The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-02-14
HEAR HAhIL TONS SIDE
Jury Listens to Story of Accused
Reporter.
CONFESSION IS DENIED
WITNESSES DECLARE HE DID
NOT KILL MILLIONAIRE.

Minneapolis, Mimi, Feb. Is.-It was the
defense's turn today in the trial of Frank
II. Hamilton for the, murder OF Leonard
r. Day. His chief counsel. Robert l..
Penny, outlined to the jury what he eN-
pected to prove. He sketched Hamilton's
lie. Mr.. Penny pointed out that Dav
was from a wealthy family and that his
every within and desire were gratihed. For
two nights before his death he had been
out all night carousing. On the night i'm
question he had gone TO the theatre with
boon companions and then To q wine
room, where TWO women lCinEd the party.
TWO OF the men let early, wnIIe Day
ana companion continued 10 drink VITA
the women. Later he had gone 10 the
West hotel and begun the game oil pool
with some friends there. These men
with whom he was paying were now
practically the only accusers OF Hamil-
ton W nat wonder that from instincts of
skirts OF any possible suspicion, they
should lean in their evidence toward the
accusation OF the DEFENDANT?
Says Defendant Was Attacked.
Hamilton was intoxicated that night. or
parity so. He remembered shaking nanus
with Day.
Hamilton remembered receiving
blow on the face or jaw said Penny,
and shortly thereafter no received a
blow on the head from cane, cue or
club, and This VIII be proved.
From that time on ne was not con-
scious of anything until ne found himself
on the floor near Days side, A knife
has been shown you here. gentlemen.
That wds not the knife OF Frank ii. ham
ilton- Ale mad no weapon OF any KIND, eN-
cept a small pocket knlIc. W G. viii show
you by the best evidence that Day car
rled just such knife as the OnE pro-
duced at this trial There was general
row that night and more than one knue
was used, ana we viii be aDl3 10 snow
this.
The clothing of one man who was
present thar night was despatched with
blood and cut, apparently with a knlIe,
and was taken the next morning to a
LalOr repair snOp 20 De cleaned and re
paired. This clothing was not LnaJ OF
LAY or hamilton"
5. X. Jackson was the first witness
called. He said that Day, whom he mad
known intima tely, spent week IN MI
Waukee at q hotel where witness IS now
employed. Day had made the acqualnt-
ance in Minneapolis Oh girl IN the
chorus of The BuTgOmaster' company,
and had followed her 20 Milwaukee and
afterwards gone on 10 New YORK. JACK
son met him again in Minneapolis a rev
DAYS before the stabbinS. Jackson Iestl-
fed that Day had SaIU tn2L during HIS
absence Hamilton mad been keeping COM
pany with the glTI AID he was gong 10
do him up
large knife with a long handle
Learned to Drink il Colorado.
The defendant himself, Frank II. Ham
his life substantially as mis- counsel had
done Hamilton testified he mad never
touched liquor before he went 10 Colo
rado eight years ago. IN April I5JJ' ne
came TO Minnea pOus TO work Lor Ille
Times Hamilton described IN deLau ms
movements on Nov ., when Day was
He He went back to the Times Office at
10 O'clOck that night and turned IN ms
COW AT Il O'Clock he went across the
street TO STAIRS saloon. where he mad
several drinks. -7-
He reanzed that he was getting drunk
ArJer me saloon closed they went 10 tiie
NVesr hotel with some associates 10 get
one more drink, as one OF them 9U5
gested. ,--... .,t..,o+ ,,,
animation that he rad no expectation OF
seeing Day He denied that, 50 Ear as
he was. concerned, there was any III leei-
ing between them AFTER ne mo eng! ~
me Nest hotel, ne found himself taking
to Day, put could not remember whelhef
they had been introduced at mat tlIhe-
II think Day made an insulting fehldi r.
To which [ took aIfTOnL Hamilton con-
tfnued, ana L asked him II ne would
tight. He said 1 was too drunk- j n .,l
Charles Force came I'D ana sdiu -, 4 Il
fight YOU The next thing 1 knew Day
and l We're cIincned and L threw LAY
down. Then we got up. reineInber
that there was a mlK-up around US Ii-n
some on struck me Wl.n cluD or a p-ec6
of iron on the forehead and lost con
sciousness- knew nothing or Whdl ~, p
pened after that until IOHno mys5ll
Chatting Lays hands, and later when the
OFFICER took me into the bar room
Hamilton was shown me blOOd-StdlncG
knife He emphaticaly denied ever see
ing or owning It. He recalled no CONVEX
s4tiOn with eX-PaJTOlmdn Rooney VINO
made such a DANA ging statement yeSter-
dav as to Hamilton : confession.
Expert Favors Hamilton.
DR.. Charles A. Erdnan, anatOmist in
the medical department OF the state uni
versity. gave Ii as his expert opinion tlat
not all of the wounds received by Day
were caused by the same instrument
The wound in the head was not made oy
the big knife. The fatal wound, ne NAM
tanned WhiCn severed the sub-claViln ar
terry. was downward and forward, and
must have been struck from behind over
Days shoulder, o. II struck from in front,
the point OF the knife mus nave been
held toward the person who nel1 II.
Dr.. William b. Murray, the physician
who reached Days side just before he
d.od. ConJroveTCeu Pau GIIlan Rooney S
confession story. lie declared that he
was near during all the riIEC Rooney was
present, until the defendant Was taken
away, and that ne heard everything tn
was said by either Hamilton or Rooney.
Hamilton, instead OF saying: Il killed
him and am prepared TO take the cOnSe-
quences." as Rooney testified, said Il VIII
] am prepared 70 take tbs consequences.
The witness denied in detail that Ham
ilton had made the various statements al
legged by Henry
DR. Murray also said ne examined
HaTiltOn'S hands and cuffs INN uI9telE
after he arrived and found them without
blood.