Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-01-24


The arguments in the case of the
state of Utah against Frank Womacx
charged with the murder of Joseph
Mathews on the night Of Oct. q. 1900,
were heard by Judge Armstrong today
and the case submitted TO the jury
shortly after noon. When court opened
this morning Col. Kaighn stated that
the defense had one more witness Tor
the defense, but he had left the county
and could not be found In time for the
trial today, 50 the defense would rest
It's case without his testimony.
District Attorney Loofbourow then
made the opening argument In behan
of the state and scored Womack round
ly for his attentions TO Mrs Mathews,
and stated that the defendant had
caused Mathews to become Jealous OF
him, and had brought all this trouble
on by his conduct.
Attorney George G. Buckle followed
the district attorney, and made 6rlet
argument IN behalf OF the defense. He
was followed by Col. Kaighn, who re-
viewed the testimony at considerable
length. He argued that the defendant
had always acted the part OF gentle
man while he stayed at the Mathews
home, and that he acted in self-defense
when he killed Mathews. District At
torney Loofbourow made a short clos
ing argument, and the court then de-
livered It's instructions to the jury, ana
the case was finally submitted
DEFENDANT TEsTIFIBs.
Frank Womack, the defendant, was
on the witness stand nearly all after
noon yesterday and told his story
OF the trouble with Mathews which
resulted IN the latter being shot ana
killed. He gave a brief history Of his
life. stating that he was born in Idaho
and IL q years of age, and that he
came to Salt Lake about three wears
ago. He denied that he had been un-
duly familiar with Mrs. Mathews or
that he had ever met her anywhere
by appointment He admitted that he
went bicycle riding with her on three
occasions. He detailed his movements
on the day OF the shooting from the
time he arose In the morning until
arrested by the police officers ut night
after Mathews had been killed.
He said that he was In bed but not
asleep when Matthews came home that
night and he heard Mathews quarrel
ing with his wife. Shortly afterwards
Mathews called him to come out and
ne arose and put on his trousers and
coat and went into the dining room
and sat down at the table. He said
that Mathews pounded his fist on the
table and cursed him and told him to
leave the house and threatened TO kill
him.
STORY OF KILLING.
Continuing his story Womack said
In part;
Il told him II was the whisky talking
IN him and that would talk 1t over
with him in the morning. Then he
reached across the table, grabbed me by
the hair and struck me In the face. We
got up about together. / knocked down
a chair as | got up Mrs. Mathews
screamed, grabbed the lamp and left
the room In darkness. Joe had me by
the hair with one hand and had the
other hand on my throat. j shook him
loose and then he hit me in the ear.
That must have stunned me for min
ute. for the next thing l knew was
on my knees and he was bending over
me with his hands on my throat. |
tried to shake him of but he was
larger and stronger than ] am, so l
couldn't get loose. think would have
l.
thought of the gun In my pocket. |
pulled 1t out, pointed It up along my
face and shot. He loosened up little
at that, and l think l shot at him
twice more the last time when he was
over near the door. thought he was
going out to tha hall to get his shot
gun, so / threw the revolver on the
table and started to run out the back
door through my room Just as / got
70 the door somebody--I forget who II
was--said You've killed him. or He's
dead or something like that, Then |
called up the police and tried to reach
doctor by telephone | was still try
Ing to reach a doctor when the police
came
Womack held pretty closely to his
story when cross-examined by the dis
trict attorney and nothing OF any adj
vantage to the state was obtained
from his evidence. His examination
was concluded shortly before the court
adjourned for the day.