The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-15

board in the jail. Smith. he said, had
used a pair of scissors to trim some
hair work he was engaged in making.
1t was possible. eaid witness, for the
defendant to have doctored his suit of
clothes, as he had thread in his pos
session, but Mr. Thomas said that he
had never discovered any evidences of
its being done in the prisoners cell.
Postmaster A. L. Thomas was then
called. Referring to Smiths story of
his conversation with the Utah execu-
tive after he had been released from
the penitentiary, the ex-governor said:
81 have a very clear recollection that
Smith called on me and thanked me for
having restored his time. told him
that he had to thank the boys at the
penitentiary for it,
You never talked to him as 1 have
indicator"
mo, SIR"
In answer to a further question, Mr..
| Thomas stated that to the best of his
recollection. the object of Smiths visit
cede for a pardon on behalf of pris-
oner then in the penitentiary.
Arguments Begin.
At this stage the introduction of tes-
timony in rebuttal terminated, and at
sci for both sides that he allotted them
seveTally an hour and three-quarters
| to put in their arguments to the jury.
Assistant County Attorney Ray Van
Colt opened the address for the prose-
cution WILMA concise review of the
] salient points of the case. He went
! into detail regarding the threats ut
! tered by Smith thirteen years ago. the
subsequent finding in the Pacific mine
! shaft house of articles which had I'M
doubleday been used in the construc-
! ton Of the two inferno, machines.
Why should Smith pack up his
clothes and leave town on the night of
I the publication of the crime in the pa
: pers, If he were an innocent MANI
Gueried Mr.. Van Colt. Referring to
Smiths confession to the boy. Peck, Mr..
Van Colt went on to say: Gentle
men of the jury, If you shouldn't be-
lieve this purported confession on the
( part of Smith. the circumstantial evil
/ denee against the defendant is over
whelming"
The evidence of Tim Brown and Mrs
Burt regarding Smiths movements on
Aug. % were weighed in due course,
! together with the testimony of Haslam,
: who, to prove his handwriting, wrote
facsimile of the Powers address. Coun-
sci for the state ridiculed the reason as
signed by defendant for purchasing the
hinges, muslin and other articles. to-
gether with his excuse that he didn't
want Judge Powers to recognize his
handwriting, when on his own testi-
mony he denied that he had never
written to Powers in his life. Mr.. Van
Colt concluded by stating: Il have
heard of men committing a crime in the
heat of passion, but never have heard
of man hugging to his bosom a ha-
tired for thirteen years, and with g!
Ill
liberately constructing an Internal ma
chine that might destroy scores of in
nocent lives to attain his end
M. Westervelt's Plea.
Mr.. Westervelt prefaced the opening
argument for the defense by express
ing his horror for the crime charged.
and cautioning the jury not to rely too
much on circumstantial evidence. The,
prosecution, he said, had not connected
the defendant with any OF the acts in
this case. They had not proved that
Smith made the boxes. or anything else
to assert the charge of assault TO COM
NIT murder Coming down to the testi-
mony of the various witnesses counsel
contended that the evidence of Diddle-
combe, who admitted on the stand that
he had been an inmate of the peniten-
tiary. was not worthy of credence.
Clearly, said the attorney, the defend-
ant was the victim Of diabolical plot
on the part of others who were hiding
themselves behind Smith.
AS to the story of that nice little
blue-eyed boy, Peck, who said he coul.
lie when he wanted to-" that was not
worthy of one moments consideration,
said the counsel. Mr.. WeSteryelt con-
tended that even If the defendant did
cut off the tail of his coat, which act
the state tried to make so much Of
that was no crime to send q man to
the penitentiary for twenty years.
Mr.. Truman Closes.
Mr.. Truman occupied the remaining
nineteen minutes of the time allotted TO
the defense. He opened his argument
with the statement that like drown
ing man the defense was going to stick
to the plank to the last Continuing.
Mr.. Truman dwelt upon the fact that
Judge Powers. Judge Rolapp. DR.. Pike
and Sheriff Crookston each gave a diff,
ferent version of the alleged threats
uttered in the court room thirteen yelrs
ago. He laid stress upon the purported
alibi. Phillips, he said. saw the defend
ant at the mine at 3 o'clock. while the
express agent, Duggan, said he thought
it was between 4 and o'clock when the
boxes were deposited with him at Eu-
reka.
Mr.. Truman proceeded to relate sew
eral personal experiences covering mis-
taken identity, and claimed that Mrs.
Burt was mistaken when she stated she
saw Smith in Eureka. The attorney
then launched into a technical argu-
ment on the law governing assault.
Judge Powers. he said. testified that an
intuition came over him that the box
in front OF him was an Internal ma
chine, yet he said he picked it up and
deliberately shook it, and it emitted a
sound as though it contained dry SAND. (,
With that action said Mr. Truman.
our present ability to commit an as, /
sault with attempt to murder ceased. |
If there is any crime committed at all /
it is an attempt to commit murder anc
not an assault"
''Biddlecombe, Peck & Co.. came in
for a right royal scorching. In thir
vein the Nebraska lawyer handled !
every straw which was floating within |
grasp of the defense. He concluded his !
argument by asking for an acquittal
of the defendant.
The court adjourned until 10 o'clocl !
this morning, when Mr.. Putnam will
deliver the closing argument for the
state. and the accused mans fate will
be left in the hands of the Jury.
America Advancing.
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