Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-09-18

Observation-Disclosures,
The Hubbard rape trial Is over, and
the defendant is anxlously awaiting the
verdict The forenoon vas occupied
chiefly by the arguments OF counsel.
In accordance with airnling made by
the court at the concIt sion OF yestef.
days session visitors ere today adj
mitted 10 the court rog'a, The crowd
was small. however Pfc.ably few were
aware that the public Nete TO be adj
mitted today. Judge r gers made a
strong address TO the h. q IN which he
stated that the egidenc adduced had
not been sufficient to asten on bis
client the crime with hloh he was
charged. The district itorney was
equally positive thai SUI nj evidence
had been produced 70 90. 9ince the jury
beyond a reasonable dqs T.
Judge Powers made Arefdl review
Of the testimony taken ! the case. lie
said there was ABSOLUTELY no proof that
the crime of rape had been committed.
and there could be no aIfault with at
tempt TO commit rape Wnen the chilo
consented. Continuing the Judge saio
that there was not q sa,ntlla Of evil
dence TO sustain the ASSERTION made by
the attorney for the stat that the evil
dence Of the defense hal been pur-
chased. The testimony Ella Jensen,
he said, was corroborated by Mrs. Law.
Ter and Deputy Sheriff Sieater Al that
the defense could brlnk against Ella
Jensen was that she had said ele was
willing to pay for a certificate char
ecter. Counsel for tbe ats-r ii re-
marked that Il was in,Akk-ge FIR MrA.
Csurch and Mrs C00Re to question.
Helen about what took place In Hub
bard's room. II was no more indelioate
than for Ne Lawler TO join the tran,
som-climbing brigade. There Is rea-
sonable doubt upon the entire case, and
a strong Incentive for false testimony
on the part Of the state In the civil
suit pending.
81 beg Of you, gentlemen OF the jury"
said Judge Powers in conclusion. ito
try this case on the evidence. without
allowing passion or prejudice 10 sway
your minds What good could come to
this or any community by convlcting
this man on the evidence that has been
submitted?'
PROSECUTOR EICHNoR.
At 1925 o'clock Mr.. Eichnor COM
menced his final address TO the jury. He
said that the Jury had observed Judge
Powers method of attacking Mrs. Law
ler a woman who stands alone in the |
world. There could be no conspiracy |
between Mrs. Lawler and Mrs. Knox. |
as the two women were not acquainted. |
did the defendant call one witness
said MIR. Eichnor, Ito prove his good |
moral character? No. II he had that |
would have opened the door for the |
state 10 show the contrary. When q |
man is charged with a heinous offense
what will he do In the hour Of need? |
Why. he will call upon some OF his |
friends. prominent men, to show that
his life has been clean"
Mr.. Eichnor referred 10 Robert Louis |
novel "Dr Jekel and Mr. |
Hyde" MS a sample Of a man leading a
double life and compared the defendant
to the dual character
Hubbard may have been prominent
continued the prosecutor. but
that gives counsel no right TO designate
street Arab"
Then Mr.. Eichnor scored a point.
Gentleman" he said, pointing at the
diagram. 81 ask you, would the officers
be such blockheads as TO remain in
room 202 for hours on several DAYS for
the purpose Of looking into POP. when
they could not see through the tran
som? II they did that they would be ut
for the asylum Judge Powers Is known
10 win his cases by browbeating Wit
nesses. He made q cowardly attack on
Mrs I.awler"
With regard to the charge OF rape the
prosecutor said that evidence OF the
slightest penetration was sufficient 10
sustain the charge The greater Of
'ense included the lesser according 10
he law, and II the jury We're in doubt
hat rape had been committed they
'oud find the defendant guilty Of as
'ault with attempt 10 commit rape. II
vas not necessary % show that force
lad been used with 50 small victim
is Helen Knox.
Counsel stigmatlzed as unfair Judge
Powers method Of reading a page OF
he transcript Of testimony taken In the
over court 10 Helen Knox and then
skiing her II she had so testified.
Counsel concluded with a strong pie7
or the truth and said that the
rumped-up story " blackmail had
leen nunc;ured until II had been shown |
O be absolutely ridiculous.
JURY INSTRUCTED.
At twenty minutes 10 u o'clock the
curt commenced HIS Instructions q
he Jury. The court instructed the fury |
hat II they had a reasonable doubt as
o the degree Of the crime committed
hey should find The defendant guilty OF
hc next lower degree. What occurred
m saturday. April 9Th. could only b.
Considered rs showing intent or throw.
ne light on the action of the defendant
N April 9Th. The testimony Of the child
vas TO be subjected 10 the same tests as
hat Of ~ adult The jury was In
tructed 20 consider a verdict on four
harges. viz. rape. assault with ATTEMPT
o commit rape, assault and battery |
NE instructions were very fun ana |
mighty Judge Powers then filed his :
RECEPTIONS. The jury left the cour, |
DOM az ~ o'clock In charge OF Deputy |