The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-11-22

board If such testimony would not, I'M
der ordinary circumstances, be disre-
garded by the jury.
Touching upon the confession Of Ha-
worth, Attorney Hamilton said that il
was not true, that the statements made
I'm IL did not coincide with the facts in
the case. He said Haworth confessed
that he entered the back door of the
store by prying ii open. The facts
were that the door was not pryed open.
Sandal was shot while in a crOuched
position. while HaWOrth said, in his
confession that the man rushed to-
wards him, and that he shot him in
self defense. The charge from the gun
entered the mans chin and ranged up
ward. The attorney then read a pOr-
ton Of the confession. showing that
HawOrth had said he didn't know
whether he entered the store from the
rear door or the coal cellar.
Evidence Was Overwhelming.
The state, during the trial, exhibited
an iron bar. which had been taken
from a wen near the store, with which
it was claimed that had been used to
force the door The bar was recovered
4 by Peter A. Barton. In an affidavit
the man said the bar had been in the
well so long, possibly many weeks, that
it was black from the action of the
water. and covered with a slime. which
could not have been accumulated in the
few hours that it was supposed to have
been in the we'll
When Attorney Weber began his
statement he said that he would ad-
duce sufficient evidence in support Of
the HaWOrth's petition for a commu-
tatiOn of sentence to grant him a new
trial, and that new trial would mean
an acQuittal. He said he was afraid 10
put HaWOrth upon the stand during
the man might say or do. To get out
OF JAIL the prisoner begged to be per
United to plead guilty. saying that his
trial was farce
The attorney then touched upon the
confession of HaWorth which he pro-
nounced a falsehoOd. He read state
ment from a newspaper man who at
[ tended the trial to the effect that it
would have been impossible for the
sheriff who secured the confession TO
. have held the interview which he did
when it was made, and then retire
/ 10 his Office and write it down word for
/ word from memory as he claimed he
did. The attorney brought out the fact
I that the sheriff had made the boast
! that if the governor would issue papers
TO bring Haworth back to Davis cOun-
+ ty. that ne would assure a confession
from the man
Weakness Of States Evidence.
/ After reading a letter from Frank J.
! Cannon of ogden. asking the board 70
commute HawOrth's sentence, Attorney
I Weber touched upon the scene of the
E crime. lie first showed that the rear
door of he store had not been pried
OPEN Then he showed that the coal
chute was not used as a means in en-
/ trance, as it was found locked on the
inside after killing. He took the
] position BIZ ahidavits. that the
footprints in the coal dust were
not those of Haworth. His final de-
duction was that the man or men who
committed the crime were Secreted in
the store before it was closed for the
night
1 He then accused the state Of spiriting
/ away Joseph Miller. who would have
/ testified that Haworth was not one Of
the two men who got rig from He'll
t er's livery stable the morning after the
/ crime was committed Miller. In. his
I affidavit. swOre that HaWOrth did not
commit the crime because he knew per
sonally that Haworth was at his own
home the night it was committed.
{ An Alibi Shown by Andavits.
/ Then came a number Of ad7davits
( from police officials and citizens Of Og-
I den. who swOre that they saw HaWorth
/ in that city between the hours of 6 and
I lou CLOCK the night OF the murder.
! The state proved that the crime was
committed at midnight Layton is six
/ teen and twO-thirds miles from Ogden.
Attorney Weber said it was impossible
for HawOrth to have driven that dis
/ tance f. half an hour The two men
/ suspected of the crime were said to
/ have been seen driving into Layton
/ about 1880 that aight.
/ Then came letters from United States
District Attorney Joseph Lippman. DR..
II. S. Scott ard others as to the un-
! balanced mental condition Of Haworth.
I At that juncture Prison Physician
\ Young was permitted to give his testi-
mOny as 70 the mans sanity. He
/ thought him perfectly isane but illit-
/ crate.
! Afhdavits of five jurors were submit
/ ted asking for a Communication OF SEN
! tence. At this juncture the governor
\ interrupted the attorney. The board
\ then went into executive session.
/ Among the spectators during the
\ hearing were Mrs. Haworth, wife Of the
/ defendant: one Of his brothers. and w.
/ II. Streeper. who prosecuted the case.
I -anD1--H-