The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-10-21

fate for time and for eternity; in
your hands is, perhaps, the fate of his
little girl. He has in all his grief been
bounded with suspicion and dragged
into court and tried. believe, gentle
men, you are brave enough to do your
duty and turn this man free and tell
him to build UP his home, to take his
little daughter, whose happiness has
been wrecked by some assassin. AS
true, honest, brave men, leave his
fate in your hands.
During the latter part of the judges
address, the defendant, Thiede, wept
copiously. Mr.. Cherry's address, al
though SO long, was interesting and
pertinent throughout. 1t was earnest.
thorough, and in parts eloquent, and
whatever the outcome may be, Judge
Cherry will have the consciousness of
feeling that he has done his whole duty
to his client.
EVENING SESSION.
.Judge Howat. at 1880 O'Clock, COM
menced his arguments for the prosecu-
, ton. The courtroom was crowded to
suffocation. large proportion of the
audience being ladies.
The Judge referred to the cases cited
by Mr.. Cherry in which innocent men
had been convicted on circumstantfal
evidence, as the stock in trade of every
lawyer who had a hopeless case on his
hands. He denied the imputations of
counsel for the defense that he, the
prosecuting attorney, had been guilty of
unfairness and, in fact, had prosecuted
this defendant.
The chain of circumstances in this
case is so strong that there can be no
doubt that Thiede is the man who COM
United the murder. and there he sits
before you," said counsel, pointing to
the defendant.
Then counsel dwelt on the unhappy
relations which existed between the
defendant and his wife; to the testi-
mony of the witnesses who had sworn
that Thiede was in the habit of beating
and abusing her, and said that these
circums tances furnished the motive for
the crime Witnesses had testified that
the defendant had talked over the pos
sibility of Judge Powers, as an able
lawyer, obtaining the acquittal of a
man who had committed murder, show
ing that he had murder in his mind
/ TAT this point the electric lights in the
courtroom went out, and it was ten
minutes before they came on again.
In the meantime. Mr. Howat continued
his speech in the dark
Fourteen witnesses have testified to
the horribly brutal treatment of the
defendant towards the woman who
hours before she was murdered she
was seen to flee from him. On the
night of the murder she dared not go
/ home; she was afraid he would muir
der her, and said so. The act was pre-
meditated. This man made prepare
/ lions for her taking Off Among other
things, he sent the little girl to stay
with her school teacher, Miss Noble, to
get her out of the way so that there
H., - f,,J
Mr.. Cherry would have you believe
that this man was, so overcome with
grief that he didn't know what he was
doing; that he was calling on God in
his trouble: but 1t was counterfeit grief.
His calling on God was like the coun-
terfeiter who places on his bogus dol
lars the motto, ''In God we trust" This
man in all his grief brought a man a
mile to sell him a bottle of whisky
while his wife's dead body was lying
not 80 feet from the bar where he was
dispensing his liquors.
Consider fairly the conduct of this
man, who says he was overwhelmed
with grief and you cannot come to any
other conclusion than that his grief
was counterfeit.
Thiedes story of finding the body is
untrue. He said he saw it in the light
from the saloon window, where it lay
Such is physical impossibility. The
light could not fall where the body lay
He says he lifted it up, and she said
ooh, Charley" The doctors all testify
that it would be absolutely impossible
for any human being to articulate al
all with the windpipe severed as this
woman's was. The theory of the de.
Tense that the air from the lungs made
a gurgling sound which the defendant
! took for the words "Oh Charley!" is a
very poor one, and serves only to show
the extremities to which the defense
is reduced.
This woman was afraid to go to hen
home and retire to bed. She was forced
to hide in outhouses and on the public
road. On that night she thought she
would be safer in the light, and she sal
outside near the saloon, where people
were likely to be around. Thiede, from