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


/ ton with that: The testimony before the
/ court was that the ball was fired. or the
/ pistol was fired. or gun, whatever Il was.
/ was llred at $3.50. Here comes John Al
I zen along and he says he saw man 60
/ Gown there with a shovel on his back.
/ W nat was anybody doing there at 1929
/ * ne mad killed a man at 1892 What
/ was ne doing1 Oh, OF course he went
/ nome 10 get out 81 the way get ont OF
| the way, that Is the main thing; get out
/ Of the way, and then sneaked back. Mr..
( Eichnor j happen 10 be able to prove
| was not out Of my house at or l0:29.
/ You say, why didn't yOu do it2'' There
I IS number OF reasons. First of all,
because the state did not prove one thing,
not one thing That beautiful chain. as
/ / referred to. Of fifty-fOur links I be-
heve Mr. EichnJr had was just about
! such composed Of about such material
as I have outlined That Is the reason
/ Now I have a fair and reasonable de-
feEse, as i said before, and could have
put it on at that time, but for the reasons
! opinion My brothers, my father, and in
I TACT all that I had around me were of
/ the same opinion. Tho officers i'm whose
/ charge I was. even. said the worst I
/ could possibly get was q disagreement.
Now YOU say, Why didn't you do these
( thlugsF There IS ono man has been
/ LETT rotting i'm that Denitentiary up yon-
| der Tor nfarly three years who today
| stands absolutely clear Of the crime or
/ which he il accused The state has not
/ got the first scratch Of q pen against
him. He had fair defense at the time.
but Tor some reason or other did not
nappen 10 pUf IL on: ha let II go by de
fault. Today he is in possession Of such
Iacts as VIII clear him beyond any cues
ton of a doubt WHY didn't he? Now.
/ the same reason applies to me
Picks at Hays Testimony.
IL your honor please / desire to refer
! 20 another matter. AIR. Eichuor's argu-
| stance. Mrs. Hay gets on the stand and
she testi les something like this: that
| az $50 Mr.. Hay reaches home; he has
/ his supper and after he has had his
/ supper he tells her that he is going over
to my house to collect some money, and
that he viii only be gone a few mo-
Hents- desire TO call your attention
/ particularly TO the location. James r.
! Hay Is living within a walk Of two min
utes. no more than that. a man can
easy walk from Mr.. Hays house to mine
I i'm TWO minutes desire TO call your
I attention to this fact, that James r. Hay,
Notwithstanding nc was living so close.
/ notwith standing the fact that he had
told ms wife he would be back i'm n few
! minutes, he dressed himself I'm his big
/ overcoat and he wrapped his neck up in
! mis- handkerchief, and he goes out Of the
/ back door. locks the door. and puts the
key in his pocket. The evidence before
/ the court was that the ovcrcOGt was
/ here; that big overcoat, which be had.
The evidence before the court is that the
key was in his pocket Now, I ask you.
1 Mr.. Eicnnor, I'm all reason. why did he
| put on his Overcoat2 Would you have
BAN IL Nitt EDAIk 0uEn a nLllt Ways.
| think not. Now again why did he lock
| his door if he expected to be back in a
few moments2 Can you answer It? No
YOU cannot The reasonable presump-
/ ton is that he came 10 my house with
| the intention OF getting that money and
! taking it 20 Earnest Romney's house. as
| TO lock the door. She could have locked
! it on the inside. and i'm a few minutes he
could so back and then she could unlock
I it again.
Asks How Receipt Was Obtained.
Again. Mr.. Hay came into my house
I and got that money and he left the re-
| ceipt for f.. Now, how could / have got
! that receipt off Of James Hays person
il 1 had not paid him the money? There
I - "a significant point right here. Mr..
Eichnor says; oh. he told Mr.. Hay. of
course. that he had buried the money.
think. down in the field. and ne made
| the poor boy shoulder the shovel with
which he intended to dig the grave and
then cowardly pulled a gun on his nearest
friend That is the theory OF the state,
I and, If your honor please. 7 ask YOU TO
look at that a little bit Mr. Hay had
been told half "a dozen times. as Mr..
RCmupv stated in his Testimony that
/ money was located i'm my cellar. Now,
where is there sensible man that could
/ have been toted off in some field TO dig
It up2 Any reasonable man would have
said; Here. il you haven't got that
money here. I guess we will come around
tomorrow morning" And by the way,
I around. and I did not know ne was com
ing on Monday night. Dec. 16. Wouldu'
Mr.. Hay have absolutely refused TO 20
I on any such fOolhardy eTrand as that
go and dig the money up down in some
field
"Oh'' he saws maybe YOU didn't So
it quite that WAY; maybe YOU went out
10 talk matters over ] heard something
OF that. yes. we will so out and talk mat
tiers over Who're is there a man would
have gone Where is there one word
/ even OF an the rotten stories that have
been circulated about me- Where is
there one that James r. HAY left my
house with other than The most friendly
feriing2 Listen what Ernest Romney
/ says. He says he said: Christmas is
there pretty near and we viii just get a
turkey Tor you; we VIII get turkey for
YOU on Christmas Shows that he was
worried a Sood deal Of course. showed
that ne was i'm a tremendously worked
up state: that he had been taken. that a
I recent had been taken from him. and
50 on. and that he was walked out be
hind sun
Keeps Something For New Trial.
7 desire to call your attention to an
( other thing i'm reference to that II Mr.
Hay could have been induced TO have
/ made such an crrand as that. I ask your
/ honor TO consider another matter in con-
nectiOn with IL. and that Is I guess
won't meauon that. but 7 desire if
should succeed i'm getting a new trial
finally, In introducing it then.
| ! desire, though. to call the court at
Z leNllNH 20 the lHtN AIhL in all the efforts
| Of the state to show hat ! had in auy
I manner purchased a gun from anyone
that 7 had borrowed one or otherwise
our honor certainly must know if such
had been the fact IL would not have taken
! long TO have found it. Now. there is q
I significant fact there I'm connection with
I that / desire TO say had a gun in my
/ house, but il didn't happen 10 be a IS
caliber. That is all the difference. Now,
why IT 7 had a gun. why didnt I use
/ that Why didn't 7 use II. Mr. Eichnorc
oh YOU say. "of course that would be
known Could not that have beer
: buried. or thrown away. or done away
with the same os the 0ther2 7 guess so
I but 7 guess IL would have been just as
effective.
Says Rubbers Did Not Fit.
Here is another thing. your honor
When AIR Hilton arrested me, / was
/ standing. the wagon WAS standing. az tho
southwest corner Of Hendry's store.
was arrested somewhere pretty close &c
- o'clock on the 18th of December. anC
they drove over almOst-well. littie
I across, 1 think-the r. G.. w. track lead,
ms down 70 the premises described
I where the grave was Mr. Hilton tool
my rubbers off my feet at that time wher
7 was sitting iu the wagon. and he at.
tempted 60 fit them into those tracks.
cid not see il il your honor please, bat
others did, and there was one singular
Z fact. "A strong link I'm that chain Mr.
/ EiChnor has been trying TO wind around
Z my neck. If he had just thought about
/ IL; but Of course a thing like that sucl
! q little thing as that OF course. would
( not matter, would not count much. WHY
I oldn Mr.. Eichnor put Chief Hilton OF
The stand and introduce the fittings o.
J / those rubbers into those traCks2 d,
( you know 1T must be obvious to all ht
would lack --here must have been
screw loose somewhere. They Cid no
? ! r1A fcs