Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-05-06

/ problem which we all must solve, and
Yet he made no charge against the de-
fendant made no statement of the facts
in this case lie and Ellison were the
only ones who knew all the facts con-
nected with this affair aud yet he made
no statement az all Why was he silent,
gentlemon2 Why were his lips sealed
against this defendant who had shot
him? Che only remark he made. ac-
oording 20 the testimony OF only one
witness for the state, was that he want
ed defendant prosecuted to the bitter
end.
THAT INTERVIEW.
LET us see the condition OF these
two men there at that interview at noon
on the day Of the shooting. Watson
was fearful that Mr. Ellison would
spread this matter broadcast. that II
would get In the papers, get TO his wife
and ruin him In this community. He
wanted Ellison to leave town, he him
self couldn't go. He said that defend
ant was foot loose and could go DO
YOU believe that the defendant attempt
cd TO backmail Mr. watson Why
gentlemen, II he had attempted it,don't
you know that Mr. Watson would have
kicked him ont into the street, Had
he been innocent his human passion
would have been such that he would
have thrown this defendant out, and
would not have walked away from that
Interview IN a calm manner as Mr.. Muir
ply said he did.
JUDGE POWERS CHARGE
81 am sorry that Judge Powers
charged us with attempting to iniure
the character Of the wife Of defendant
We don't mean to hurt her
just call your attention 10
her conduct during this trial
There she sat acting as assist
ant dlstrict-attorney and telling the
district attorney an of The incidents
upon which he based the cross-exam-
nation Of this defendant, which fell 90
Hat. / will let you Judge her as she
sat there laughing glad when a point
was brought out against her husband.
You can Judge her for yourselves"
In closing his argument Mr., Truman
appealed to the jury TO give the Do
PENDANT the benefit OF both OF his de-
lenses and give him the benefit Of the
statute which justlhes a man for slav-
ing the delller OF his wife, lie conclud-
ed hia argument at II o'clock.
CLOSING ARGUMENT.
JUDGE hing then commenced the clos
ing argument on behalf OF the defense.
He soid, MY friend, Judge Powers, Oc-
cupies j. novel role as ne stands here
as a public prosecutor / can't yet un-
derstand why he was here. There is no
ADLER prosecutor in this state than Den
mis- c. Eichnor, he needs no assistance
in prosecuting this case. Judge Powers
would have you believe that he comes
here in answer 10 a summons from
the open grave. ] don't believe It, You
don't believe IL. gentlemen. He comes
here, gentlemen, IN answer 10 The
summons OF the dirty dollars OF the de-
ceased's estate
II can read from a number OF his
speeches In this very courtroom de-
nouncng the importation OF counsel IN
prosecuting criminal actions. win call
your attention from Philip drunk 10
Philip sober From Judge Powers
with the money OF the dead man ting
ling in his pockets. as prosecutor. TO
Judge Powers, the eloquent defender OF
men who shoot down the despoier OF
their homes He is only here, gentle
men, because OF the dollars obta ined
by the deceased IN his undertaking
business and his business Of pawnbrolS-
en- and a loan broker.
Judge Powers only wants the blood
OF this defendant He did not even
read the definition OF murder IN the
second degree or manslaughter. all he
mentioned was murder In the first de-
gree.
THE CHARGE DEFINED.
The speaker then read the definition
Of murder In the first and lower de-
grees and also the statutes on justin
able and eXCusable homicide. COntln-
uing he said Judge Powers told you
that he was in favor OF that statute OF
justification. Every man, woman and
child In this state except the libeTtine.
believe In that statute, Judge Powers
knows that on March 9, 1852. when the
first legislature OF the Territory OF
Utah met at the town Of
Fillmore, that the very words OF this
statute were enacted into a law,
which was signed by Brigham Young.
the governor OF the territory. 1t was
good law then. and is good law now.
] say damn these voluptuous lber-
tines, with their Shiny ways, who creep
into the homes OF men and dehle their
wives! They should die No American
jury ever has or ever viii be found
which viii convict a man because he
slew the seducer Of his wife
NOT INCONSISTENT THEN.
why, gentlemen. in those states
where they don't have this statute of
justification. the jury has time and
again asserted its common sense and
manhood and said that the man who
shot the defiler OF his wife was insane
when he committed the act and ex.
cused him Only on Jan. 80. 1900, my
learned friend Judge Powers defended
ox Lieut-Go Mills OF idaho who shot
down O'Melveny' for dealing his wife.
In that case the defense was insanity
and justification the same Is I'm this
case. and yet they were not considered
Inconsistent That was not a LAWYER
made defense. Judge Powers brought
out that defense from the bottom OF his
heart and he aid his duty
and cleared the defendant.
ANOTHER CASE.
Judge King then referred 10 another
case where Judge Powers appeared for
the defense II was that OF prOmi-
pent man In Nebraska who killed the
scducer OF his wife. The speaker read
from a newspaper parts of the argu-
ments OF Judge Powers on that case
and asked the jury to consider Il as
part OF his speech IN this case He
said that Judge Powers oolld make the
statements FAR more eloquently than he
could ever do and he would therefore
read extracts from the speech deliv-
cred by the learned counsel at that
time. He emphasized very iorcibly a
number OF the statements made by
Judge Powers on thar trial and applled