Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-11-08

VI I'LL uUUI.
Upon the opening Of the criminal
court this morning Mr. Wanless con-
/ tnude his argument on behalf OF the
defense In the Prowse murder case.
There were quite a number OF visitors
in the court when the case opened Mr.
Wanless In his address asked the
| jury not 10 hold 1t against the defense
that the trial had dragged along as 1t
had done He said he had tried to ex-
pedite matters as much as possible
consistent with the interests
of his clients life and liberty He
then proceeded to take up the evidence
Of the boy Willie Meyers. lie said
that the boy had not testified that he
knew even the voice of the
defendant King Meyers even said That
there was no peguuarity I'm tue voice
of the accused, tudl he could ldenllLy
King as the man WAC bought the sat
chel at the store OF his employer
MT. Dorsey a juror. here interrupted
Mr.. Mauiess anu sand he had under
stood lh0t the boy test.ued that there
was something IN the mans voice,
which he remembered
The court reporter here was called 70
look the mater up.
Mr. Wauless at this luncture went In
10 the law OK evidence and proceeded ~
point out the difference between testi-
mouy and eyilgnc he showed that the
jury must look at the testimony and
only that which could not Doe explained
so as 10 be- consistent with the uuO
CenCe of the accused could Dee accepted
as evidence He argued that any tes-
timony which was not absolutely prov
en- by these standards must not be con-
sidered.
The court reporter here read the tes-
tlmOny of the witness Meyers concern
ing Ire voice of the prisoner King
which proved that the witness could
not fully identify the voice Of. the
man King as one belonging to the man
who purchased the satchel
Counsel made an eloquent appeal on
the part Of Robert L. King, and asked
the jury TO let him go back into the
would as Robert J.. Martell without any
more stain upon him. goes,
Taking up the case OF Lynch he
started out by saying that he did not
blame the boys who worked In the
Sheep Ranch gambling house,
But he did blame the officers Of the
law, the county attorney and the
police officers. the latter Of whom
sWore they knew the kind of business |
Col prowse carried on against the
statutes as made by the Legislature. He
went into the shooting He said the
jury must be absolutely sure that the
shot came from Lynch's gun. In
graphic manner he went into the act |
Of the shooting. showing that Col. |
Prowsa fired the first shot and az the !
second shot hit the head Of Lynch rem
deripg him unconscious, ana claimed |
that the only shot Lynch fred was fred |
l0re Col. Prowse was wounded al all |
In a mastery manner he went into the |
positions assumed by the various |
parties TO the thagedy, ana the places |
on the floor by the three hold-ups He |
maintained that the shot that killed |
Prowse was fired by the shorter OF the |
three men
In closing counsel said that Mr.. Put |
nam would tell them that you must
convict these men because lawlessness |
and hod-ups were becoming too preva- |
lent In the city. But when Mr. Put !
nam was doing this he asked them TO |
think as TO who was the most % blame |
that places Of the character kept by |
Prowse were allowed 10 run and make |
hold-ups by robblng boys Of their |
money by surethng games, driving /
them 10 desperation until they became |
criminals There win a jury be found
said he "and / believe this jury Will |
be the one who viii put the blame
where II belongs and tell the
people Of Salt Lake city and Utah that
the onc-time purity Of their chief city
win be returned o. them.'
he closed with an eloquent appeal
that the jury az least find that Lynch
Is only guilty ~ manslaughter
County Attorney Putnam then began
the closing address for the State He
said that the facts proved by the pros
scutiOn was that Col Prowse was shot
and that he died, and that the shot was
fired. according 20 his theory by the
prisoner. Lynch. He then went into
the law on murder and maintained
that the killing Of Prowse was murder
In the first degree. He then went into
the theory Of Attorney Wanless and
declared that u was foolish and non
sensible and could not Tor a moment
be considered by the jury. He then
went In TO the testimony following the
evidence closely from the time King
was supposed 10 have purchased the
iatchel from the store on Second South |
street 90 the time OF the appearance !
u the hodups az the sheep Ranch !
gambling house. He gave in detail the
night of the tragedy claiming that
lynch fred the fatal shot lie then |
vent into the evidence ~ the messen-
ger boy. who saw the two speeding
Town the alley and appearing In the !
saloon
After the noon recess In the criminal |
'Ourt Mr. Putnam continued HIS adj |
lress on the part Of the state
He ridicuIcd the defense by Mr. Wan
ess hy telling the story ~ the English |
olicitor who told the barrister FOR The
lefense that he had no case and that he
vas 90 abuse the prosecution IN conse-
Iuence that being his only resort
He said that the testimony o. the boy
ioyers was perfectly trustworthy. lie
vent Up to the jail with an officer he
I'd not know, and w.hout any innu-
nee upon the part of any officer. iden-
fled King as the man who bought The
atchel and other goods. II is true that
ne boy said that he ana not see %
humb was on Of Kings hand. lie ana
Ot think that King wanted 20 show
rs mutilated hand at that time. He
hus went into the testimony concern
ng the paper, but Mr.. Lambert. a pa