Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-15
SMITH IS FOUND
GUILTY BY JURY
Scene In the Court Room AAsr
Verdict Was Read.
SENTENCED ON MONDAY.
Jurors Only Took On. us,,o,-o..,..
Incident. Of the Noted
Trial.

II did not take che Jury In tho dyna.
mite case many minutes to md the de-
PENDANT John Y. Smith. alias Mcpon-
nell guilty Of assault with intent a.
XIII iudse o. w. Powers
The ease was submitted a few min.
u'es after II o'clock this nothing and
Inside of thirty minutes q verdict wa.
returned.
one Informal ballot only wa. taken.
ana u was unanimous for oonylctlon.
While the Jury was out. Smith chat.
ted With Assistant County Attorney
6unter. sicnographcr Pike. clerk RAW.
lings and che reporters Of the daily
papers. lie seemed quite cheerful ana
reiterated the statement he had mIds
ON the witness stand that all tho wit
ncsscs who testified against him WEI. .
pack u llara." lie was quite socla-
bic with Attorney ountcr and called
MIN "old man. He though, he rec
uaniczd In the prosecutor an lndlyldu,ll
VINO was present az his trial thlflecn
NtP ~ PAa'N tuhter assured
smith that he waa no 1.-THE man and
the latter Iocularly remarked. n r,ls.,
It's another Of these eases OF mistaken
Identity" 0unter laughed. az dld the
Others, and said he guessed II was. Then
smith related certain Incidents of IN,
tfial, ana cndeaVuied 10 show how soin.
OF the witnesses pteyaricalcd. Every
now and again he would exclalm. hls
eyes liked on GunicT. You see how tbs
devil He'd" Cuntcr was evidently in
no mood for an argument, ~ he &C.
gulesocd BY q nod OF the head 10 all
Smith said
when the bailln raped for order.
smith had smile on bis face yard
long when the Jurors had taken their
seats. his countenancs wore a changed
expression. While the pro, s,dings. In
cidonial To the nlinE and reading ot
verdict. were going on. he sat with
his eyes fixed on The Jury box. The
Look thai Smith elves one Il known In
court and scientific circles AS the 'hyp-
nQtio starr. fic has not been known
10 hypnotizc anyone, but Il Is a fact that
he made a number u pcope, especially
tha Witnesses and Juror. feel very I'M
comfortable during the tr.ai whenever
his gaze met their. I.
smith newer once took his c<sd on
the Jury box ana acted like one who nal
not the slightest Interest IN what vac
c9lng on. When the clerk said guilty,
smith heavcd deep sich and turned
deathly pale, but he continued 10 stare.
i, waf not until sheriff Howelis had
irus he'd him on the back and told him
TO come along" DID the prisoner re-
move his eyes from where they had
been ,ransnxed for fully ten minutes.
when the officer touched him, he start
ed. locked Wildly around. left his seat
and was soon out of the building. walk
lrg towards the county jail. ON tho
road 10 the jail he seemed all broke up.
and seemed anxious 20 know what hts
sentence would be-. Il 10 believed JudAe
Norrcli VIII give the defendant the fun
penalty Of the law. which IL twenty
years In the state prison.
ARGUMENTS OF COUNSEL
When the News" report closed yes
terdny Assistant County Attorney Ray
Van Colt had begun his argument 10
the jury, He reviewed he case thor
oughly and said the evidence against
the defendant was overwhelming,
Mr.. Van colt was followed by MI
Wcsteryelt. for the defense. He eau-
toned the Jury not 10 place TOO much
reliance on clfcumstunclai evidence.
He claimed the defendant was the We.
tim Of "a plot connected and planned
by enemies " smith.
Mr.. Truman closed for the defonse.
referring TO Judge Powers direct tesu-
mony, Mr. Truman said the fact that
the fudge deliberately shook the box
after receiving II from the express de-
livery man. when be knew II was AZ
Internal machine, showed that ne dia
not place much confidence IN the ihtul-
tion that came over HIN. MI. truman
concluded by asking the Jury to aeaui'
Court then adjourned until 10 o'clock
this morning.
MIR. PUTNAM CLOSES.
This morning Mr Putnam concluded
the arguments for the State. He saii
the defendant was guilty 81 the crime
on Assault with intent 10 Kin. II had
been 80 proved beyond any question ot
doubt. Mir. Putnam further stated mat
Smith was Possessed OF uepfaNeu
mind. as may be Judged from me iacs
that he had already served term. oI
imprisonment In the Utah and in@h'
penitentlarlts.
county attorney as an utterly reohsss'
bold and desperate man. but withal IN.
genious and clever. as was evidenced ny
,he construction Of the internal ma
tutoring to smiths testimony MI;
Putnam said 80 had been conlfadNtsi
is Judges Powers and Roiappi ~.
Pike. SherlffA Cr0Oluion ava b,".p.
GOV. Thomas nud Chief Prau ana wv.
ors. The defendant MT Futnaln
clnlmed. had pefiurcd himself On 49,
Important point IN the case ana "a'
lsaHNmN
NJ Putnam thrn proceeded TO review
the details " the crime CHARGED, anu
said the plot theory rested sole'y ."
" You ncduit this defendant; ~.
Putnam said. You stamp the SV''s'
witnesses as pcrlnfors -, ...,.,v
In conclusion Mr. Putnam sall society,"
ought "a be projected from .uVh , w.
as Smith, His crime, me pi'Ssrr,s ',.,.
said. was most despleanie ons, snniS
was not one man In q mlllcn N"o .v az,
ana No Jurors owed II TO themselves
1nI HE public 10 ind the defendans,
eulitv 20 that he could DC plas'a
whsr, he could DO no further ha''n'
JURY INSTRUCTED.
Judge Norrel then instructed me
i,,,,prs and al II o'clock they were tANs.
To- thelr room by Dalif Nay'Si, rr'ii
ii;t5 II was reported TO judge Hy'Tf,
that they had agreed on a Ee KY eou,t
a few seconds they died mo w. hoy ox
and took their seats ~ tne juhsy hnl
Judge Norrell sn9 ii,, Fireman Alex
g I'm onswered and said We have,
MA I naner was handed CLERK kawN ~
who showed it 10 Judge NoFrsi' t''