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


Arguments.
The Stoutt-Jones shooting case reach
ed the jury at 4:1O o'clock YESTERDAY
afternoon, and half an hour afterwards
verdict Of not guilty was returned
But one ballot was taken by the jurors
when they reached their room. Seven
of the little pieces of paper were mark
ed, Not guilty" and one bore the word
Doubtful" The member who cast that
ballot said he did so only for the pur-
pose Of getting the question discussed
but he now thought that was unneces-
sary ana withdrew the Doubtful and
substituted Not guilty" That settled
it in less than five minutes after the
jurors reached their room. They smok-
ed their cigars for half an hour, filled
up the blank form of verdict at their
leisure, returned into court and handed
in the verdict.
IT was no surprise to those who had
followed the case, everybody concur
ring in the view that the evidence as
laid before the jurors was such as to
demand an acouittal. In fact, one of
the Jurors said that if the case had
rested and before the defense had Of
fered any testimony at all. the verdict
would have been an acquittal At no
time in their arguments TO the jury did
either counsel for the prosecution ask
the jury 10 find the defendant guilty.
Jones took il very calmly and was
warmly CONGRATULATED by his friends.
His wife and his mother who have been
almost constant attendants since the
a
verdict was announced. Arthur Brown,
leading counsel fer the defendant, and
Jones shook hands warmly with each
member of the jury as he left the box
after being discharged from the case.
The trial occupied eleven fun days.
and all parties concerned are pleased
that it is over.
Nearly all of yesterday was occupied
by counsel in making their arguments
10 the jury. the testimony having prac-
tically been concluded on Friday. The
technical charge against Jones was as
sault with intent to commit murder.
The punishment provided by statute for
persons convicted Of that crime is from
one TO twenty years in the state prison.
HIS HONOR REFUSES TO RECEDE.
Yesterday morning for three-quarters
of an hour counsel in the Stoutt-Jones
case argued on the question of the ad-
instability of testimony explanatory of
Stoutt's statement made 10 Chief Pratt
as testified to by Pratt. that he (Stoutt)
did not know who shot him, but Judge
Norrell refused to change his former
ruling and the preferred testimony was
excluded.
The court said that although the rule
was broader than at first the court con-
sidered. it was not broad enough to
warrant. the testimony being allowed to
go TO the jury, especially in view of the
fact that Stout did not admit that he
had stated that he didn't know who
shot him; the furthest he went in the
way of admission being to say that he
was suffering so much at the time that
he didn't remember what he said.
The explanation which it was desired
TO make was that Stout, his wife and
his personal friends were large stock
holders in the bank, and Stout feared
that if ii became known that Jones, the
cashier, shot him, the president. it
would cause run on the bank. and he
and his friends would be ruined When,
however. the doctor told him that he
was likely to die or at least be very i'll
and probably lose consciousness. he said
that Jones was the man who shot him.
After his honor made his ruling. Mr.
Stout was called to the stand and Mr.
Putnam asked him the following ques-
tons. which were all objected to and
the objections sustained:
"On The night of Dec. 9. the time you
were shot. how much stock did you own
in the Utah National bank?'
''Bew much did your wife own in the
banE?"
How much did your friends in Ohio
own
Mr. Brown said the time for admit
ting that slush had gone past"
Annie Peters, recalled for further
ross-examination, in reply to Mr.
Brown. said that it was fifteen minutes
after she saw Mir. and Mrs. Jones and
Mr.. Sutherland pass her house before
she got back home after going to Sims
house. and it was twenty minutes after
she saw the JOneses and Mr.. Suther-
land before Nellie McFall came to wit
ness house.
VAN COTT OPENS ARGUMENTS.
This closed the testimony. and the
arguments were limited 10 two hours
d size.
At 10 O'Clock Mr.. Ray Van Cott, on
behalf Of the prosecution, opened the
arguments. Counsel called the atten-
ton of The jury to the fact that this |
was an important case for both the /
defendant and the state. He reviewed |
the relations of Mr.. Stout and the de- /
Mr.. Jones' when a youth of is, enter |
ing Stoutt's bank in Ohio, until the
present time, bringing out in strong
light the point that Stout had been a |
warm friend and a generous benefactor |
to Jones. Counsel characterized Jones' |
refusal TO help Stoutt's son in his work |
in the bank, and his general bearing /
towards Stout, as ingratitude of the /
basest kind. The very friendly rela- /
tons between Bank Examiner Wight |
man and Jones, counsel thought, was I
not seemly. IL view of the examiners /
position with regard to the bank
MIR. Van Cott then reviewed the tes- /
timony Of Mir. Stoutt in regard to the
quarrels and the bad blood which they
generated between Jones and Stout.
and pointed to the same as a motive
for Jones to attempt to take Stoutt's
life. Stoutt's version of how the shoot
ing occurred, his identification of Jones,
the testimony of witnesses who saw a
man running away, and a witness
hearing two shots, counsel argued,