Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-15
Scene in the Court Room Ansr
Verdict Was Read.
SENTENCED ON MONDAY,
Jurors Only Took One BalIot-ClosIne
incidents OF the Noted
Trial.

1t did not take Che Jury In the dyna.
mite case many minutes 10 ind the de-
PENDANT John Y. Smith. alias McDon-
nell guilty Of assault with intent 10
XIII Judge o. w. Powers.
The case was submitted a few min.
utes after Il o'clock this morning. and
inside Of thirty minutes a verde, was
returned
one informal ballot only was taken.
and 1t was unanimous for conviction.
While the jury was out, Smith chat.
ted with Assistant County Attorney
Gunter stenographer Pike. Clerk Raw.
lings and the reporters OF the daily
papers. He seemed quite cheerful and
reiterated the statement he had mdds
on the witness stand that all the Wit
nesses who testified against him were a
pack Of liars" He was quite socla-
bic with Attorney Gunter and caned
him "old man." He thought he rec
oGniezd In the prosecutor an individual
who was present at his trial thirteen
years ago IN Ogden. Gunter assured
smith that he was no 1.-THE mai and
the latter Jocularly remarked: II guess
It's another Of these cases Of mistaken
identity Gunter laughed, az did the
others, and said he guessed Il was Then
Smith related certain Incidents of tho
trial, and endeayaed 70 show how some
OF the witnesses preyaricated. Every
now and again he would exclaim, his
eyes fixed on Gunier: You see how The
devil lied" Gunter was evidently In
no mood for an argument. 50 he &C.
qulesced by nod Of the head to all
Smith said.
When the balllf raped for order.
Smith had q smile on his face a yard,
long when the Jurors had taken Their
seats, his c0untenance wore changed
expression. While the prot ceilings IN
cldental to the fling and reading Of
verdict, We're going on, he sat with
his eyes fixed on he Jury box The
l0ak thai Smith elves one Is known In
court and scientific circles as the 'hyp-
motto stare. He has not been known
10 hypnotic anyone but Il Is fac, that
be made a number u pegDe, especially
the witnesses and jurors. feel very .un-
comfortable during the trial Whenever
his gaze met theirs. .
Smith never once took his eses on
the ilfy box ana acted Ike one who had
not the slightest Interest In what vas
going on. When The clerk said guilty,
Smlth' heayed a deep SIGH and turned
deathly pale, but he continued 10 stare.
i, was not until Sheriff Hogells had
touched him on the back and told him
TO come along" did the prisoner re-
move his eyes from where they had
been ,ranshxed FOR fully ten minutes.
When the officer touched him, he start
ed. locked wildly around, lett his seat
and wac soon out Of the building. walk
ing towards the county jail. on the
road 70 the jail he seemed all broke up,
and seemed anxious 10 know what his
sentence would be, Il Is believed Judge
Norrell will give the defendant the fuli
penalty OF the law. which Is twenty
years In the State prison
ARGUMENTS OF COUNSEL.
When the News" report closed yes
terday Assistant County Attorney Ray
Van Cott had begun his argument 70
the Jury. He reviewed ne case thor.
Oughly and said the evidence against
the defendant was overwhelming.
Mr.. Van Colt was followed by MI
Westeryelt. FOR the defense. He eau
toned the jury not TO place too muen
reliance on clrcumstancial evidence.
He claimed the defendant was the VIC
tim Of a plot concocted and planned
by enemies Of smith. 80,
Mr.. Truman closed for the defense'
Referring 10 Judge Powers direct tesu.
nony. Nj. Truman said the fact mat
the Judge deliberately shook the box
after receiving II from the express de-
livery man, when he knew II was hn
Internal machine, showed that he did
not place much confidence IN me lhtui-
ton that came over him. MI Irulna.
concluded by asking the jury 10 Aoqn'
the defendant -, "a ...,,.,
Court then adjourned until 10 O'CLOCK
this morning,
Mr.. PUTNAM CLOSES.
This morning Mr. Putnam concluded
the arguments for the state. ne 81"
The defendant was guilty Of the erime
OF assault with intent 10 XII y nag
haen so proved beyond any question vt
doubt. Mr.. Putnam further stated INA.
Smith was possessed o. osprusss.
mind. rs may be judged from lne iAes
that he had already served Is'n,. 49,
Imprisonment In the Utah ana UNIV
smith was also characterized ~ 'hs
county attorney as an utterly reoksess'
hold and desperate man. but witnaj ~
gsnious and clever. as was evidenced "
he construction Of the inieFna NM
Referring 10 smiths Testimony Mr;
putnam said it had been conuaeNre'
by mdges Powers and Rolapp' ".
pho sherlNs CrOokston ana belnap'
CIV. Thomas and Chief Pratt ena ON.
ore The defendant MT. Futha.
claimed had perjurpd himself On every
Important point u the cast a-'
unworthy Of belief - :, rsv,sw
Mr. Putnam then proceedec % Ie' go
The details u the crime charssu, 80
said the plot theory reslea so'e'' '"
Smiths testimony ..,r ur
M YOU acqult this defendant a,:
putnam said. you stamp Tue s'A0s'
witnesses as perjurors "A, .oo,s,v
liz concluslon Mr. Putnam sala soeies
oneh, IA be protected from .uen ~.
ss smith His crime, The pross-rr,uso ..
sald was a most desplcahe ons, .a ne,S
vlss not one man 10 o million VINO CUT
he CAPABLE Of committing suSh AT 49,
"a ,be Jurors owed il 70 theinseNs,
ana The public to find me Seis .iaass
sni,v 90 that he could DC p,n.''
where he could 90 no further ha''H
JURY INSTRUCTED
Judge Norren then lnsirustea, s sas
,,,yars and al II o'clock they were 'AN. ,,
- tbeir room by Danlf Mayer, ~
- "a a. was reported to Judge Sof'ga
ib S they had agreed on 0 ve iSl cor ~
n few seconds they died inio ans e box
q "a, az ,ook ,helr seats In the jary VA s
9 M ~ Sorreil enqulred II they M
y S ~r upon q verdict. FcrsnAh s r
Sohn answered and SAID We .. nSrs
TIE ,,I napsr was handed cle.k hs""r ~.
who showed It TO Judge s0'''