Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-04-16

| instructions which he assumed the
court would give to the jury IN behalf
Of the defendant In referring to the
confession, Mr. Wilson said that II II
had not been for the confession the de-
PENDANT would not be convicted for any
offense whatever because there Is moth
ing else whatever in the evidence In
the case which connects him with this
alleged offense.
THE CONFESSION.
"rhe confession" continued the at.
torney, is the evidence of the state
and yet the prosecuting attorney repu-
dates this confession by telling YOU not
to believe part of 1t, That is unfair,
UNJUST Gentlemen, II you find this de-
PENDANT guilty of murder In the first de-
gree II will be the first time in history
that such a verdict has been rendered
where a defendant shot man acct
dentally and unintentionaly We know
this defendant committed a great
wrong and we expect him TO
be punished for II, we do not expect
him to be acquitted, but we do not
think that the evidence In this case
warrants verdict OF guilty without
recommendation of mercy | thank
you for your kind attention.
TRIBUTE TO EICHNoR.
At II o'clock Mr. Wilson concluded
his argument and the closing argument
for the defense was commenced by At
torney III, "A, Smith. In opening he
paid a feeling tribute TO the deceased
district attorney. Dennis G. Elchnor.
In referring to the statement of Dis.
trict Attorney Smith that he an.
preached the case with hesltancy the
attorney for the defense stated that he
too, approached the case with much
greater hesItancy than the attorney
for the state,
1.-THE district attorney" he said, "has
the state back of him and the officers
Of the law, and all he has to do is to
command and they will move. Where
Is the noise which Is lifted up In behalf
Of this defendant? He has no money
and can't command these officers, hence
II there Is anything TO be done, we
must do Il, Therefore, gentlemen, we
hesitate IN approaching this case, and we
may owe our client an apology for not
conducting the case az It should have
been conducted But we assure you
that II we have erred II has been
through ineypelIence and not inten,
tl0nally.
GLEAsONs REVOLVER.
1--WE come now, gentlemen of the
jury to the facts IN this case The
evidence shows that Mr. Gleason car
ried this revolver FOR number Of
years and had said that anyone who
attempted to hold up car on which
he was korkIng would get some OF the
lead out Of that gun. Mr. Gleason was
good man, but | think he was very
unwise and / believe that he brought
all this upon himself. ! do not say that
the defendant should not be punished.
He committed n wrong In going 10 that
car for the purpose OF robbing. but !
do not think that he should be held re-
sponsIble for what occurred after he
abandoned the intention Of robbery,
The evidence shows clearly, gentlemen,
that the killing Of Gleasan was acct
dental and you can't get around It,
You can't bring any other condition
upon this boy II can't be done'
THIS is ASTONISHING.
"Thls boy Is not the confirmed Grim,
ina which the district attorney would
have you believe he IL, His confession
indicates that he Is not a criminal az
heart. After his arrest he thought the
matter over and his conscience over.
came him, 80 he sent for the CHIEF OF
police and made this confession. That
was not the act Of q confirmed crim'