Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-04-28
OFFERS NO DEFENSE.
Hrs. Hamilton Silent on the Subject
Of Her Husbands Death.
PRELIMINARY HEARING OVER,
And She Goes Back to jail 10 Await
H,r Trial for Murder Which May
Be Reached Within n Month.


Mrs. Hamilton offered no defense
this morning when the prosecution
rested In the case OF tho preliminary
hearing before Justice Wsnger, where-
ia enc stands accused OF murder. Sbe
had been " s u by her attorneys not
TO do 30, and under the circumstances
1t was probably the best sJvice that
could he given her. In any event.
either with or without the calling OF
Witnesses for the deiense--It wac fore
gone Conclusion that she would be held
to thu district court.
1t was utated last evening that she
was, ana had been for days, anxious to
follow the example OF hsr broiner-iu-
law, and tell all she knew OF the case
that had suddenly thrown such black
and impenotrable pail over her life;
that her family and friends wers
sso anxious to have her do so. all
OF tbem believing 1t would some-
what smooth the rocky road Of the
tuturc. But II such an idea
had been entertained IL was not given
expression 10 by her counsel. On the
contrary Mr.. McGurriD said 10 n JEWS
man this forenoon there was not
word OF truth in the story, though hs
declared the OIL GERS had been resorting
TO j sorts OF tCIemes TO wreak con-
leasiOn from her, but that up to date
she had withstuod AL Inducements and
attempts. His client, lie said iurther,
would never be ccDv.ctod.
Nothing OF importance TRANSFERRED In
| ihr Gaee yesterday after the close Of the
| NEWS report and At ten O'Clock this
mUruiDg County Attorney VsnCJtt
said: "rne prosecution rssts."
No DEFENsE TO OFFER.
Mr.. McGufrin here arose and said,
| "The defense does no; desire to intro.
| Uuc4 any evidence at this time"
The county att1rney-rhe prosecu.
| ton submits the case without argu-
! ment.
Tue courl--Well ths only question
to be passed upon then Is that VI bonds
| OF admitting the ueie Disut 10 bail.
| Tue county attorney-We object 20
she giving Of bOads, n your honor
| please; the case 10 not bslllb.e one.
| Counsel Tor deionse--We,i, the mat.
ter can be left open until this after.
noon.
The court--At the present will
refuse her admission to bail, put 1
can't take 1t up t0is afternoon.
Tho county attorney-It appears to
me there Is no reason why it cannot
DO disposed OF right now. There Ia
absolutely no occasion for delay; this
statutes are very clear on that point in
a case OF muru6r In the nrst degree
such as the defendant Ia accused OF.
| TIE provisions governing such GASES
as this rends as fOllows:
| A defendant charged with an oiiense
punishable with death cannot be ed-
| inilted to bail, whom the proof of guilt
is evident or the presumption thereof is
great
| The Court-Wsll, It is ono OF those
Gases that can remsiu open labd be
| argued ut any time. 1 will hear argu-
msnts OH the question Of boods ut 10
O'Clock tomorrow morning. For the
present the defendant must go back to
| Jail.
| And back to Jail Mrs. Hamilton
| went between the two sisters " no have
sat faithfully at her aide ana encour-
/
| through which sue has passed. Mrs.
Hamilton was preceded on her way
| nom the court room by Miss May
| HaDilt N, sister Of the uniortu nate
dead man, but one went back to her
dIsconsolate home and the other to her
iron barred prieJn abode. Ii was y
SAD picture and one that TOLD an slo-
| queut Story of the tragedy that 10 with.
out parallel or precedent IN the annals
Of Utah crime.
LINE OF DEFENSE.
Tbs line OF defense that will he
mapped out by Mrs. HsmiltoB's at.
tOrneys is entirely problematicaI. Up
to the present they have uiscreeIly
RETAINED from mentioning 1t. 1t %
gsuersliy believed among lawyers
| Ihat there are but two courses open
Tor thgm TO isst-sslf defense, OF muir.
der by third party whose Identity
has not yet even been hinIel at. While
This may be true 1t IL nevertheless
certain that the suicide theory was
considered strong card few days
ago ami there are indications that 1t
may yet be adhered ~, though the
aisclo. ures OF tho eoroneI's inquiry
and tbs preliminary hearing have to
the ordinary mind placed IL beyond
the range OF possible contemplation.
AS to the self.uslense theory Ii Ia
claimed that Mira. Hamilton can very
easily allege that sne demanded OF her
husband that lie grant her divorce
on other gtouBds than those that
would publish and provo her untrue
to her marriage vows; that he refused
anu quarfeled with her asking her to
return his pislOl; that she declined 10
comply with his request while
no was III u passion; that sttug.
gle ensued for It's POSSESSION;
tuat he struck her and she len ed
violence more serious whersupon sue
shot him.
But the must probable defense 10
liksly to be along the line OF an at
tempt TO show that the mysterious
man who sknlked hatless nnd coatiess
under the shadow OF the ience aud IA u
away Immediately after the shooting
was Responsible or the gruesome
tragedy. 1t Is one al thoes claims tina!
could he mads by able counsel to create
doubt in tue minds Of jury. But
should that be attempted the pr1se,
cuuoD, it Is said, win epring surprise
on the deleuse by showing who the
mysterious man under the fence really
wac; that by the witness Clark, now