The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-14
Swears Witnesses A inst Him Are
Liars.
NEVER MADE ANY THREATS
PROSECUTION RESULT OF POLL
TIcAL CORRUPTION
Accused Dynamiter Attempts to Ac-
count For His Movements About
the Time When He Is Alleged to
Have Shipped Internal Machines
to Judge Powers and Warden Dow


After the space of eight days the trial
of the accused @dynamiter Smith has
reached the stage when the defendant
has been placed upon the witness stand
to give his version OF the piece of po-
liticai corruption which has landed
him in his present unenyiabIe predica-
ment. s~
The accused man, with his hand dra-
matically raised TO heaven, yesterday
declared that he was the victim of a
base conspiracy, and that all the wit
nesses who had testified against him
We're perjured pack of prevaricators.
His line of testimony did not materially
strengthen the case for the defense.
The important witnesses, four in num-
Der, for whom subpoenas had been is
sued. did not materialize. and Smith
was left to fight his desperate case
alone. It now looks as though the
case may go TO the jury tonight or at
the latest on Friday.
Wanted Exhibits Excluded.
When court opened yesterday morn
ing the jury was excused while Attor-
ney Westervelt noved thar all the ex-
hibits shown during the trial. which
were alleged to have come from the
Pacific mine shaft house, and all the
testimony thereon, be excluded on the
ground that the state had failed to pro-
duce any evidence TO connect the de-
PENDANT with the same. After arguing
and submitting the motion the court
overruled the motion, the jurymen filed
into their seats and the trial pro-
ceeded.
After Mr.. Truman had concluded his
opening remarks. William Rose. a
miner in the employ of.the Joe Bowers
Extension. was the first witness called
by the defense. He stated that he had
lived, off and on. in Diamond for the
last twenty years Rose said he was in
Payson when Smith was arrested. ''Or
a day or two prior to the arrest he
said he saw Smith in Diamond, as he
was driving n hack over TO Silver City
TO catch the 800 train. Witness asked
Smith the time, but did not stop. Efforts
on the part of the defense failed to con-
meet the date with that on which Smith
is alleged to have expressed the two
boxes from Eureka TO Salt Lake.
On cross-eXamination witness stated
that he had known Smith for years
he met him in the penitentiary. where,
he said. Il was convicted on little
crime of grand larceny of Sam McIn-
tyres money
As soon as Rose had been excused
Attorney Truman arose and asked that
the case be continued for the term. He
based his motion on the fact that four
witnesses William Marley, James Ja7
cobs, Lafe Utley and J. NJ. Jameson, for
whom subpoenas had been issued, could
not be found. and their absence MAJ
terially jeopardized the interests Of the
defense Mr. Truman offered in sup
port of his motion an affidavit by Smith
to the effect that Markley saw and
spoke with affiant in front of Browns
hotel in Diamond at 10 o'clock p. m. on
Aug. %, 1899. ~ - sbfrt
James Jacobs. if present, would tes-
tify that on the same date he and
Smith took a drink together at Doyles
saloon in Diamond; also on Aug. IL
Jacobs told affiant that he thought it
unsafe for him. affiant, TO leave his
pistol lying around, because some one
might steal it. and told him he had bet
Ter make a box to keep il in: that affi
ant thereupon asked Jacobs if he had
some hinges, or knew where he could
get any.
Lafe Utley. if present. would testify
that on the evening of the 2Ith of Aug
usr, 1899. he sold Smith black cut
away suit Of clothes. and that he would
identify said suit as that which Smith
had in his possession when arrested.
That ]. NJ. Jameson would testify, if
present. that on the evening of Aug. 30
or 3. he saw a man standing in front
of Browns hotel in Diamond; that he
saw this man hand Smith an envelope
and ask him To address il to Judge
.. w. Powers. and that he saw Smith
ultimately return from the hotel and
hand the envelope to the man outside.
Overruled the Motion.
Mr.. Putnam vigorously opposed the
motion on the ground that the defense
had ample time to prepare its case and
prepare for such contingencies. Judge
Norrell overruled the motion. cOnclud-
ing his ruling with the remark: IF
anything. l desire to be entirely fair
but 1 cannot grant a continuance
Were I to grant the motion at this time
ii would certainly give the defendant
an opportunity at the next trial to
plead former jeopardy"
George Phillips, who was recalled by
the defense. testified that he had
known the defendant since the end of
July last Witness said he remembered
seeing the defendant on Aug - at
about $3.50 p. m. at the Diamond Con-
solidated mine-the date on which the
accused man is alleged to have ex,
pressed the two packages at Eureka.
ar. Truman endeavored to throw some
light on the waste" subject, but wit
ness said he knew nothing about the
material which was around the engine
room at the mine. He said he always
had sufficient for his own use while
employed there.
Emery Ward. upon being called. tes-
tilted that he has resided in Salt Lake
since 1870. He knew the defendant in
1898. when witness was a guard at the
penitentiary. Mr.. Ward stated Smith
was placed in the cage house at the
prison by himself, and was kept alone
and aloof from the other prisoners.
How long was he in the cage
house," asked Mr.. Truman.
Il Should judge about four or five
months
In answer to further questions. wit
ness testified that il WAS extremely i'm
probable that Smith had any CONVEX
sation with other prisoners while he
was in solitary confinement
Arthur Pratt stated he was warden
of the penitentiary during the .time that
Smith was an inmate of the prison. He
said that all written commanica tons.
TO ana from the prisoners under his
charge. underwent scrutiny.
DO You remembers any threatening
letter being written and sent by the de-
PENDANT to Judge Powers while he was
under your CHARGE
No, sir SO
In answer to Mr. Putnam. witness
stated THAI once in awhile it was pos
siole for prisoners to snluggie out let
ters unknown TO the guard
Smith On the Stand.
THE defendant was then put on the
stand. The accused man walked TO the
box calmly, and throughout the entire
time he was testifying only once did
he raise his voice or appear 10 be at all
excited. He told his story with care
f,1I deiiberaticn and due regard 10 de-