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

take the life of a poor woman in the
way Mrs. Thiede had been slain, must
have a heart las black as the hinges
of the gates of hell" Every witness
for the prosecution had a distinct
brand; there are no Mavericks. DR..
Benedicts testimony as to the bruises
on the dead woman's body collapsed
on cross-examination. The prosecution
showed that the cash across the throat
was inflicted by a strong arm; hence
with dramatic effect Judge Howat
made a great point Of the fact that
Thiede is a strong man, and put it for
ward that he must therefore have COM
mitted the deed. 1t was upon such evil
dence as this that the jury were asked
to take this defendants life. No ex-
animation was ever made in order to
ascertain whether the deceased woman
had been outraged. Everybody became
infected with the contagion spread by
Sheriff Mcqueen, and no effort was
made to obtain g, clue in any other
direction. When DIR. Ferrebee reached
the scene. the body was cold and rigor
mortis had set in. This was important.
as showing the length of time that had
elapsed since the death took place. 1t
was shown, too. that the wound might
have been inflicted with a razor.
Thiede's clothing was prod',ced,
Judge Cherry calling particular atten-
ton to the fact that the blood stains
thereon showed conclusively that blood
had been daubed upon it, This con-
tradicted the theory of the prosecution
that the blood spurted upon the gar
ments of the accused.
The Jurors made a minute eXamina-
ton of the clothing worn by Thiede at
the time of the murder. more especially
the white shirt the sleeves of which
4. -&os, 10 rt,acr lny,
this, the court took a recess till p. m.
IN THE AFTERNOON.
Judge Cherry resumed his address in
the afternoon. He referred to the evil
dence given by the witness for the
prosecution. Christian Stryker, which
he held was altogether unworthy Of
belief. Stryker. he characterized as
saloon bum and a tramp, on whose evil
dence it would be outrageous to send
man to the gallows.
George Wright, counsel argued, was
no more worthy of credence than Stry-
kerr The blood stains which were
found on the clothing of the defendant,
on the counter on the floor of the sa-
loon and on the wall Of the storeroom
in the brewery, he accounted for on
the theory that after Thiede found the
body he handled it. turned it oyer and
got stained with blood. The defendant
was running wildly about in distress at
the tragic end of his wife. He was
calling on God in his trouble, and real
" didn't know what he was doing.
With blood on his hands, it was a most
likely thing that the doors and the
counter would get smeared with blood.
After reviewing the testimony of
every witness, counsel attacked the the
DRY of the murder advanced by the
prosecution, and argued that it was
FAULTY. improbable and, in fact, i'm
possible. The defense, in one sense.
had a theory. but in another they had
none. 1t was a mysterious murder,
like many others, and the defense were
not called upon to point out the MUIR
derer; they could not do it. The de-
PENDANT had strong suspicion. so
strong in his mind that he would tell
the jury that he knew who did the
awful deed but after all it was but a
, suspicion; but the fact that the defense
could not point out the guilty person
was no evidence that the defendant
committed the murder. 1t is not for
you, the Jury. to say how the woman
was murdered; what you have to dc
is to say whether this man is guilty OF
not of murder in the first degree.
The defendant had no motive for COM
! hitting this crime. He had worked fol
years to make himself a home, and il
was a happy home, it was a luxurious
home. 1t is not reasonable to suppose
that this man wanted a worse woman
TO preside over his home. 1t is not rea-
sonabIe to suppose this man, at one
fell swoop. destroyed his home and
made his sweet little daughter moth
erless child. 1t is not reasonable, it is
not possible. I tell you, gentlemen OF
a the jury. The evidence in this case
is purely circumstantial, and not very
strong at that
Here counsel cited number of cases
with telling effect. in which innocent
men had been condemned and executed
on circumstantial evidence.
1 You have seen the defendant, you
have seen his grief, you have seen his
little daughter; in your hands is his