The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-15
GOES TO JURY TODAY
Smith Trial Has Almost Been
Concluded.
ARGUMENTS HAVE BEGUN
DEFENSE CLOSED THEIR SIDE
YESTERDAY.

Court Was Occupied In Conclud
ing the Cross-exaIaination of TIT
Defendant and in Hearing Evi
dence introduced by Prosecution
The curtain will today be rung dowr
on the Smith dynamite case. After I
period of nine days, the trial has a,
last reached a stage where the de
Tense has closed its arguments TO tbs
jury. and it now remains for County
Attorney Putnam to close for ths
state. Yesterday morning was spen'
in putting the final questions to the
accused man on crcss-examination anC
the production of witnesses in re-
buttal.
Yesterdays proceedings, save for al
occasional tropical encounter between
counsel, was not marked by any stir
ring OF dramatic incident. At 10 O'Clock
Smith took the witness stand and in
dulged in his policy of the day pre-
vious, TO the extent of denying every
thing prejudicial 70 his case. The &C.
cused man emphatically denied hav-
ing any conversation with the boy
Peck at all on the night of the alleged
confession.
Clothes From Utley.
Regarding the suit of black clothes
alleged to have been stolen from Stew
art, Smith stated that he got it from
Lafe Utley in exchange for loan OF
SO witness had advanced him ION July
Is.
Didn't you swear you didn't start
in TO work at Diamond on the Goth OF
July?" asked Mr.. Putnam.
mo, SIR
In answer to further questions
Smith said he started TO work at Dia-
mond on July. Is or 16. and that a few
days later he loaned Utley the money.
Subsequently Utley met him on the
street and offered to give him the
clothes, providing the suit fitted him.
Witness stated that tbs clothes were
a good fit and he took them.
Didn't you 'cut off the tails of the
coat and shorten the pants after you
were arrested"
mo, sir, l did not"
Mr.. Truman then took a hand in re-
direct examination of the defendant.
Did you have any suspicion that a
trap was being laid for you when this
man came with a request to address
that envelope for him.
1T did seem SO to me at the time.
but l couldn't see where it would come
in
After Haslam wrote the address in
pencil did you write over it with ink2''
mo, sir. l did not. l only had the
envelope in my hand for few min
uteS."s
Regarding the suit of black clothes,
Smith said that ii was taken away
from him by the sheriff Immediately
after the preliminary hearing. 1t might
have been altered, he said, then, but
he dion't think so. as the suit fitted
him when he took it from Utley.
Upon recrcss- examination Mr.Put-
nam asked:
Isn't it a fact that you lost your
good time in the Idaho prison because
of your misbehavior there?'
THE warden told me l didn't"
What name did you go by in
Idaho?''
Philip Clifford
After Mr.. Truman had offered the
cord which was around Smiths day
book in evidence and passed it around
the jury box, the defense rested
Evidence In Rebuttal.
Then the state proceeded to call ten
witnesses in rebuttal
Arthur Pratt was the first witness
called. He said enphatically that he
had not heard Smiths alleged CONVEX
sation with Governor Thomas. in which
the latter, according to Smiths testi-
mony, had said that he was sorry he
had kept defendant in the penitentiary
for such long period.
Joseph Biddlecombe was then called.
He stated that ne knew a man named
Utley at Diamond Witness said he
knew nothing about the alleged cloth
ing transaction between Smith and
Utley. as testified to by defendant.
DO you know q man at Diamond
named Frank Butler?"
mo, sir" Whereupon Smith shook
his head in mute protest
Judge Powers. upon being recalled,
stated that he did not know Smith had
been or was in the penitentiary of Ida
no until Aug. &c. Continuing he said:
Il never had a word with Governor
Steunenberger about him until three
days ago; neither have / at any time
protested against his being pardoned."
stated that on the preliminary
examination the black suit of clothes
worn by the defendant was a decidedly
bad fit-"the pants were turned up and
the coattails were too long"
Doesn't a man sometimes turn up
the bottom of his pants?"
Yes: perhaps an Englishman does
when it is raining in London"
You are not an expert tailor, are
you-an expert on fits?" queried At
torney Truman. Il know you are an
expert on law, bull
Judge Powers objected to being bait
I'd. Pointing his finger at Mr.. Truman,
re said:
See, here. sir. want you to under
stand that 1 am not here to testify
falsely and 1 don't want you to inti-
nate that / would: remember that"
Everybody in the court room sat up
straight as Judge Norrell raped for
order. but eventually the sun shone
through the clouds as Judge Powers
added amid ripple of merriment:
Well. 1 am no tailor, If that is what
1ou want to know
In answer to further questions, wit
less stated that he. noticed Smiths
lttire very carefully when he appeared
n the court room on the preliminary
from the fact that wit
less learned that the defendant when
Irrested was carrying a stolen suit of
clothes in a bag. and had asked the
Ulcers to be allowed TO change them
II the pump house before being brought
nto Eureka.
Clothing Man Testifies.
Oliver Boehmer of Boehmer & Ros-
hid. the secondhand clothing firm,
vas then sworn. He stated that he re-
rendered suit of black worsted
clothes being brought to him some time
asst fall by Mr.. Stewart, who had, prior