Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-14
TINT nErwEEN ATTORNEYS.

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a little warm. when Judge Norrcll
rnppcd his desk and insisted on order.
Things then cooled on again.
smith was told by the court Go let
Mr, Putnam eec the cheek book. an Or
dcr he did not comply with very cheer
fully' Tho prosecutor, after haaty
eNainlnatlon ~ the contents, asked the
possession Of tn. memorandum. when
h. spt ~. srr how ,,c came by n. smith
said he had had the book for months.
u was In the sack he carried when ar
rested by th. Eureka city marshal. n
Mr. Putnam did not believe him. he
when Me-. Putnam said. Then you adj
nit Marshal Hcnriod can tell the truth.
do you?''
THE DEFENSE RESTS.
Thcn the county attorney proceeded
20 ask Smith how long II was since
he commenced 10 keep o diary. Smith
replied by stating II was an old habit
90 Keen an account of the chief Incidents
of his NE. II was a sott ~ "Knth-
lrcn Mnvournecn" matter with him,
maybe for years and maybe forever"
lie gave a look ~ the county attorney
that was more significant than words.
when the latter Inquired Of him n IL
wasn't fact that h. wrote some Of the
fff'ht'f" 'tAhtfN'U III wv NNNN NNU1f NV
confinement In the county Jail "Of
course u Amt fact" replied Smith,
with evident disgust. There was some
further questioning on the part 81 tho
prosecutor and Mr. Truman and after
the latter had offered three pieces of
string IN evidence. counsel for defense
said' ''rhata oil; we rest"
EVIDENCE IN REBuTTrAL
Then the State called the following
named witnessed In rcbuttal: Arthur
Pratt. Joseph Biddlccome. Judge Pow.
cfs. Attorney Oustin. Warden Dow.
George y. Carpenter Oliver Hack-
man, charlcH Hayden. George PhiIiip-.
Deputy sheriffs pow-c and Macdur.
MT Pratt did not remember the con-
Ncrsatlon between the defendant and
blddlccomc knew nothing ~ IN. .uli
Transaction, but was acquainted with
Lnlc Utterly. Had never heard OF an
Individual by the name Of Butler, al
Diamond.
POWERS AND TRUMAN.
judge Powers, In answer TO Mr.. Put
nam. denied that he had written aov.
steunenberg protesting against a
pardon being granted smith Did not
Know Smith was In the Idaho peniten-
uary . any other penltcntinry: had
not written the governor Of Idaho, nor
the governor OF any other State re-.
s'fdlng smith. Noticed the clothes the
dttehuant had ON when at tho police
station, They dld not come any where
near hitting him; the pants werr too
long Ia the logs and the sleeves were
too long In the arms.
Are you an expert on nts7" enqulred
attorney Truman. know you are an
See here sir" said Judge Powers, IN
= sudden beat u passion. pointing the
index finger OF his left hand al Mr..
truman, II want you to understand
that am not here to testify falsely,
ana ] don't want an intimation from
you mat ! would do so. either. rcmem-
Judge Norren raped for order. Judge
Powers settled back In tho witness
chair. all the while looking daggers at
Attorney Truman. and the crosE-exam-
fully.
ii did not mean to convey the ilea
that you would testify falsely In this
OF any other case, Judge Powers. said
Mr. Truman, l have too much respect
for you for that"
Wen. I'm no tailor. n that's what
YOU want To know" remarked Judge
Powers, amid a burst Of laughter, In
which the witness himself Joined.
II know you're not" said Mr.. Tru-
man. You didn't make n critical ex-
animation OF the defendants clothes.
did you2 enqulred counsel.
did. looked him over very care
fully"
Why"
because had learned that In his
sack he carried black suit. said bptv
officers To belong 10 another party. 1
was told by the officers that he wanted
To change the clothes he had on when
arrested, for this suit. and his conduct
IN THIS matter was regarded as pecu-
liar"
Judge Powers then told the good
view he had 81 Smith az the police
court. and the excellent opportunity az
forded him Of studying infinitely the
prisoners dress There was no doubt In
his mind about the clothes being too
big for Smith. not the least Bit
y. J. Guatln said he was present at
the preliminary hearing and noticed
Smiths clothes. The trousers were too
long. as also Were the coat tails, which,
Witness said, touched the knees. The
coat ntncd Smith like sack not
sack coat, but gunny sack.
Warden Dow and Reporter Carpenter
corroboratcd the last two witnesses.
and Indirectly criticized smiths tailor
severely.
Mr.. Carpenter said he did not know
whether Smith wore suspenders when
~" saw MN W tNf urpnf ana lhtef at TIE
police station. II would. perhaps. have
made a difference n he had. Witness
knew II would make a difference with
him, but he was uuable Ia say how II
would AFFECT others. Some men wore
bolts. That's ALL" said Mr.. Truman,
and the expert" loft the stand with a
look on his face suggestive OF Sam
Weller who Is reported to have said al
tho Bardell trial, Anyone else that
would like TO axe me a question or
tWo2"
oliver Dochmcr was called by the
State and examined the coat worn by
the defendant. He said the tails and
slceyea We're hand sewn and tho rest
machine sewn.
Charles Hayden. George Phillips and
Deputy sheriff DowEe gave testimony
In rebuttal. after which u recess was
taken,
JAILoR THOMAS TEsTIFIEs.
T. u. Thomas. Jr.. county Tailor. tea-
TILED that Smith had been under his
care since August 20. The clothes now
worn by Smith had been In SmithH
possession part OF the time, and locked
up In n wardrobe part Of the time
Smith used thread IN his cell. He had
also been given n scissors 60 cut the
other prisOnera' hair with. Never saw
him cut clothes with the scissors. He
could have done so without witness
knowledge.
GOV. THOMAS CALLED.
Ex.Goy. Arthur L. Thomas was called