Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-05-05
Judge Powe1s
appeals toJu1y
Counsel For Re Prosecution RevewS The Testimony in Re
Ellison JMurder Case and snakes Touching Reference
To The Character Of The deceased in a Strong,
Eloquent and Conuincm9 c4r9unem


ing TO hear the arguments in the case.
Judge Powers made the opening argu-
ment for the state and in his usual
forcble and eloquent manner laid the
testimony in the case before the jury
He spoke during the entire morning
session and had not concluded when
court adjourned for the noon recess,
His touching references to the char
acter of the deceased, which were of
frequent occurrence during his argu-
ment, invariably brought tears to the
eyes Of Mrs Watson and other ladies
present On several occasioEs Mrs.
Watson lost complete control of herself
and gave way TO grief with sobs which
COnyulsed her entire body. Mrs, Payne,
the mother Of defendant, was also UNI
able to control her emotions during the
speakers references to the great sacrl-
lice a mother would make 20 save the
life OF her son. During the entire SEES
sion defendant sat with his head bowed
and resting IN his hands. He showed
clearly the immense strain under which
near ended and his fate will so soon be
determined BY the jurors
THE OPENING ARGUMENT.
At the opening of court Judge Pow
ers commenced the opening argument
In behalf Of the state He said In part
Gentlemen Of the jury, II Is not
pleasant duty TO try a man for murder,
still II Is one OF the duties OF citizen
ship. Just the same as II Is the duty
Of man to defend his country, so 1t
Is the duty OF a man to do jury service
Fro nearly two weeks you have been
separated from your families and now
your duties are drawing to close and
the case viii soon be submitted to you
for your consideration ! am here as
q private counsel | am called here In
response 70 a summons from a closed
grave, The testimony was brought out
that the deceased said just before his
death that he wanted defendant prose
cuted to the full extent Of the law, so
am here In response to that summons.
l am also here TO defend the dead, to
speak words for one whose lips are
sealed. one who was suddenly sent TO
his Maker by the bullet OF the defend
ant.
THE CHARGE.
THE defendant is charged With muir
der In the first degree; the most serious
crime known, The killing is not dis
puted. The defendant puts In the de-
lenses OF insanity and justification by
reason Of the alleged defilement of de-
fendant's wife by the deceased, Now
II a man Is impelled by passion or an
ger he must have his reason and could
not be insane, Then II he Is insane he
could not be justified under the statute
The two defenses are inconsistent, they
can not travel together. They are put
In here by the defense just to acquit de-
PENDANT II is certainly lawyer-made
defense and IL certainly very weak.
They are certainly catching at a straw
as drowning man would do.
AS TO JUSTIFICATION.
Now, in regard to Justification First
YOU must take the circumstances,
Right here before forget It, all
through the testimony Of the defense
not one word was said about other peo-
pie living in the Watson house during
the time the Ellisons lived there. on
the other hand, they left the inference
that the deceased took defendant and
his wife to that house alone for his own
purposes. To the contrary Il was
brought out on cross-eXamination that
another man and his wife occupied the
second floor all the time and de-
ceased lived in room Just across the
hall from them. The deceased in max
ing arrangement with the defendant
and his wife TO come to his house did
not do one dishonorable act.
We'll they went TO Watson's house
10 live, and the first thing that caused
defendant any suspicion was one night
when he came home and could not get
in His evidence Is to the effect that
his wife did not respond TO his ring
ing for quite little while Mr.. Du-
mont testified that he came down and
let defendant in and explained to him
that there were two bells one for the
upstairs and one for downstairs, anG
that he had been ringing the upstairs
bell. That clears up that testimony Is
Il any wonder that his wife did not
answer the bell when he was ringing
the wrong bell2 II there had been
any suspicion on his part at that time
he would have told his wife about II
and she and her paramour would have
been more careful in the future and
these golngs on would not have hap
pened. That suspicion IS wiped out by
the testimony OF Mr. Dupont. II ala
not ever arise TO the dignity OF a sus-
piclon.
THE SECOND SUSPICION
Now the second suspicion, He tes-
titled that he was preparing 10 go to
party and he heard the conversation be-
tween his wife and Mr. Watson when
they called each other endearing terms
What did defendant do? lie went out
into the kitchen and then he said. he
became sick. He did not rush into the
room as my sensible man would do
and demand an explanation. There was
no show Of passion that would justify
man to Kill another
ACT NUMBER THREE.
''The third act. according 20 his tesu-
mony. occurred one morning when he
oyerslept himself He said he saw Wat
son come into his room and put his foot
nm on the bed. Then he saw him stool
down and creep from the room. ond
hen knock on the door as II to awaken
defendant. Now what did Ellison do
this time? He simply laid there In bed
Ms wife by his side. He didn't rush
after the intruder In sudden heat OF
passion. as any man would do under
.uch circumstances. as any OF you gem
Iemen would do That story Is very
improbable. His actions were not those
AZ wronged man. All he did was Ia
ret up and dress himself and tell his
wife that they must leave the house
hat day ana he then started to work
Gle said that he could not work, 50
vent 10 his mothers home Now that
% every bn Of the testimony In regard
"a the relations between Watson and
Mrs Ellison. and on the question Of
JUSTIFICATION. The whole thing Is very
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