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


sisted that he had q right TO look al
lt. Nh Truman objected, and then
lively tilt occurred between the prose
cutor and counsel for defense, during
which Mr. Truman wanted TO know II
Mr.. Putnam wouldnt lire Smith 20 turn
his pockets inside out for the county
attorneys benefit.
TILT BETWEEN ATTORNEYS.
I'm conducting this prosecution
said Mr.. Putnam.
Yes and I'm defending him." said
MI Truman, "and It's just IS much
your duty, II you only understood H.
10 guard this mans rights and see that
no undue advantage Is taken Of him,
a. II IL to prosecute him"
Mr.. Putnam said he dld not want a
lecture from counsel, and the 0tmos-
phere Of the court room was becoming
a little warm. when Judge Norrell
raped his desk and insisted on order,
Things then cooled OF again.
Smith was told by the court 60 let
Mr., Putnam see the check book, an or
DER he did not comply with very cheer
fully The prosecutor, after q hasty
examination u the contents, asked the
defendant how long he had been in
possession OF the memorandum, when
he got IL, and how he came by II. Smith
said he had had the book for months
II was in the sack he carried when ar
rested by the Eureka city marshal. II
Mr. Putnam did not believe him. he
could ask Henriod Smith collapsed
when Mr.. Putnam said: Then you ad.
nit Marshal Henrlod can tell the truth,
do you?'
THE DEFENSE RESTS.
Then the county attorney proceeded
10 ask Smith how long It was since
ne commenced TO keep a diary. Smith
replied by stating II was an old habit
60 Keep an account OF the chief incidents
Of his life; 1t was a sort OF a "Kath-
Teen Mayourneen" matter with him.
maybe for years and maybe forever"
lie gave "a look AZ the county attorney
that was more significant than words.
when the latter inquired Of him II IL
wasn't a fact that he wrote some OF the
matters contained in the book since his
confinement In the county Jail "Of
course II amt a fact" replied Smith.
with evident disgust. There was some
further questioning on the part Of the
prosecutor and Mr.. Truman and after
the latter had offered three pieces Of
string In evidence. counsel for defense
said; That's ell we rest"
EVIDENCE IN REBUTTTAL
Then the State called the following
named witnesses in rebuttal: Arthur
Pratt, joseph Blddlecome. Judge Pow.
efs. Attorney Gustin, Warden Dow.
George 70. Carpenter, Oliver Back
man Charles Hayden, George Phillips.
Deputy Sheriffs Dowse and Macduff.
hr. Pratt did not remember the con.
Versatlon between the defendant and
ex-Gov Thomas. testified to by Smith.
Bddlecome knew nothing Of the sui,
Transaction, but was acquainted with
LATE Utterly. Had never heard OF an
individual By the name OF Butler. an
Diamond.
POWERS AND TRUMAN.
Judge Powers, in answer to Mr.. Put.
nam, denied that he had written Gov.
steunenberg protesting against
pardon being granted Smith. Did not
KNOW smith was In the Idaho peniten-
uary, ~ any other penltentlary: had
not written the governor Of Idaho, nor
the governor Of any other State Re.
garding Smith. Noticed the clothes the
defendant had on when at the police
station. They did not come any where
near hitting him; the pants were too
long In the legs and the sleeves were
too long In the arms.
Are sou an expert on fits?" endured
Attorney Truman. Il know you are an
expert on law. but"
See here sir" said Judge Powers. In
a sudden heat Of passion, pointing the
index finger OF his left hand al Mr.
Truman, Il want you to understand
that J am not here 10 testify falsely
and I don't want an intimation from
you that ! would do SO, either: remem-
Der that
Judge Norreli raped for order. Judge
Powers settled back In the witness
chair, AL the while looking daggers at
Attorney Truman, and the cross-exam-
lnation Afterwards proceeded peace
fully.
Il did not mean to convey the idea
that you would testify falsely In this
or any other case, Judge Powers, said
Mr Truman. ] have too much respect
for you for that"
Well I'm no tailor, II that's what
you want 10 know" remarked Judge
Powers, amid a burst OF laughter, In
which the witness himself Joined.
Il know you're not said Mr.. Tru-
man. you didn't make a critical ex-
Of the defendants clothes.
did you? enquired counsel.
I did. / looked him over very care
fully"
"Why?"
Because | had learned that In his
sack he carried a black suit, said bItJ
officers 10 belong 10 another party. /
was told by the officers that he wanted
TO change the clothes he had on when
for this suit and his conduct
In this matter was regarded as pecu- !
liar"
Judge Powers then told the good |
view he had OF Smith at 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.
+. j. Gustin said he was present az |
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 fitted Smith like a sack, not
sack coat, but a gunny sack.
Warden Dow and Reporter Carpenter |
corroborated the last two witnesses.
and Indirectly criticized Smiths tailor
severely
Mr. Carpenter said he did not know
whether Smith wore suspenders when
be saw him at the depot and later at the
police station II would, perhaps. have
made a difference II he had. Witness