The daily sentinel., 1907-03-22
@ H ss Roth Rivers Rising "

best known families here, his father
being one of the largest property
owners in the county. He is related
by blood and marriage to several
prominent families of the city and
valley. He and Hoshins have long
been deadly enemies. 1t is to be
hoped that Mesa county will not
again be called upon to bear the ex-
pense or be the scene of such trial
The arguments in the Jaynes case
were among the ablest ever heard
in the Mesa county court house.
Attorney Fry's Address.
As announced yesterday by the
Sentinel Attorney Fry. deputy dist
riet attorney. delivered the opening
address for the prosecution. He re-
viewed the evidence in a pretty thor
ough manner and then dwelt largely
upon the claim that the defense had
no case. Mr. Fry spoke about one
hour and was then followed by At
torney Samuel y. Wheeler. for the
defense.
Wheeler for Defense.
Mr. Wheeler spoke for about an
hour and a half and it was a mastery
effort, a splendid argument that he
made in behalf of his client. Mr.
Wheeler's araignment of some of the
witnesses that appeared for the pros
ecution, especially the detective,
Watson, and Harry L. Hiatt, was
most cutting. He denounced Hiatt
as "a sneak thief" and bitterly de
nounced him for taking an undue in
terest in the case md under cover of
darkness going to the Jaynes ranch,
hiding in the packing house and eves-
dropping a conversation between
Jaynes and the detective, Watson,
with of course, the knowledge of
Watson.
Where is Selig?
Mr.. Wheeler called attention to the
fact first brought to the notice of the
public a few days ago by the Sentinel,
the fact that Hugo Selig. district at
torney. has left town and has given
no attention to the prosecution of
this important case. Where is Sc
lig?" asked Mr. Wheeler. but on an
objection raised by Deputy Attorney
Fry for the prosecution the
court refused to allow Mr.. Wheeler'sI
statements regarding the absence of
the district attorney. to be consider
ed by the jury.
AT the conclusion of Mr.. Wheel
er's argument shortly after five o.
clock an adjournment was taken un-l
til 1880 in the evening when the ar
guments were TO be concluded forI
each side.
Court Room Crowded
At 7:3O O'Clock the court room
was crowded to overlooking, perhaps
fifty people were standing in the rear
and along the side isle and great
number were unable to gain admis-
sion.
Logan's Strong Argument
Attorney Stroud NJ. Logan was the
first to speak. He made the closing
for the defense and pow
erful, well arranged and clearly put
it was He spoke for one
hour and half and held the closest
attention not only of the jurors but
Of all the court room.
Not On Confession Alone.
Mr.. Logan dwelt mainly upon the
evidence as it applied to the instruc-
tions given to the jury by the court.
He would specially impress upon
the jury that the law always viewed
with a scant eye a confession or an
alleged confession. He declared that
the only evidence that had been
brought before the jury by the prose-
cution was evidence expected to show
that there had been a confession
made by Jaynes. He pointed out that
the court had made an instruction
to the jury to the effect that JaynesI
could not be found guilty on the evil
dence of a confession alone unless
was corroborated by evil
dence of a different character but up
on the same point. Mr.. Logan con
tended that this the prosecution had
failed to do, that all it had done was
to introduce testimony to show that
a confession had been made. This
testimony was given, he said, by a.
hireling detective, James Watson, "
by "Malcom Swanson, who had come
on the witness stand and swore on di-
rect testimony that he overheard
Jaynes say that he put the poison
in the feed box and then admitted to-
the defense's attorney that he had
told Mr.. Wilson some time ago that
the man he took to be Jaynes talked
so low that night that he could not
understand him." and it has also
been given by two other men, o. W
Hoskins. the complaining witness