Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-05-06
King Roasts
Judge Powe1s.
In an Eloquent Appeal 10 HE Jury in The Ellison Case, The
Former Scores he Latter Fos Appearing in he
Prosecution as Re Hired Counsel Of Prraie Pasfy
-Ttbufe 10 Dennis Enbnos.

At the opening session Of the Ellison
case today Atty. Truman concluded his
argument and Judge King commenced
the closing argument for the defense.
The greater part OF his speech this
morning was taken up In roasting"
Judge Powers for appearing In the
prosecution as the hired counsel OF a
private party, Much amusement was
caused by the speaker reading from a
newspaper parts of a speech delivered
by Judge Powers In the defense OF a
Nebraska man who killed the seduccr
OF his wife. Judge King stated that the
learned counsel could make such argyll
ments far more eloquenty than he,
and he would Just read them and ask
the jury TO consider them as part Of
his own speech in this case,
He referred with much force and
eloquence 20 a number of cases similar
to this one, where Judge Powers In
terposed the defenses Of insanity and
justification and eontcnded that they
were not inconsistent, and that such q
defense was not a lawyer-made defense
as Judge Powers charged the defense in
this case to be In his speech of yesier-
day.
Judge Powers was not present In the
courtroom until late in the session ana
h 10 P.N If Inf ~
Kings speech. Mrs. Watson was also
late In coming in She arrived about
1880, The other deeply interested per-
sons who have attended the trial regu-
larry were present as usual today. The
attendance al the morning session was
not as large as usual. but large crowd
was present this afternoon 10 hoar
Judge Kings speech.
OPENS FOR DEFENSE.
Atty d. S. Truman made the opening
argument In behalf Of the defense yes
terday afternoon after Judge Powers
concluded his argument Mr.. Trumaa's
references 10 the life and character OF
the defendant caused the mother to
give way To tears. He drew a vivid
word picture Of the broken home and
wrecked life Of the defendant and de-
nounced indirectly the man who was
the cause OF 1t all.
He related with telling effect the
friendship which had grown up between
Watson and Mrs. Ellison. how their
acts had been discovered; how the wife
begged TO be forgiven; how Watson
confessed his guilt; how he broke his
promise given to defendant that he
would never see Mrs. Ellison again;
and how the defendants mind had
gradually given away under the great
sorrow which had fallen upon him by
the discovery Of his wife's infldellty,
until, after suffering untold agonles,
he committed the act. He asked the
jurors II they had II in their hearts TO
convict man whom the statutes give
the right TO protect his home and the
name Of his wife He argued that the
act was not that Of a mind bent upon
cruel revenge, but OF a mind unbalanced
by a wrong which was not fancied but
brought about by facts lie appealed 10
the manhood of the Jurors and asked
them to place themselves in the posi-
tion OF the defendant and see
what they would do under similar cir.
cumstances.
TRUMAN CONTINUES.
Mr.. Truman continued with His argu-
ment when court was convened this
morning. lie said In part: Gentlemen
I want to call your attention TO the tes-
timony Of all OF the witnesses on the
question OF insanity. All Of those Wit
n6sses were practically strangers to
the defendant and have no interest IN
this case, hence their tesu.
mony must be believed Take
the testimony Of Mr.. Hadley. He said
that defendants appearance was such
as to send cold chill throughout his
entire person. He said that defendant
was insane. Are YOU going to dishe-
lieve him9 Mr. Coleman said that de-
PENDANT was wild and kept saying that
he must report TO the police, that he
was under arrest Wasn't that an hall
luclnatlon? Was that the act Of
sane man? Mr.. Gerber said that he
saw defendant on Nov. Z about 8
O'Clock. and that his mind was per-
feet blank. He did not know Gerber.
wouldn't talk to him at all Are you
going to disbelieye all these witnesses
MURPHYs TESTIMONY.
Take the testimony 81 Mr.. Joseph
Murphy, a witness for the state. lie
said that the defendant made a certain
remark to him on the afternoon OF the
shooting about Watson's character as
business man. Take that statement Of
defendants and analyze IL and you will
And that Il contains no rhyme nor
reason. II is clearly dcmoniacal de.
olaratlon. That IL the testimony OF
one Of the states witnesses Tell me
that this Is a lawyermsde defense con.
Cocted for the purpose Of clearing the
defendant Why gentlemen. accord
ing 10 the testimony OF the states own
witnesses he was mentally unsound
We have introduced here testimony TO
show that a number Of the relatives Of
defendant were Insane. II may not
seem much to YOU. gentlemen, but
records show that a large rer cent OF
insanity Is hereditary. Then This young
man starts out under a handicap. the
faint Of insanity In his blood relations
INSANITY CASES.
"The records on insanity also show
that % per cent OF the cases OF in
sanity are induced by sudden shock
10 the mind Here you have this de-
PENDANT IN q fragile condition physlc-
ally, subject 10 severe headaches from
infancy and with that faint OF in
sanity In his system. Tell me then. has
he an equal show with \ strong. able
bodied man, FOR being In his right mind.
after suffering what he has by rea
son OF the discovery Of the relations
between his wife and Mr.. Watson? You
can't say that all the witnesses OF de-
PENDANT He'd Unfortunately In this
matter. This defense Of insanity is Just
as important az that Of justification,
you must consider II then as il is pre-
scented 20 YOU.
AN UNPLEASANT DUTY.
1T is an unpleasant duty, gentlemen.
for q lawyer 10 refer TO the dead. Mr..
Echnor said that Mr, Watson made no
dying declaration. There was Watson