The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-05-09
MERCILESS AND
BITTER SPEECH
Preston and Smith Arraigned
for the Murder of Joseph
Silva at GoIdfie!d.
INTENSE INTEREST SHOWN
CASE WILL PROBABLY GO TO
JURY TODAY.
(special to me Herald.l

Especial to The Herald.)
GOldfield. New, May S.-With a terrible
arTaignment of the defendants, the wit
nesses for the defense in the murder trial
of NJ. r. Preston and Joseph Smith, Spec
ial prosecutor Douglas opened the fight
Tor the state this afternoon. the prOSeCu-
ton having finished in rebuttal at the
morning session of the trial. AS scathing
and bitter an arraignment has seldom
pltlleSs faying of the accused men, the
interest was so intense that hardly a
sound or a movement came from any one
IN the crowded room. Twice during the
hour in which Attorney Douglas delivered
his mastery argument, Preston dropped
his head as the tears rolled from beneath
the heavy veil his mother wore. But the
rest of the time his eyes were riveted on
the face OF his accuSer and the entire ar
gument was listened to by Smith with the
same show of brsvado and indifference
which has characterized his attitude dur
ing the entire proceedings.
Powerful Plea.
Such a fearless arraignment as that
given by the young prosecutor was not ex-
pected- No words were minced in his de-
nunciatiOn of the men who have been such
a menace to Coldfield for SO long and
during the argument the astOnishment
and suppressed excitement on the part of
the sympathlzers of the accused men was
plainly evident. Mr.. Douglas forcibly
stated that under no circumstances would
he allow himself TO be connected with a
but in this instance he was confident
beyond all doubt as to the guilt of the
two men involved. The speaker forbade
that the great state of Nevada should
wish TO shed a drop of innocent blood, but
in this instance there was no question
in view of the great mass of evidence pro-
duced by the prosecution as to the guilt
of the defendants. He time and again re-
ferred to the two defendants as diaboIical
assassins and bitterly arraigued them for
the cowardly crime he claims they are
guilty OF and for the fact that they have
gone through the trial from day to day
and have evidenced in 10 way a particle
of shame or remorse.
Great Principle at Stake.
Attorney Douglas impressed upon the
jury the fact that a great living principle
that is not bounded by the state lines of
Nevada, but one that is held high the
world around. was involved. The calibre
of the witnesses put upon the stand by
the defense was referred to in Scathlng
terms by the special prosecutor and he
urged that the jury in considering the case
also consider the makeup and demeanor
of witnesses. The attorney stated that
most of the witnesses for the defense were
prejudiced and accused them OF perjury
JurgenS Tins and st. John were among
the witnesses for the defense who received
especially strong denunciation. St. John
was referred to as man who mad
brought more misery, hardship and trou-
bic to the homes of labOrIng people than
any other agitator ever disgracing the
country He denounced the alleged con-
spirators as men who sought to bring
about a result that would undermine one
of the most promising sections Of the
United States.
Agreement Of Defense.
Attorney Hangs, upon the conclusion of
the bitter denunciation by Special Pros
ecutor Douglas, faced the jury to make
the opening argument for the defense.
The counsel Immediately proceeded to
deprecate the fierceneSs with which
Douglas had attacked every witness on
the side of the defense. He insisted that
the attorney for the state had allowed
his personal feeling to have full sway,
and had denounced both men and women
when the evidence of the case did not
Justify such. Mr.. Hangs followed closely
the conflicting evidence given as regards
the doings leading up to. during and after
the shooting. and from his point of view
the strongest sort of a case of self-de-
Tense had been built up in behalf of Pres
ton. Attorney Hangs dweit at length
upon the ClaybOrne testimony and the
conspiracy charged in the case He de-
nounced as ridiculous the idea of almost
an absolute stranger in i. W. W. circles
being taken into the councils of band of
conspirators, if conspirators they be, and
allowed TO give evidence that would i'm
plicate them in a diabolical crime.
Paul Schultz, formerly a waiter in the
Silva restaurant, was the most important
witness for the state in rebuttal. and
gave very damaging testimony which re-
manned mistaken during the cross-exam-
nation