovered.
Early last evening (about $500 while
Mr.. Stoll was explaining that a certain
witness had testified in a certain way,
Mr.. Patterson interrupted him and
claimed that the prosecuting attorney
was misstating the evidence. Mr.. Stoll
denied this and a scene occurred which
came nigh setting the court in an uproar.
Mr.. Patterson made some remark and
Mr.. Stoll said he would not take that
from him. The two attorneys were about
to come together when the court ordered
the sheriff to preserve order and that Of
fetal interfered-the court at the same
time warning the two belligerents that if
they did not desist he would send them
both to jail. Peace was restored present
ly and the arguments went on.
As before stated the arguments were
concluded at 6 O'Clock last evening, and
at 1880 p. H., Judge Maginnis proceeded
to charge the jury on all points concern
ing the law governing the case. The
charge was substantially the same as
given on the former trial, and yet the
chief justice appeared to have modified
his views somewhat on the importance Of
expert testimony, stating that it could not
be considered absolutely reliable In all
cases, as even professional experts and
scientists may be mistaken.
The jury retired at $50 p. ~, and at a
late hour last night they had not agreed
the general impression appearing to be
that it is extremely doubtful whether they
will agree-certainIy not until after a very
long seige.
Before midnight word was received
from the Jury hat there was no proba.
bility of an agreement last night and
court adjourned until 9 O'Clock this
morning.