The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-02-12

Lille Evans, Fay Valentine and Richards
and by many surrounding facts and cir
cumstanceS. To find Donovan guilty, you
must lind that four people committed
perjury. You can reconcile all the teSi-
mony on the theory that Pack was mis-
taken, and that Donovan went to the
house as he stated. 1t is the law that II
possible you should so reconcile the tes-
40 find Donovan guilty. you must
find that faithful public officer is a
Generous liar. To find him not guilty,
ears OF Officer Pack are not absolutely
infaIlible.
There were two doors to the summer
kltchen. one on the east. guarded by
Pack, and one on the west, where there
was no guard. Donovan entered the kit
chen from the west door, If he had been
guilty and was seeking to escape. he
could have left by the west door, passed
behind the Manitou and the rear of the
knutsfcrd hotel and evaded the officers.
The fact that he did not do so, but un-
latched the east door and walked out
where Pack was, demonstrates his limo
cence.
Pack testifes that Donovan was fully
dressed and his overcoat buttoned closely
about his throat. The officers all swear
that the inmates in the house were not
dressed. and that Richards was in bed.
If the theory of the prosecution was
dress and escape, Richards would also
have awaited himself of the opportun-
ity.
.'Donovan's story that he went to the
place to watch for coal thieves, is lot
improbable. The coal was being s. Glen,
Waterman Howell had been informed of
the fact. Donovan had heen Informed,
and he had been requested to try and
catch the thieves. If ne went there for
that purpose, he did not resort TO the
house for leWdnesS.
"All that the case OF The prosecution
amounts to, is a large sized suspicion.
1In6PT
him upon suspicion The otGnse alleged
must be proved and it m lst he proved to
the satisfaction of each Juror beyond
reasonable doubt.
Gillespie says that when he entered
the house. he went within fifteen seconds
to the back door and there he met Don
ovan and Pack. Why? If he was endeay-
oring to arrest the inmates why did he go
at once to the back door? Cannot the in
ference be drawn that Donovan Lad been
trailed to that summer kitchen and the
raid made to disgrace him? Why did Gill
lespie whisper to Pack, WAS he here?"
Why was there SO much anxiety TO ar
rest Donovan without any explanation,
and march him to the hall, an anxiety
Donovan frustrated his feveriSh ambi-
ton? Why was there such anxiety
to swear out complaint against Dono-
van, an anxiety that went to the extent
OF preventing the city attorney from in
vestigating the facts of the case?
why, if it was not supposed that Don
ovan was at the house, and that ne
could be arrested and disgraced, did Pack
say to him when he tried to make the ar
rest. that the chief was waiting for him
at the hall? Why We're the women Of the
house subjected to a searching investiga-
ton by Ford. an enemy of DonoVanS,
and he failing to secure from them tes-
timony blackening Donovan, were they
then turned over to the chief for cross |
examination? Why did Ford declare to
Lille Evans. when he examined her, |
that he had seen Richards and Donovan |
go down to her house? Why was all !
knowledge of the intended raid kept /
from Donovan? Why was the house of |
Lille Evans the first house visited and !
why was Donovans arch enemy, Ford |
watching in the darkness across the !
street? Why, if the laid was made in |
good faith. was the we'll known house be- |
hind the city jail left unmolested and its !
inmates allowed to quietly surrender the |
day before, pay a nominal .ine and go |
scot free?
The argument of Judge Powers con-
sumed about one hour, and tie hour be- |
ing late, a recess was taken d7tn Z |
o'clock in the evening.
After being out for an hour, the jurors !
came in with the announcement that they |
could not agree, as stated above, and the |
case will be called up for a new trial this |
morning.