The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-04-09

he entered it, if he did enter it. The
interest that the defendant himself
his wife and his mother had in the
case was cited as reason for the jury
not to put too much faith in their tes-
timony to the effect that Jones en-
tered his own house at 6:15 o'clock and
did not leave till after Z, and the wit
ness Browns testimony that ne met
Jones at the corner of Fifth South and
Main streets, close to the scene of the
shooting, on that night, at 600 o'clock,
was also urged as strongly showing
that Jones was the guilty man. Dis
credit was thrown on Clovis testimony,
who said he saw Kraut on Second
South at time when kraut swore he
was in the neighborhood of Fifth South
street, and Clovis testimony that
Kraut said he would get out of town
if he could get money enough, so as
not to testify in the case, was ridi-
culed.
SENATOR BROWN.
Ex-senator Brown followed Mr.. Van
Cott. For the defense Mr.. Brown said
that in the eight or nine years Jones
and Stout have been in Salt Lake,
Jones now finds a friend in every Of
ficer Of the bank, while the bank di-
rectors wouldn't believe Stout under
oath. Counsel then reviewed the tes-
shooting, arguing that Stoutt's testi-
mony alone fastened the crime on
Jones, and Stoutt was impeached, coun-
sci said, on every hand, while Jones
testimony was supported by many
witnesses, and he stood absolutely un-
contradicted by anybody. Stout, coun-
sci argued, was impeached by his own
testimony as well as by that of other
witnesses. He fixed the place of the
shooting at two different points, one at
the preliminary. hearing and differ
ent one az this trial. DR.. Pinkerton's
statement, made in the old city hall
on the night Jones was arrested, to the
effect that that boy Jones never Shot
Stout" Mr.. Brown held as an i'm
peachment of Stout. If Jones as
sassinated Stout he had murder in his
heart; if he didn't, then Stout accused
an innocent man and must be the most
degraded scoundrel on earth. Mr..
Brown then argued that Jones state
ments and demeanor in the presence
of Chief Pratt and other officers was
altogether consistent with innocence.
Counsel had nothing to say by way of
throwing discredit on Chief PrattS
testimony, but he characterized Pratts
action in arresting Jones and taking
him to the police station and question
ing him, as was done, as a species of
inquisition, and most reprehensible.
According to the procedure of the Of
fcers, counsel urged that courts and
iurieS are unnecessary. Just let Pratt,
Sheets and Gillespie try accused peo-
pie and pronounce them guilty, be-
cause in their estimation they look
guilty.
Counsel reviewed the testimony of
several of the witnesses. pointed out
drawing the conclusion
that there was no substance in the
charge against Jones, nothing in the
whole case, in fact, except that there
is a Fifth South street and billboard.
Mr.. Brown pointed out that although
the three little girls and others testi-
fed that they had seen man running
and no doubt they did see somebody
running, there was not even an init
nation in the testimony that Jones
was that man. Counsel thought that
somebody had persuaded the three
truthful little girls to say they
when they saw the man run
ming. why the devil didn't
counsel They only said it after Kraut
had testified that he heard them
and, said counsel, it was neces-
sary to sustain Kraut.
Mr.. Brown then went into the ques-
ton of time and the discrepancies in
the testimony in that regard, drawing
the deduction that the shooting must
have taken place at 6:15 o'clock, it
having been proved by vast pre-
pOnderance of evidence that the street
car upon which Stout rode from Muir
ray arrived on time at Fifth South
street Counsel further argued that
the testimony showed that it was i'm
possible for Stout to recognize any
body from the place where he said he
stood when he was shot. Also it was
singular that Kraut was the only one
out of a dozen witnesses who heard
two shots. All but Kraut heard only
1ne shot. Kraut also swore that he
saw a man running away and that he
could see his features. Why, even
Pratt, Sheets and Gillespie couldn't
stand that. said counsel. Counsel aver
red that all Kraut wanted was to get
4 little money out of Jones to get out
lf town with. The direction of the
wind, the government observer testi-
led, was from the southeast on the
night of the shooting, while witnesses
or the prosecution said it was from
he northwest. The prosecution goes
lgainst even the elements. Mrs. Miller
.estified that she saw a man around
Stoutt's yard. 1t wasn't our Beecherite |
'riend Stout and it wasn't Jones. She !
d
or widow to see a man and not at
Ill improper, said counsel. Mrs. Aiiller's !
testimony amounted to nothing. Com
ne to the testimony of w. NJ. Brown, |
which was that he met Jones at the !
.orner of Fifth South and Main streets |
It ESQ on the night of the shooting, |
counsel discredited the statement Of !
he witness from the fact that he could |
rot remember other circumstances con-
h;
he had not told anybody about it but |
lis mother and had carefully kept it |
secret at the request of the police. !!
Counsel blamed the county attorney |
or keeping Browns testimony back !
i'll the last minute, then said counsel, |
Brown came to me at u o'clock to- |
lay and tried to bully me and prevent |
ne from discussing his testimony to
-ou, gentlemen of the jury"
Counsel contended that Stout could |
lot have recognized anybody, because |
md that the nature of the wound was
;uch that Stout could easily have in |
iicted it himself, and that it was |
scarcely possible that it could have !
,een inflicted by anyone standing in |
ront of Stout.
Counsel then compared the credulity !
# the witnesses on each side, drawing |
he deduction that Stout and some |
,thers for the prosecution were un-
worthy of belief. while Jones, his wife, |
mother and others stood uncontradicted |
n any particular. Mr.. Brown then !
urned his attention again to the con-
luct of Chief Pratt and Detectives |
sheets and Gillespie in dealing with |
ones after arresting him. He said the |
Ulcers were the criminals for prac-
icing the inquisition of old Spain in |
tempting to extort a confession of |
-uilt. Even murder was a small crime |
to theirs. Anybody. said !
ounsel, who would threaten to tell |
hat Jones was a bastard. was vile |
j, d.,