Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-03

mltted 10 the jury late this afternoon
and 1t Is expected that a verdict Will be
| returned before the court adjourns at
O'Clock. The entire session this morn
Ing was taken up with the arguments
IN the case and the closing argument
for the defense was being made by At
/ tOrney Soren X. Christensen when the
court took It's noon recess. Mr. Chris
Jensen stated that he would conclude
his argument In about 30 minutes af-
| ter court Convenes. The closing argu-
ment for the state viii then be made by
District Attorney Eichnor after which
| the court will instruct the Jury and
the case will then be submitted
Assistant County Attorney Dana 7.
| Smith made a very forcible appeal
IN his opening argument for the state,
| He spoke for about 10 minutes. He was
followed by Attorney G. 5. Kinney who
made the opening argument for the de-
Tense. Mr. Kinney took up about the
same time as Mr. Smith In his argu-
ment Mr., Christensen commenced his
argument at about II 30 O'clock and had
fairly got started when the court ad-
| Journed until this afternoon.
THE STATES CASE.
Assistant County Attorney Dana T.
Smith In the opening argument I'm be-
half Of the state said In part Gen
tlemen Of the jury, since the 9th Of
December, 1903, the responsibility con-
nected with this case has rested upon
the prosecuting attorneys and the sher-
| IN. Now the mantle Of responsibility
has fallen from our shoulders onto
yours, and II is for you to accept II
| and finally determine whether the de-
! PENDANT Is guilty or Innocent This is
| q case wherein Frank Rose IN charged
In the Information with murder in the
first degree for the killing of his wife IN
| this city on Christmas day 1903 This
defendant married the woman he muir
| dered. when she was only IL years OF
age. After living with her for o few
months he deserted her and for n
months failed 10 povide her with the
common necessarIes Of life, He went t.
California and then TO Nevada, and hc
! finally sent for her to come to him at
Dieppe, Nevada.
TEMPTATION IN HER WAY.
AT the latter place, he says, he dis
covered mat she nad leu Il ne Ut Shame
IN 81. Louis. lie says ne then decided
10 come 10 salt LAKE IOr the purpose on
testing her to see II she wUulu lead suCn
lie II she mad an opportunity Inc
next day alter he arrived mere We have
him taxing her into u WlneroOn, denD-
eIateiy placing temptation ln her way.
Who ~ tnls man that ne should cOnsu-
tute himself the sole judge Ol this WO-
man and condemn ner iOr her SINS ANA
then execute herr The testimony
shows that this woman sold her VIRUS
time and again 10 lurnlsn this man
with money lie ADMITS mat sne
brought him $50 aud he accepted IT,
DEATH WAS PREFERABLE.
lie says thae she was whiting that
he should shoot hel Perhaps sac aha
prefer death 10 ne Oh shame IA CONF
pany with such a brute. tie Is attempt
ing to justify himself and make you
believe that his honor as a husband
had been outraged by her lnhdenIy. lie
Is Conceaing something here IN con-
nectiOn with his actions, lhat is shown
by the evidence OF Two witnesses Tor
the state VINO testined as TO Rose bring
Ing his wife to the saloon and soliciting
men tor her. Then again ne says there
was no resistance Oh the part OF his
wife when he shot her. The facts are
that the flesh In both her hands was
torn. Is 1t not probable that there was
a struggle that she grasped the re-
volver that he pulled 1t through her
hands and tore the flesh and then over
hoo ,.I ttttttsI.p.l h.VV AL
Is most certainly reasonable deduc-
ton to be drawn from the testimony In
this case,
MOST HORRIBLE.
THE action OF this brute In murder
ing his wife as he did ana leaving
that little baby there with is mothers
corpse Tor two days was most horrible
aud atrocious In every detail. His at
tOrneys viii tell you that the enormty
OF the crime Is IN itself evidence of the
insanity OF this defendanL Gentlemen
Il that Is tho case, then all murderer
has to do Is TO make his crime ~
atroci0us as possible aud interpose a
defense Of insanity and then be uc-
quilted. They viii argue that he be-
lleves In predcstinatlUn and that he
could not avoid killing his wife because
he believed that he WAS prcdostluei
to do so. Gentlemen. | care not what
are his beliefs, whether II Is pred astina.
ton or anything else. The law does not
recognize any religious belief or creed
as defense for such "a crImo as this.
KNEW WHAT HE DID.
Defendant was asked Il he knew at
the time he shot his wife that he was
committing u crime. and that he would
be punished by the law for IT, Ills
answer was that he did. Gentlemen
Of the jury. II ne knew that hc was
perfectly sane ana knew right from
wrong The only question for you to
determine ~ whether he knew right
from wrong Mt the time he committed
this aci and according TO his statement
there Is no doubt about that II you
lind that he did know right from wrong
II Is your duty To return q verdict OF
guilty All we want you to do Is to
carefully consider that question and
render u verdict In accordance with the
testimony here. | thank you for your
attention"
ARGUMENT or DEFENSE.
ATTY, e, S, Kinney made the opening
argument for the defense lie referred
TO the crime as being one OF the most
unusual In the history Of crime. lie
reviewed the evidence In regard 10
defengant's married life, Of his at
tompts TO induce her to quit her NE
OF shame aud lead an honorable lie
Rose detailed the killing OF
his wife TO you very minute
ly" continued the attorney, "aud told
you that he had threatened to KIN her
several times II she did not quit her
life Of shame, In vlcw NJ the Injuries
received by him several years ago and
IN view Of the horrible details connect.
ed with the crime, must confess that
! am unable " state whether be IA Sana