Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-14
Judge Norrell viii Charge Jury in
the Morning.
ARGUMENTS IN PROGRESS.
states Evidence In uebuttsi- srats
Between Attorney. -coneensus
of opinion.


lnF over period Of nine days. the
Smith dynamite ease. 10 far a. testl-
mony Il concerned. wan concluded this
afternoon In the morning Judge Nor
rcii viii charge the jury and It Il rea-
aonahly certain 20 expect that before
the setting of tomorrow's sun the de-
fcndant will know his fate.
The conccnsus OF opinion u those
who have heard the testimony ~ that
Smith will bc convicted.
Smiths alleged onense--viz assault
with intent to kills punishable by
imprlsonment In the State prison not
to exceed twenty year,.
Save for few spats between the at
tofncys conducting the case todny's
trial has been without Incident.
on the recommending Of court this
morning Smith was further cross-cx-
nmlned. after which the State intto-
duced evidence In rebuttal.
The defendants arguments 10 the Jury
were In progress. but viii not be- con-
Guided until tomorrow morning Judge
Norrcl has allowed both sides three
hours and q half between thein.
HE DID NOT TAKE AN OATH.
The cross-eSaminailon II Smith was
continued by Attorney Putnam ycatcr-
day afternoon.
did you call DIR. Pike vile name az.
tor you had been sentenced By Judge
Powers IN OGDEN" asked Mr. Putnam.
No. ] did not swear said smith.
what did you aayf"
AS was going out of the court room
DR.. Pike stopped me and said aomo-
thing. and I replied that he was q per-
juror and - q u b.. and that I
would liLa 90 alva him "a pungh an IN,
nose"
You had no III feeling agalns, Judge
powers1"
NO. I though he was a little severe.
but ! had no m feelings and harborcd
no resentment against him. | might
have had some petty feelings against
him. but they passed and | thought
no more about u. It's human nature
not 10 love man who IL prosecuting
you
Has Judge PoNsrs persccuted your
Yes, have been told So"
ny whom"
THE Governor OF Utah and the gov
What Governor OF Utah and OF Ida
hop
Gov Thomas and Gov. steunenberg.
The latter said Judge Powers had sent
a strong protest against my being par
doncd In Idaho
WAS that all you had against Judge
Powcru7"
II had no feeling more than one
would have against hired prose-
Cutor"
what did Gov. Thomas say to you7''
II was when they were trying To
take away my copper. | talked with
Gov. Thomas. lie said he was sorry
he had kept me IN prison for the last
three years. and that IL was through
the work OF dirty dogs had been
kept there"
Whom Old he refer to as dirty
dogs"
Il don't know"
"pid you 80 out to the peniten,lary
In iuiy lastS"
Yes"
did you soc Warden Dow"
Yes"
Is your right name John SMITH"
mo. that's lust name ! gave when
] was arrested. My name Is Melon
How many other names have your
Il don't know"
NOT A JAMES.
did you ever tell anybody your
name was janice. and that you be-
longed to the Jesse James gangf'
No"
when nddocome talked to you
you tell him not 10 do anything Of that
kind while you were urOund3"
Yes: was afraid | would be ae-
cuaed Of e."
"You didn't care no much nbou,
Judge Powers being murdered as you
ala about being accused Of ~"
- didn't give II q thought
who did you mean by they when
you said thcy' were dogglng your"
~ didn't know. II was mystery 10
me who they wcrc.'
who did you Huapectl'
n knew that Dr. Pike. ex-Marshal
Parsons and others were corrupt, but
az TO Powers I knew he was only q
paid attorney Tor the others"
Continuing Smith said that when he
learned through the papers That he was
charged with the Internal machines, he
intended to wait around whcrc he was
for month or two and when court was
ln session In Salt Lake come and give
himself up 80 that he could be cleared
OF the charge.
FURTHER cRoss-EXAMINATIoN.
smith was further cross-cxamincd
by Attorney Putnam this morning, De-
MED having any conversation with
Peck Loaned I.nfc Utterly $40 on a
suit OF clothes, They nttod him as well
now as they ala when he first got them.
=
The bottom OF his pants were not turned
up at the preliminary hearing. Here
/ Smith was required 60 pail on his coat,
which he did reluctantly, while M.
| Putnam and Mr. Van Colt examined
the tails Zoe the purpose or ascertain,
| ing whether or not they had been cut
or II there was evidence OF any recent
scwing.'
Sir. Putnam offered ,ho coat In evil
dence. Council for the defense oh.
! 1ected. Mr.. Woatorvolt Inquired OF Mr.
| Putnam II he wouldn't Ike 60 ofrer
| Smlths vest, pants and underclothes In
evidence too. u.nughtor1 Smith sat
| In the witness chair minus his coat,
| while Stenograpiar Pike marked the
| garment "a one Of the numerous OK.
| hibita In the case. Mr. Truman be-
came nlghly Indignant at seeing hla en-.
/ ont In his ahlrt alocyca and with much
warmth aaid that during the whole
course " hls experience at the bar never
| had he witnessed such proceedings. lilo
| Insisted that the defendant should be
allowed 10 nut his coat on, and said
| the county attorney had no moro right
| To take Il from the prisoner than he
| did tho rest Of his wearing apparel
! Judge Norrell ruled the coat might
De- offered In evidence. aud after tho
| Jury had taken a look nj It. In order
| to see N there were any recent stitches.
/ his honor ordered ~ return to the de.
fcndant, who Immediately put Il on
| again.
In an Inside pocket Smith carried a
| check book TO which he frequently re.
| f.r,.I gttrtpss fh, ,.,t,,,t. 80 ri. 49, r.