Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-09-23
II, is NEARLY OVER
III. milestone Case TO Go 10 the
Grand Jury To-day,
,rrrn JUDGE ASDERsoN's
CHARGE.
The pefendanps Friends Are hOpe'"'
That Hc VIII 10 Dis.
charged.

cose Al Ogden yesterday, Attof-
80 Evans eaid in the course oil MS
,.m,,k. Tho reputation Of Henry
wbei,,one was not questioned by the
.,,pessca who appeared on. the stand
nils Mcclellan was bad, vindic-
evs man. Yet. the prosecution wiz
S,ve YOU write upon the tombstonv OF
wbetstone, "Hore lies Henry Whet-
,,ope. the murderer Of J. b. MclIol'
.n.D They will have you guilty OF 3
,,tlclal murder In deciding this case
rbsy tell US that Mcclellan
aver made any threats nj
M Why In the wine room
A the saloon on the night OF
be affair Mcclellan said that he had II
IA for several and he was going to get
,v,n with them and Whetstone
thought lie directed his remarks TO
him. Another point | wish to bring
cal. Mr. Macmillan said, why didn't
whetstone 40 home after this DIM
euliy and this disaSter would have
teen averted. Why should MILESTONE
30 homer DidH'. he have u perfect
right to stay there? But would II not
have been proper for Mcclellan TO have.
gone home? Mcclellan was the only
arty that caused NIL the trouble.
Wb.tstone had done nothing aud thetv
WAS no reason why he should have
retired from the Gene Of a conf ct pee
ieolly innocent uf doing any one
harm. Tleto Is no arm strong enough
10 have kept McLeilsu's murder
Gus hand In check; he would have
undoubtedly been nuEerod 10 suoh
pitch he would have alter
wards murdered Whetsiunu. All the
wltueaol Ou tuo stand told VI threats
ma against the defendant, aud sume
ot them ulstsd Iouble and Ucbln
hreals,making Ia oil about twenty-five
threats made against Nhe,Hi0ne.
Coqnacl britly reviewed the
eydcrce given by the two Denver
fnicprf. and eudUavufud 20 show she
napy alleged Discrepancies IN their
evidence. He refored 20 tho
qfalutlus evidence offered by ono VI
ihe detuctivts "a 10 Winslow'a busi-
meas In Denver bong that " a thief
ami hold up, aud then asked why, o.
Winslow wa thief, those Beaver
detectives did not bring with them
some oilicih record Oi WinslIw's
crimes ana niisduneanos2 Suuh u
record would have been admissible a
evidence 10 eject tho credibinty
Of Winellwia evidence. Mt.
Evan,s referred 60 the fact that
the prosecution did not produce
AleLellan's dying statement, and car.
nstly asked why such strange prn'
Gee ing hal taken place. Was the
prosecution nfrAid that McLellan's
diving words would dtstrOy their case3
The prosecution surely did not with
hold n on the grounds Of generosity
fot the assiduity VITA wniUh they
sought out evidence from diil.rent ana
distant points, ter,ainiy dispr0vei mat
idea. There can 10 10 reason assigned,
except possibly that the dying state.
ment contained "a itemeuts which
would damage tho cause vi the prose.
cullon. such Mt least II the only
plausible explanation OF this strange
proceeding on tho part OF the pTo.ecl.
ton. Mhetst0ne'a testimony no Guar.
Seloflgei as truthful, uacquivocal aud
solld NJ rock, which could not be
shaken even hy tho most skiliul ant
severe REORGANIZATION. WhrttJue's
character had never been attacked
AID his evideuc, carried conviction a.
beng the words OF u truthful man,
rNaupg the exact facts OF u tranfac.
ton. lie reviewed The cirou N
stances immediately preceding the Ne
Ing Of the fatal shot, dwelling NJ some
length upon the evidence, rho wing
that Mcclellan adva cei ~ n toward a
teflous encounter. Then counsel dis
russei the question Of ga reasonable
uoubt,n then the lower degrees " guilt,
voluntary anu involuntary man.
slaughter, and argued that the evi.
aenco showed self defense, that ne
legal crime bad been committed anu
hked Tor acquiitHl. a
FOR THE PROSECUTION.
II war $40 =. m. whom Mr.. Evan,
closed and within the next minut,
District Attorney Allison's voice wal
heardi
"Gebtlot6en Of the Jury.--You hav,
here case OF unusual Importance
You have agreat duty to perform; ful
on one side you have thv meiesly OF Ia,
law to uphold, aud on the other SD,
The sacredness OF human life to protec,
You have 10 decide this case entirel,
upon the evidence adduced and /
you flnd the defendant not guilty
j. your duty to set him free; on thl
p1heF hand II you ilnI him guilty II 4
n s.sAN -
iaVor." Mr.. Allison took up the rea
mcls In Issue and stated that the prose
eutlon would ask a verdict OF guilty o
murder In the fret degree. Whctst1n
never Asked tho courts for protection
against McLnllan-never asked tina
sioliellan he placed under bonds /
Keep the peace, and the very fact ths
NheAlone never asked this, show
e.hclu.iyely that MILESTONE did no
.eAt MoLellan's threats. Whetston
never showed any fear OF these threat
mehellnn was simply q buffer am
~ thrtab never amounted 10 any
Nlng, Through year,, the deiendan
anu McLellan were good friends, evel
n0et these threats. The question o
rhMacler cuts but little figure Ia tn
.lse' IL IL conceded that Whetston
va quiet man, while Nc
.ellAn was n loud, boisterou
man Counsel reviewed the eli
.umstances In the wine room
immediately preceding the shooting
moving that even there Whetston
Nv het afraid Of Mcclellan even wit
slciellan holding a gun. He argue
"nst The probability OF the trutl
Whelstone's statement that b
aqueu the gun to 20 home with
Se whs killed simply b,
s"use he was AN indiscTeet maj
\ man gIven % - - 80.