Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-10-20
THE ARGUMENTS.
The Thi,do rurdoF Trial Is EOR
Drawing 10 Close.
JUDGE AMcuEpHp, ADIEl,~
Judge llowat Will Close Tor The Pros.
tcutOn- h. case May MOI
Finish To-day.

When Attorney Nyc had nuished
ms opening speech Tor tho persecution
90 the rhiolv murder trial yesterday
afternoon.
Attorney J. W. Cherry oSuasd tho
Arguments on behalf Of the Defendant.
he dwolt strongly uuou the fact thst
tho evidence was only cifcum,tantiai.
On the question Of ill.tteatment, he
said The enemies Of Tniodo had boon
brought TO testify ag,ins, him, that
hey had greatly magnlnei any dis.
iuthanccs or quaffels which Thicdo
aud his wife uay nave hal; that tho
| character Of some OF these wltuUfHrs
was such a. not 10 euiitIr them 10 be
| believed; AMI that la tho matter OF me.
meditation tie prosecution had ni.o.
| guihcr iailtu 10 establish their theory.
Ihirdr, u had been clearly show %,
hHd provided hi family with % good
nome and showed his atluctton for his
! wiic by making hUr presents from
time 90 time. The "Oh, Charley" Incl.
dent be explained by saying that when
ihielUliitsd bis wife's BODY when no
found n, purgiing SOUND WAS emitted
| by the passing Of tne air from the
lungs ami this the defendant c0n-
ntruod 10 be the words "Oh Charloy;v
The defendant himself had caused tue
/ officers 10 be sent Tor aud given the
alarm 10 bis friends aud neighbofa.
/ There were many circumstances
/ which went 10 establish the Innocence
| OF the defendant aud there was moth.
| ing shown, counsel contended, 10 iusti.
/ ~ the conclusion that Thiede had
/ killed his wife or on which to base a
verdict u guilty and take away the
mans life.
Judge a. n. Cherry commenced
his address on behalf Of Thiede, but
had only Just started when the court
(atter hearing some L. al arguments aa
70 tho instructions TO be given tho
jury adjourned TN this morning.
-
On this the tenth day Of the Thiede
murder trial there was great fush
for seats on the part VI the general
public some time before the opening
nouf-lO O'Clock. All the availabie
chairs within the bar were again oc-
oupieI by ladies. As on the preceding
days Of the Investigation, "a special
bailin WINS stationed At the entrancs door
back thu crowd outside who eagerly
sought admission.
Ths defendant was brought into ' nv
court loom aUooi -. , o.
the hour, bs being In custody OF one o,
sheriff MoQue -n's deputies. HI.
little girl, Aunie, walked alongside
holding her iathef's hand, and took
her seat beside him.
"Y0u may proceed" remarked the
court when the usual preliminaries had
been gone through, ani thereupon
Judge Cherry faced the Jury And
resumed bis argument In behalf Of tho
accused. Counsel began by finding
inult with tue prosecution for having
put forward Attorney Nye 10 make
tue opening speech on the part VI tho
People Instead Of Judge Howat him-
self performing that task. There
should have been, he insisted, a com
| plule review u the evidence by the
assistant district attorney himself, and
on each theory put forward by MIN as
10 why the defendant should DC Ad.
| Judged guilty Of the crime charged.
/ Mr. Nye was not present. during the TAX
log OF all the teslimony,a ID was there
/ fore not ina p0sition u state the case
with accuracy anu with fairness 10 tho
| defendant. Hence he closed his adj.
dress without having advanced auy
Argument going 10 show when this IN
| fortunate woman was Killed.
Once or twice when Judge Cherry
was about TO enter upon n discussion Of
the testimony given during the trial,
Judge Howat ventured " inteTlecl
certain MINOR corrections OF the speak
rfs statement, whefoupOn Judge
Cherry turned upon him and with
some severity called upon him not 10
interfere. "You viii have youf turn,D
exclaimed counsel. "Whsn 1 nave
done. you viii have the chance OF max
ing the closing rtp!y-y0 will have
the last cay, anu you know It," The
lu-go then, shaking his finger at the
prosecuting attorney, twitttd him OF
the persistent prejudice which he
hed introduced Ard wac attempting 10
Introduce into this case, aud tnen
added with trembling voice, "Now,
sir, | will ask you not to Interrupt
me!n
Counsel went on 10 deal with the
allegations OF cruelty made against
Ihlede, OF which hs said the prose.
culion had made great deal through
oui, and the "viOl nj prejudice" Oi The
Witutrses for some reason was nppaF.
enL at there Is anythiuglaBhoffent
90 the Imind OF n kind husband, IN
atlectiOnate father, anu tTua man"
remarked counsel, at Is the abuse, tue
mistroatmeut of his vile. / do not
know OF anything that strikes the
mind OF tue average American with
more adherence ana soOfn." Judge
Cherry, auveTtiug to the evidence OF
SunuefnOlme Rud his wife particularly,
~ well as that OF others who had tesli.
He'd to rhiede's repeated Entertainment
VI his wife, said this WAS introduced,
'all doge Tor effect" In the outset Of
the trial by thn prosecution 60 iuh Nmt
anu prejudice tue minds OF the lIry
against thu accused. Was IL probable,
he asked, that tho deceased woman
would have run around every day lOf
the last four years Or moro vita her
lace hfulsel, bleeding anu mauyl1I,
aud her husband allowed TO chase hef
continually IN the way that hal
been described, without some Au-
ton having Ueen tRLan to stup
such brutality long ago " there
had been any truth in ID? Tho
testimony Of little Annie cane In Tor
brief review, with the object Of holding
up alleged Inconsistencies Ia the state
mrniB OF TIA Suudern0lmes. "Hhat Is
there m their evidence, ask with can.
dor, but prejudice anu perjury? Aud
even II there IL any foundation In IL,
% IN no highly coloTed that you cannot
believe IT." Next counsel criticisei
ILOmtmgcd oH page 3D.