The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-02-19
both PLEAD
FOR JUSTICE
CLOSING ARGUMENTS IN HAM.
ILTON TRIAL.
PROSECUTOR IS DRAMATIC
Exhibits Blood Stiffened Clothes
Of Murdered Man and De-
mands Conviction.

Minneapolis, Feb. 18-The Hamil-
ton case was given to the jury late
this afternoon.
The day was devoted to arguments
Of counsel for the state and for Hamil-
ton. Prosecuting Attorney Boardman
adverted to the fact that Hamilton
himself on the stand did not deny the
crime. He did not deny the confess
sion to Rooney. The blow he received
in the face must have been caused by
his falling against the billiard table
in the first scuffle, or may be from a
blow from Days fist. And he had
come back to the dead body, sobered
by what had happened, not to offer
silent prayer with Bennett, but to lay
beside the body the bloody knife with
which he had done the deed.
When Hamilton went out and re-
turned with that open ::knife clutched
in his overcoat pocket he intended
murder, deliberate, premeditated mur-
der.
After elucidaing the question of
reasonable doubt Mr.. Boardman
took up the question of motive. It
was jealousy, he said. The jury might
judge of this by the action of Caro-
line Slagle OH the stand in refusing to
testify for fear of discriminating her.
self.
In conclusion Mr.. Boardman, dang
ling the clothes stiffened with the life
blood of Day before the jury, said:
Gentlemen, when you go into the
jury box leave out all the nonsense.
Go down deep to the eternal rock of
reason and all the gates Of hell cannot
prevail against you.''
At 2 p. m. Frank M. Nye began his
address in behalf of the defendant,
which lasted until 4:3O. ''It is not
incumbent on the defense to prove
how Leonard Day died. he said.
"Has the state proved it's case? That
is the question. With the exception of
the ready made testimony of the po-
lice officer no testimony has been ad-
duced that would have beer relevant
against any of the others there. The
question would have been the same
with the name changed, no matter
who was on trial. The whole affair
was drunken brawl Drunken men
will gravitate around in row.
| These witnesses for the state are
all ashamed, but they were all mixed
up in the affair, either as peacemakers
or something else. want these other
fellows to take their medicine. I
want all the black mystery of this
case cleared up by the sunlight of
truth. We don't know today who all
were in that room and we will never
know. I make no charges, but in
tussle you can't account for the posi-
tion of hands and arms. If Day held
that knife in his hand strong man
trying to wrech it from him might un-
Intentionally have plunged it into his
body.
"Where did this bloody knife come
from? There is not scintilla of evil
dence to trace the ownership to Ham
ilton. That knife belonged to some-
one in the West hotel. We have
brought forward evidence to show that
it belonged to Day There was no
motive Of jealousy. that is ridiculous.
Hamilton had no motive for injuring
Day, but Day did have one for injur-
ing Hamilton
Judge Brooks gave his charge to the
jury Immediately. It was clear ex-
position of the law and the evidence
and was listened to attentively by the
jury, which was then sent out for
deliberation.
At midnight the jury was still out
and Judge Brooks left for his home.
The verdict, if reached tonight, will
not be known until court, ssmeets to-
morrow morning at O'Clock.
NO MORE CONTESTS.
Minneapolis, Feb. 1s-Mayor Ames
today issued orders to the police to
stop any glove contest in the city to-
night and see that no such contests
take place in the future. The mayor
explains that he proposes to suppress
all athletic exhibitions where life or
limb are placed in jeopardy. This is
in accordance with the recommend
alton of Governor VanSant, whose in
reference made the mayor indignant.