The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-04-17


position Shockley did can't plead self :
defense or accident. When he stepped :
in that car that night with his mask
and gun, those men had a right to have
shot him down like a dog that he is !
What are the lives Of those two men
compared to his? Loafer, robbeT. thief :
that he is, He is not worthy 10 livei
Gentlemen, Of the jury, expect and
ask for a verdict of guilty of murder
in the first degree without a recommen-
dation of mercy"
In Shockley's Behalf.
Attorney f. A. Wilson then spoke in
the prisoners behalf. He called atten-
ton to the fact that Shockley was on
trial for the killing of Gleason only
and not for that of Brighton. He said
if it had not been for Shockley's con-
fession he could not have been connect
ed with the crime.
The confession, he said. g is the
evidence of the state. and yet the pros
ecuting attorney repudiates this con-
fegSiOn by telling you not to believe
part of it. That is unfair, UNJUST |
Gentlemen. if you find this defendant |
guilty of murder in the first degree it |
will be the first time in history that |
such a verdict has ben rendered where |
defendant shot down a man acciden- |
tally and Internationally. We know |
this defendant committed a great |
wrong and we expect him to be pun
| ished for It; we do not expect him 10 be |
acquitted. but we do not think that the |
evidence in this ease warrants a verdict !
of guilty without a recommendation
| of mercy. 1 thank you for your kind
attention
| Attorney H. A. Smith, also for the de-
! Tense, followed and made a strong plea
| to the jury for leniency to his client.
Asks For Leniency.
"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 win 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 il 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 as ii ShOuldl
have been conducted. But we assure
you that if we have erred it has been
through inexperience and not inten-
tiOnally.
- Wecome now. gentlemen of the
jury, TO the facts in this case. The
! evidence shows that Mr.. Gleason car
| ried this revolver for a number OF
years and had said that anyone whe
attempted to hold up a car on which
he was working would get some Of the
| lead out of that gun. Mr.. Gleason was
| a good man, but 1 think he was very
unwise and 1 believe that he brought
all this upon himself do not say that
the defendant should not be punished
/ He committed a wrong in going to that
| car for the purpose of robbing, but i
do not think that he should be held re
| sponsible for what occurred after he
| abandoned the intention of robbery.
saV1N- IGT
that the killing of Gleason was acct
dental and you can't get around It
Not Confirmed Criminal.
This boy is not the confirmed criminal
! which the district attorney would nave
| you believe he is. His confession lndl-
| Gates that he is not a criminal at heart.
/ After his arrest he thought the matter
| 80 cd his eonccienca overcame him
so he sent for the chief of police and
| made this confession. That vas not the
( | act Of a confirmed criminal The district
\ | attorney is so uncharitable that he would
nave YOU believe this confession. SO far as
:; | II favors the state. but disbelieVe II wheT
r il favOrs the defendant. L want 10 Tel
YOU. gentlemen. that this defendant i:
conscience stricken over this tragedy. dn6
= while you have thought over IL and re-
|. GREETED 81 for a few moments, he has re
- GREETED it for weeks and he feels for th'
2 wives and children OF those men far mor'
than you do.
'sThe evidence shows clearly cOntin
> ued Mr.. Smith. that the defendant hat
n abandoned the intention Of robbing thes
men. a robber and a murderer doesn
/. | hesitate to rob even after he has klle'
- | his victim. yet in this case the defendan
y ! did not take a cent from these men IN
D district attorney would have you belleV
ID ! that Shockley did not fall While trylni
d | TO get out OF the, car. yet he has offere
" 1 no evidence to show that such was IN
I. case. The fact that defendant was re
= | tarded in getting out of that car is SUI
&c ficient TO show that he must have faiier
otherwise he could have got away withou
le any trouble Every fact IN TINS cas-
II | shows that the shooting of Gleason wa
8 In closing for the prosecution, Distric
- Attorney Smith said:
" Appeals For Sympathy.
'I have heard nothing here but an ar
peal for sympathy ana an ftrgurheIit .
accidental shooting. Gentlemen. Dt
nj heve that when those men came towar
ly Shockley he shot them, and shot 10 XII
or Can he come here and ask You 10 eXcus
". | him because IL was accidental when I
nd was engaged in the nefarious act or rot
ny berry, where il Is well known that Poop
who resist are killed. as was the cas-
a here? That cannot be.
They say that this defendant has 7
sit friends or money 70 help him 1 adm
IT. that he deserves no friends. The sta
ily will see. gentlemen. that every detendai
has the witnesses needed for his -deIens
ok and the attorneys for the defense kne
this and all they had 20 do was 10 as
on for an order from the court directiI
the witnesses to be subpoenaed at u
N / eNpenSe OF the state ana II WOuiu ia
been done The attorneys have only a
ed tempted TO work upon your sympathy
so as TO induce you to return a verdi
in with q recommendation of mercy. Thai
all they want. That statement OF shoe
Ike ley's about suicide was made for symp
ere 1 thy \ cowardly cur like he is does n
nd commit suicide. He asks you for nero
/ Did he show any mercy for Gleason al
zen Rrighton2 Did he show any mercy (
ere ! the wives children or relatives of tho
faithful men? No. He had no thought
Ike the widows and orphans. He only thong
G. Of his own selfish motiveS-of his
Elk. | erty He cared not how he gained su
eek ends. I cannot see. gentlemen, now
md is entitled 70 any mercy"
a. Tedious Task of Jurors.
The Jury. some of whom were chos
re- thirteen days ago. were in charge duri
on all that time of Deputy Sheriff lsa
Do Emery Walter l.. Price was forema
20 Their confinement has been prolong
i'd on account of the sickness and death
Former District Attorney Eichnor, I
vas their relations among each other We
nal more than ordinarily pleasant Nest'
day they gave 10 S. w Anderson, O
and of their number. SIX umbrella IN r.
PHI ignition of the cOurtesies he had sho'
them in the way of tickets at difrert
'ity times 10 the theatre
not The personnel of the jury follow
George D. Nebeker. Granger; Walter
for Price Salt Lake: $. w. Anderson, s
e n Lake: Frank c. Howe, Murray; John
tr. Bowden. Taylorsville; j. J. H LATIN
J. | Mil Greek: Thomas HaskfOrd. Uni'
and Wallace G. BOwring. Salt Lake Z.
/ Hannaman. Salt Lake. William IT. KIN
has ton. Salt Lake: Louis Andrus, Drap