The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-02-12
THE SALT LAKE HERALD WEDNESDAY FEBRUARY

what it is worth AS for Miss Evans
and Miss Valentine everyone knows
that it is the duty of a prostitute to
protect and defend those who visit her
house. If they did not, they would
have no business.
We all know, as men of affairs, that
1t was natural for Lii Evans to deny
his having been there. 1t would have
been an outrage for her to have done
otherwise. 1 have had an unpleasant
duty to perform in prosecuting this
case The jury has an important duty
| in reaching a. verdict. / am satisfied
that you VIII do your duty. that the
! imp3SSioned appeal of Judge Powers
will be taken for what it is worth and
| that you will reach a verdict from the
evidence introduced. If he is guilty
| his punishment should be greater than
| that of an ordinary individual, and l
! can only ask that you do your duty
regardless of what follows.
JUDGE POWERS SPEAKS AT
LENGTH
Judge Powers for the defense then
opened by dwelling upon the import
ance of the case, which he said the peo-
pie of the city were as vitality inter
ested as if it was a case of more SER
ious charges. He took it upon him
growth of persecution and before he
was through would convince the jury,
and the court as we'll that someone
was after Donovan scalp.
Il beg YOU to look at the interest in
volIed in this case. The real proSecut-
or sits before me now pointing at OF
ficer PacN). He has been at the side
of the prosecuting attorney all day
suggesting the mode of questioning.
In his recklessness, this man testified
that at a distance fifteen feet away
from the door he could hear the fumb-
ling of mans hand on the
inside of the house. | challenge the
Veracity of man who will testify
SO recklessly.
"Now let us consider other circum-
stances Ford and Gillespie, two OF
the principal witnesses in the Donovan
case before the board of fire and police
commission hearing short time ago
are the chief actors in this case. When
Captain Donovan returned to duty
after being reinstated on December 10
last, he has received the only order he
had ever received from the chief and
that was in regard to the suppression
of gambling and Sunday liquor selling.
While the captain resumed his duties
in the department 1t is a part of the
public history of the state that the
feeling has been strained between the
chief and the captain, which at last
eliminated in the Introduction Of a
bill in the legislature to legislate tho
captain out of Office"
Judge Powers then dwelt on the cir
cumstances leading up to the raid,
which he said was q result of the
mayors recommendations in his mes
sage. undoubtedly founded on the say
ing that a new broom sweeps clean.
With a great flourish of trumpets, he
said the women of the town were
rounded up and it seemed as if some
one took particular pains to have IT
advertised to the world.
He charged that there was an effort
made to fix the legal papers up after
the raid ."as made
why they say he went on, they
had no desire to treat Captain Dono-
van in any other manner than the other
offenders, and yet Mr.. Pack came be
fore the court and demanded to swear
to the complaint charging Captain
Donovan with this offense." Then
raising his voice he went on: Il stand
before you today defending Captain
Donovan, but I will show you before l
get through that [ stand here also as
the prosecutor of Officers Gillespie,
Ford and Pack, and these men shall
cringe under the arraignment before I
have finished"
CLEARED THE COURT ROOM.
AS these words were uttered by. the
attorney. the spectators began to ap-
plaud. The court ordered the room
cleared. which was done, against the
protests of the throng.
Judge Powers then continued. hold
ing that Officer Pack had no authority
to arrest the captain. Had Captain
Donovan shot Officer Pack" he. said,
'he would have been justified in SO
doing, but on the other hand had
Officer Pack shot down the captain, he
would have stood before you today as
a murderer
He then read from the law showing
that a warrant for misdemeanor can
not be issued during the night time
The only time an officer was justified
in making an arrest without a warrant
was when the offense was committed
in the officers presence q
Now, they charge Donovan with re-
sorting to a house of i'll fame for lewd
purposes. and / propose to show you they
have failed to make a case even on such
Il charge. 'Resorting' means frequent
ing, and you cannot convict man on a
charge of reSorting to a house of prosti-
tuition simply because he was there once
or twice
SUMS UP THE CASE
Briefly summing it up, the case made nv
the prosecution, in it's strongest phase, is
exceedingly weak. Standing without con-
tradiction, it is scarcely sufficient to JUS
tify conviction. 1t consists of differences.
and DE Young claim that they
were delayed for some time in entering
the house. Pack testifies that he was
fifteen feet from the summer kitchen.
heard voices in the house, but was unable
to distinguish whether they were male or
female; that he heard the door from the
house to the summer kitchen open and
close; that some one fumbled at the latch
of the summer kitchen and Donovan
came out and that he was excited and
prosecution rests upon the correctness OF
Packs hearing the door from the house
to the summer kitchen open and close |
If he was mistaken, if he heard some
other door, then the chain of circunl-
stances is broken, and the case of the
fails. All the evidence of the
is circumStantial. Such evil
dence is always closely examined. Mr.
Wills on Circumstantial Evidence page
S3S, says: ''Io justify the inference of legal
guilt from circumstantial evidence the ex-
istence of the inculpatory facts must be
absolutely incompatible with the inno-
cence of the accused, and incapable of
explanation upon any other reasonable hy-
pothesis than that of his guilt" Our own
supreme court has adopted this rule in
people VS.. Scott, Pacific Report, 335.
Pack only teStifieS to inference He
could well be mistaken. The case of the
rests upon the infallibility of
the hearing of officer Pack. He is con-
tradicted by the testimony of Donovan |