Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-12-19
WILL GO To JURY
THIS AFTERNOON.
The Case Of D. 8eynon Davies,
Charged With Bounty Frauds,
Practically Completed.
GUSTIN GOES AFTER JONES.
Says lie l. IN all Round Rascal and
Should be Serving Time In the
State Prison.

All the evidence has been concluded
in the bounty fraud case Of the State
a. Utah against d. Beynon Davies, the
arguments are partly made and the
case VIII go to the Jury late this after
noon. Attorney r. ]. Gustin introduced
only one witness for the defense, and
that was c. l.. Olson, who acted az the
official stenographer at the preliminary
hearing. Mr.. Olson read from his notes
the agreement which was entered into
Hanson for the state and Jones, Mar
an and Hanna wherein the three men
agreed TO turn states evidence In the
case and take a sentence of six months
IN the county jail and fine OF $500
with the provision that they should not
be subject to Imprisonment for failure
10 pay the fine aud they would not be
subject to any further prosecution.
AGREEMENT IGNORED.
When Jones was on the witness
stand he denied fatty that there was
any such agreement entered into, but
the stenographer was called today ana
read the entire agreement TO the jury
over the protest Of Dist. Attorney Loot
bourow, whose objections were overrul-
ed by Judge Howell The agreement
was never carried out by the state be-
cause Dist. Atty. Loofbourow. at the
time the three men pleaded guilty In
the district court, refused TO recon-
that tlaW pnlN lp piyan aiv
months in the county jail. and Judge
Richie, who sentenced them. refused
10 recognize any such agreement en-
tered into by the assistant county at
torney, ana hence he gave the men the
maximum penalty of one year In the
county jail. When Olson had conclud-
ed the reading OF the agreement the
defenle rested Its case and the argu'
ments were then commenced
OPENING STATEMENT.
Dist. Atty. Loofbourow made a brief
opening argument In behalf OF the
state In witch he reviewed the testl-
mony In the case aud pointed out what
he considered the most damaging evil
dence against Davies, whom he said
was the most guilty one of all the con-
spirators,
NAl4l4o JO.N~ao n iNhptAis'
Atty. Gustln then commenced his ar
gument but did not conclude It before
the noon recess. An adjournment was
taken until o'clock at which time
the arguments viii be concluded and
the court viii deliver the lnstruc-
tons and submit the case to the
fury. Mr.. Gustin paid his respects
10 Jones, whom he said should be In
the state prison right now as he Is a
self-confessed perturer, thief and all
round rascal The only thing known
about these frauds he said. Is what
Jones has said and aside from his tes-
tlnony the state would not know that
81 had lost one cent on these bounties.
The attorney also roundly scored the at
torney for the state because of the
agreement entered into with Jones,
Martin and Hanna. Such an agree
ment, he said. he had never heard OF
before.
SHOULD BE TRIED FOR PERJURY.
He argued that Jones would do any
thing on the face Of the earth to con-
Wet Davies II he knew 1t would save
him from the penitentlary, and that he
certainly had a motive for bargaining
with the state In regard to his evidence.
lie thought the district attorney was
no doing his duty II he did not try
Jones for perjury and send him 20 the
state prison. lie urged the Jury not TO
take Davies from his family and send
lTm to the county jail with such filth
and slime as this man Jones' and es-
pecially upon the testimony Of such
man who had lied repeatedly on III
witness stand, He said that Jones
could and did testify to more untluths
than any man he had ever known. aud
that, too, without fear Of punishment.
DAVIES ADMITTED TIPS.
When the court resumed its session
yesterday afternoon the evidence of
Sheriff Emery I'm regard to the CONVEX
sation had with Davies IN the parlor
Of the county jail upon his arrest was
Hdmttc by the court over the objection
Of the attorney for the defense. The
sheriff tgen stated that Davies admit
ted that he had received tips from Jones
for handling the dirty hides presented
for bounty.
Al the conclusion Of the stctes evil
dence the attorney FOR defendant moved
that the entire evidence OF the state
be stricken out and the motion was ar
gued at considerable length and taken
under adyisement by the court until
this morning when the motion was de-
MED The defense then called it's only
witness and the case was resumed as
stated above,