The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-10-04

words inaudiblC). No. I ask you again
to follow that jury the impanelins oil
that jury Just think Of that panorama
that took place i'm this court room, lf5J
VtnirCmCu before twelve could be hdQ'
who would even grant me fair trial
More than half Of them actually TOOK
those seats yonder and expressed quahhed
opinions as 10 my guilt or innocence. You
say. "Oh. no. they didn't say you were
guilty. thew didn't saw YOU were innO-
cent Whoiwas imperVious 70 that TACT.
what they meant and what they ielt M
thCir own bosOmsf There was nothing
that left any doubt I'm their minds that
heard them. a few were willing 10 come
UP and say. 81 cannot believe IL possible
of the man, others. 1T may be possible
ing 10 make these remarks Now. ] say
ana ask your honor's respectful attenuoh
TO it. is that not q fact. that ] could not
have had, that ! did not have fair trial.
ana impartial Cne2 7 care not how honest
men may be. see the jurors there. some
Of them here. and desire to say i'm their
their hearts. they could not get around
THAT fact. Almost from the first day
believe there We're some jurors chosen the
urst GaN-almOst from the very frSt "a
least. men sat there and listened to those
things. Could they have been impervious
10 that fact? Could IL be possible that
they had not been influenced
Touches Up Eichnor.
7 desire further to say a few words on
some of the evidence that was introduced
To mention is, the district attorney boast
fuliy-eNcuse mo, Mr. Eichnor, intend no
any Of my remarks. only desire to refer
90 things that actually occurred here. and
they are intended TO reflect On no man
ne gets up here this day. and he would
be glad If an his acts throughout his life
were To sit as lightly ON his conscience ass
his conduct toward me 1 shall point
TO two or three things, perhaps. your
honor may rot have thought Of and
certainly the people of this city do not
know it. they have never heard 10. they
cannot understand IL. ] think they will
not reflect today credit even on our hon
orable prosecuting attorney. 7 desire to
say also that % is his duty to protect me
as % citizen of this city as much as il is
70 prosecute 10 is Your duty 10 find the
facts, let them be against me or other
wise. That is your duty. Have YOU done
H. Dir. Etchnor have YOU done it, 7
think rot and I think a shall show you
you have not.
Makes Reference to Finances.
The first thing that desire TO say. in
truducc, Is the proof that the district at
torueT introduced against me with refer
ente TO my financial condition. Mr. Eich-
nor placed upon the stand Mr.. Hilton.
win a little memoranda. III ! remember
right WITH something over $4,000 and d,
VIII say I'm connection with this before I
go on did not see Mr.. Hilton make those
notes which he claims. He may have
taken them. The facts are practice us
what ] told him. ] don't attempt 10 get
around 90, AR. Eichnor MADE such re-
marks 70 Mr. Hilton. Now the district
attorney introduced other Witnesses to
prove that ] had collected something like
$4,000 .n cash and he attempted to prove
/ had spent most of it, 7 viii say-no he
did not. no he did not even do that. for
Lnere was something. } think like 81. 100
deposited i'm the Utah National bank:
Lnat ne says. on, he deposited this here
and be drew it out again That is am
bld he for a moment entertain the idea
or where this money went to- I don't de
81 In HN.H
the kind. / spent the money Mr. Efch-
nor drew IT. out Of the bank as Won pre-
slIlea ] uld paid it TO my men as they
We're working for me 7 don't desire to
go around 1T. that is q fact
NOW. your honor, Che contention I be
ieNe, OF the state mostly was to show
70 pay this obligation. If the state proved
anything aside from the fact that had
collected SLIGO fail 90 know il. but let me
see. what did he DrOvc2 He proved that
I had g ioJ jim gold. large sums of money
ll my possession that ! did no: bank and
therefore was I'm the habit of having Iarec
sums of money about me Gets over IL
IKE this. / introduced MI smith / lis
tened 10 thar little familiar voice that
Sledhs INTO the court here. and said he
Iold me on the 9Th of September I did NOT
nave money enough to nav "A hill III s2J
Ny Elcnnor, go; could not raise. a man
rDi ~ aSlihs; having money. could not
raise So thlrty-odd dollars and the ex-
penses Of the court Oh YES tbaf Is a
proof that I didn't have no money. fsu't-
~ ar PROOF, when mans life is at
stake Die the district attorney iutrodr1Cs
ANYBODY TO say that J had not collected
otueF moneys Not for u1Or,anf 77ot
gHt- Ina ne even attempt to Drove thai
Of September or the 5tb IF es,,t. ~ -, "a
ana the 10th Of December? Not a voice
Declares Evidence Scantv.
We take Mr.. Dana-oh. that beauttr,,l
name. Smlth-We put him ON the STAN,
~; mo ne VIII prove H. That is the idea
AheN wish 10 hang mans life upon sucr
testimony. Was IL proven. did they Dr0yp
IT, i'm any degree2 j think not fbf-'-
not. j know this court would not give a
JUDGMENT Tor 50 on such evidence as
shat. Little further on that.
Mr. EiChROr introduced another man
who was wise. and he had of course a
record. Mr.. Earnest Romnev. no ret.s
ON the stand with his little note book
pulls u out. and he says DE has such ami
Sucn items before him that I had coli
lectcd Mr.. ROmney reading from his own
BOOK could not even get the date MI
F.l'nnpr-Oh. excuse me- ] viii take the
Diane for that / introduced that IL
IS ONLY little things, III your honor please.
out j propose to show by those little
Things that I have not had a fair trial
IL was iutimated by that same witness
mat | nad given him names and amounts
LOT these couecuons. and Il was found in
one or Two cases where the amounts were
considerably less. J think that was the
STATUS OF that conclusion. I'm the first
-tiAs AANlAlilNN goes 10 Work and Nr
finds out 1 have a contract calling Tor
three hundred. three hundred and thirty
i've dollars. ! think 10 was some over
$40 anyway, and ] happened 60 collect
a check. get "a check for SlgS. and there
fore ! did not have IL coming 10 me Mr.
Elchnor ] had %. and Z had moro than
that. / had S9S coming 20 mo from tbe
Western Moline Plow company and
only collected SlgN. Didn't have Ii com
ing 90 me- And ] stand here prepared
10 prove did have 60. There was other
cases on the same line.
Charges an Inconsistency.
Now. If your honor please. ia viii am
pear TO YOU, if YOU viii look at this thing
the way ! look at it, that the district att
toruev wanted TO hang upon my remarks
Or nv alleged remarks, the PROOF OF
nearly all OF this financial proposition
now when 10 Dleases Mr.. EiCnnOr he Will
take nav word. when 10 does not please
him De will throw it into the wsate
basket, Just according to the way it suits.
hat is the status of the thing from amy
fair standpoint. ! desire % say % your
honor at this time that IL appears today
the record of This court that . had no
ff