Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-09-17
Case Continues Behind Closed
Doors Before Judge Stewart.
A FEW BREEZY Tits TODAY
Hubbard Tells HIS story Of the Ceie-
braled and Now Thoroughly
Notorious AFFAIR,

The trial Of W. u. Hubbard - sun
progressing before Judge stewart ana
n Jury. From It's commencement the
trial has been conducted behind closed
doors. The court ballld has strictly ex-
cluded every person from the court
room who Is not either a member Of the
bar or representative OF the press
After the question OF the admissible
ty OF testimony tending TO throw some
light on the past life OF the defendant
had been decided by the court, VINO sus-
tanned the objection OF the defense, rul-
ing that the examination should be con,
fined 10 issues IN case. The court said
that il appeared TO be extending the
rule too far when specific acts IN the
past he Of the defendant were allowed
10 be admitted IN testimony This was
a distinct victory for Hubbard.
JURY SAW TEXAS STEER"
Last night Deputy sheriff Nelson
Naylor took the jury 20 see "a IeNas
Seer" al the salt Lake Theater.
ToDAY's PROCEEDINGS.
Immediately after the opening OF
court this morning Prosecutor Eichnor
made motion that, as II was desirable
10 get through with the trial by
Wednesday evening, as Thursday was
10 be a holiday on account Of the Presl-
dents funeral, hereafter night sessions
be held Judge Powers objected lie
said he had 10 be at his Office at
O'Clock In the morning to see clients,
that no had 10 take hasty lunch, and
see invie .i,",s ~, a,,antns, no reallv
ternoon' ana that py eNenins ~ ' oo,r,
ieit 100 ti,eu ~ voi,V "a r,,,a a.,
again 1uoBe S'eWait uiu ny ~ tr,oi
the mouoi' ne selu .has 90 Wy a.
progressed ne WouIo u'1' u,s ni,,,, sasS
would DC necessary W iio'u "'e"'
slons' ,.,..s ons A,
The Jury was tnen 1isIIisssu aiu ~
torney straup oohsinscu " NV a's H.,,a
ties IN support OF tne usAense SUM- ,',,
that the deienaaht cannot pe ctoss,v a.,
amlned WIN, regard 10 otiel erl'hes ~
means OF Which tne proseuu'.on' 800
70 test me creuloitlty Oh w ue,e W, id,a
ana throw some nBa. On nv p"'' nv
ARGUMENTS.
Tho arguments az counsel were con-
olIded AZ Ii o'clock when the court sus-
ta,ned the objection of the defense.
' ut,npApp rFsTrFIEs
hOhnN'o . 90 -
After the Jury had been recalled ana
Hubbard had again been put on .hs
stand MT. Eiehnor asked nun u ne nau
employed and paid private detective
$50 TO gather evidence regarding nus
good character. Defendant denied tnat
he had, but admitted that ne empl Sc1
one man--Aiford--"hom he paio cow
month.
"Do you mean to tel this Jury mat
you did not know that Ella Jensen was
stopping at Affords housef said the
district attorney, Walking up 10 the
stand and shaking menaeing fore
finger In his race.
witness demurred.
You want to shuiile out OF u sall
Mr., Eichnor- Attorney straup objected
TO MT. Eichnor's method OF questioning
and another storm IN teapot arose,
at the end OF which Hubbard SAID that
he did NOT know OF his own KnoWledge
that Ella Jensen was stopping al AL
ford's house.
Asked whether he knew now much
money he had paid Afford witness said
that without looking II up he could not
tell
When did you pay MIN the hrst
money!
II don't recollect exactly II might
have been three weeks ago.
How muchY'
II believe II was $40. believe he has
been paid by brother pretty nearly all
that Is coming TO him, about $3.50"
you're a single mani" continued the
prosecutor
Eyes"
Never been married."
mo"
Fond of chlldrenP"
yes"
Judge Powers then took the witness
again The yitness told him that no
hsd ssen favorahle COMMUNICATIONS of
h,n, fror, the Northern apc,no Rallroad
comnsnv ana others which Afford had
oh,a,na6 lie said that no bad en-.
ployed Afford as he knew that an ac-
tive interest was being taken against
him by the police. and II was absolute
ly necessary to get some evidence show
ing his past good character. lie said
that the district attorney. the county
attorney. Senator Brown. and Attor.
neys McMaster and DinInny had beer
working against him.
what have | done against your
shouted prosecutor hichhor,
bou uleu 70 geI TOUT men on VIA
jury VINO hed SHOWN apsolutev 'ha
they were adverse 10 me, retorted th'
defendant
Juuse roMers opJevteU W we us
eu aS IN con,s ,eJ he, g I, cease M
Eichnor tried TO get the witness TO ga,
that he had seen nothing In the worl
done by him which was unfair. but III
defense objected. and The court sus
tanned the objection. This conclude
the testimony OF the defendant an,
George L. Savage OF the firm OF c. Il
Savage a co. was then called. lie ties
titled that the store usually closed at
o'clock but maj on Aprll yin, II oeln'
conference unne, lhe s'ore was p'op"
piy later on that ua'e.
DAMAGE SUIT FILES ADMITTED
Judge Powers again asked that Oh
hles OF the damage sun be aemitte
IN testimony; Mt. Llehnor on1sv'V,o
The court ruleu that tne hlcS thlkhN