Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-05-07

mitted TO the jury before court add
journs for the day. Judge King con-
cluded his argument for the defense at
about 1920 o'clock this morning and
Dist.-Atty. Eichnor commenced the
closing argument for the state. Mr..
Eichnors argument was exceedingly
strong and witty. He laid much stress
upon the improbabilty Of the defenses
interposed and argued that the story
OF the defendant In regard to the rela-
lions between his wife and MIR, Watson
was very unnatural,
He denounced the defendant, in fiery
tones, as an immoral degenerate and
said that he should be hanged for con-
niving at the alleged relations between
his wife and the deceased, which the
counsel argued he must have done II
his story on the witness stand was
true. He argued that Mrs. Elllson's
failure to come to the rescue Of her
husband and testify In hls behalf clear
ly indicated that she had been unJustly
charged by him with adultery and that
she could not forgive him.
Several little difficulties arose be-
tween Mr.. Eichnor and Mr. Truman
during the formers argument owing
to statements made to the jury by Mr.
Eichnor, and several personalities were
exchanged by the attorneys. II finally
beacme necessary for the court TO
threaten to punish them, before hos
tiltles ceased The fight was renewed
for a brief time at the close Of the ses-
sion when Mr. Truman charged Mr.
Eiohnor with misstatlng part OF Mrs.
Payne's testimony The remark was
resented by the latter and few hot
shots were exchanged. but the attor-
neys soon recovered their mem
tai equilibrium and peace again reigned
supreme, Mr.. Truman got In the last
word by declaring that II there ever
was q vindictlve prosecution, this one
was certainly It.
Mrs. Watson, Mrs. Payne and Mrs.
Ellison were IN court as usual The
latter however, did not arrive until II
O'Clock. There was the usual crowd Of
spectators present.
JUDGE KING IN coNCLuHCN
In concluding his argument this
morning Judge King SAID In part. II
have just a few more words TO say IN
this case and then my talk will have
been ended, ! desire on behalf OF the
defendant to thank the court, you gem
tlemen of the jury and the learned
district-attorney for your consideration
and courteses extended during this
trial. Judge Powers said that the pur-
chase OF that gun by defendant on
Thursday was evidence OF premedlta-
ton. Gentlemen Of the jury,
n Is just as clear as
can be that when he bought
that gun that he had in mind self
destruction. If he had intended 10 kill
Watson why didn't he hunt him the
day he bought the gun, or the next
day? Why didn't he take that gun
with him on Saturday noon when he
first went TO see Watson?
PURPOSE OF THE GUN.
III ne had any malice in his heart
when he went there that day, IL he had
intended TO eXtort money from Watson
he would have taken that gun with
him. Why. gentlemen. II Is clear that
he bought that gun FOR no other purpose
than to kin himself and his mother did
tell the truth when she said that Wat
son wanted 10 see the defendant 10 try
and induce him to leave town Two
facts stand out here, gentlemen, unlis-
puted, First. the illicit relations be-
tween the deceased and Mrs. Ellison,
as proven by the testimony Of the de-
fendant and second the confession OF
Mr. Watson as proven by Mrs Nash,
Mrs. Payne, Mr.. Payne and the conduct |
OF the deceased himself | submit this
case to you. gentlemen. We have made !
a case here that will justify any Amer
lean jury in acquitting this defendant.
POWERS WAS CRUEL.
1T was cruel Of Judge Powers TO |
stand up here and plead for the con-
victlon of this young boy Of murder In |
the first degree There is nothing In |
this case that justlfes or demands such 4
a verdict | ask you for a verdict OF 4
not guilty and send this young boy, /
with his great sorrow upon him, out /
into the world, which will be dark |
enough for him, to begin II he can, life
anew What is there that demands the
life Of this young man? II isn't Watson.
II isn't the law. There Is nothing that
demands itl II ask YOU, ! plead with
YOU gentlemen, 10 acqult this boy and
return him 10 his mothers arms. In
the light Of the facts, in the light OF
Justice, in the light Of the law and
Of this commonwealth.
ask you to acquit this defendant
EIcHNoR CLOSES.
Judge King concluded his argument
AZ 1920 o'clock and Dist. Atty. Elchnos
NJ once commenced the closing argu-
ment for the state. He stated that he
believed In the statute OF justification
lust as strongly as Judge King. bur
that he didn't believe In the abuse OF
hat statute and he didn't believe In
bringing Il into a case just TO razzle
iazzle the jury. Mr.. Eiohnor then re-
Ierred 10 the Kaighn case In which
Judge King appeared for the defense
He said that the defenses in that case
were insanity. Justification, and self
lefense, and he was surprised
hat they didn't bring in
he defense OF an allb, too. Mir. Tru-
nan objected to any reference 10 that
'ase. but the court overruled the obiec-
ion. Proceeding Mr.. Eichnor said.
Judge King said that he never heard
II conviction In case where the
Itatute OF justification was invoked
'ou all know the verdict in the Kaighn
ase Judge King was In that case.
Sow the Halliday case has been cited.
will read from the opinion OF the SUI
irene court on that case.
TRUMAN OBJECTS.
Mr. Truman objected to the reading
4 the opinion
"You didn't read from an opinion In
Georgia case. did your" retorted Mr..
cichnor.
you made no objection" answered
ir. Truman.