The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-03-22

! SamDllng-Ian- or any other game. A
/ man may win and man may lose. And
| it all depends upon the twelve men who
! have Just gone out No man on earth
| could guess what they will do. It is a
gamble-nothing more"
Sullivan Gets a Rose.
When it was seen that the jury would
not report for some time. Sullivan was
taken from the court room to the sher
/ IFS office where he could be held more
securely until again wanted in the cour.
room. Before he walked out. guarded by
deputy sheriffs. some one gave Sullivan
/ a rose. He took it politely and fingered
IL a moment. 1t was a beautiful red
flower on a long stem But roses did
mot interest him. AS soon as he could
without Offense lay it aside, he dropped
it upon the table at which he was sitting
and sighed YEARLY. When he walked
out. he left the rose where he had drop
ped II.
Antics of Mr.. Bailey.
When Judge Armstrong; court opened
yesterday morning. Lawyer j. H. Bailey.
jr., resumed his address TO the jury. 1t
was even more sensational than on the
previous afternoon. Leaping upon a
chair and then mounting TO the top of a
table in front OF the jury box Mr.. Bailey
implored th~ jury not to hang the ac-
cused man. Don't, he exclaimed, place
a rope around his neck, where | now have
my necktie.' Sullivan was at the time
wearing a necktie which his lawyer had
given him at the preliminary examination
Descending from his perch upon the
stoned address. Selling the revolver that
had been taken from Sullivan ne i'm
plored the jurors not to point the weapon
at the heart of an innocent man. The
lawyer asked the jurors if any of them
had w6yWard children who might find
themselves in difficulties. He spoke OF
Joe Sulivans mother, sitting in her
home. anXiously awaiting news of the
al ba
mother as sitting with her knitting in her
hand. praying that the jury would give
her son justice. "She is not praying for
mercy, but for Justice" he said.
Sullivan said Mr. Bailey possesses 81
choice spirit and has great work to do in
the world.
''You are not going to hang this man"
he exclaimed. He will live. II is as
wrong to accuse him of that murder as to
accuse me. If it takes my last dollar.
] shall see that those who thirst for his life
do not hang or shoot him."
Pleads for Favorable Verdict.
The lawyer urged the jurors to forget
friendship for himself or for County At
tOrney Hanson or District Attorney Loot
borrow and bring in a verdict of not
I guilty.
/ If Joe Garcia or John Owen were placed
upon the stand. said Mr.. Bailey. they
would. if they spoke the truth, say that
they were guilty, but beg for mercy. Sui
livan, he said. could only say that he was
innocent and ask for Justice
Mrs. Belcner. he said had told false
story for the purpose of saving her hus-
band from prosecution for crime.
As TO Owen, the convict informer, he
declared that the man gladly took twenty
years in the penitentiary for robbery. to
save his neck from the hangman.
Mr.. Bailey concluded by reading from
the Scriptures.
F. E. Vickery of counsel for the defense
then addressed the jury. He criticised
the prosecution for bringing into the
court room the bloOd-stained garments of
the dead policeman. He lifted the vest.
displaying the dark red mark upon the
white lining. Samuel Oldham, the Juror
/ who in the beginning objected to the dis
playing of the dead policeman's garments,
seemed again deeply distressed at the ex-
hibtion and covered his face with his
hands as though the gruesome relics had
forced tears to his eyes.
! For a moment the proceedings were
brought TO a stop until the juror recovered
his composure.
Vickery's Sane Address.
Mr.. Vickery made a clear and impress
sive review OF the testimony at the trial.
bringing out the points favorable to the
defense. He called attention TO the fact
that Sullivan when he left the state PEN
itentiary a few days before the murder
was wearing a gray suit of clothes. When
he was seen during the night preceding
the crime he was still clad in gray. When
he left the room Of Mrs Sadie Belcher, a
short time before the Albany saloon hold
up and the murder of Policeman Ford. he
was still wearing the same garments. Yet.
/ Mr.. Nickery said, that gray clad figure
was not seen in the saloon by the men
who witnessed the robbery. Mr.. Vickery
Insisted that the testimony Of a man like
John owen, who feared that he might be
charged with murder. was worthless. The
BelcherS and other witnesses he also cast
aside. Then he appealed to the jury to
give Sullivan the benefit of the laws made
to protect men from false and hasty ac-
[ cusation- He declared that there was
more than a reasonable doubt Of Sulli-
vans guilt and demanded a verdict of ac-
qulttal
loofbourow's Closing Talk.
District Attorney Loofbourow closed for
the state. He began by defining murder
in the first degree and murder in the sec
Ond degree. He insisted that a man who
| engages in the commission of crime
with another who, while in the act or
while escaping. commits murder, is
guilty of murder in the first degree.
He was interrupted by Mr.. Bailey, who
objected to Mr.. LoofbOurow's method of
defining the degrees of murder.
| You must pardon Mr.. Bailey" said
the district attorney. HE is over
wrought"
You are in the same condition" re-
torted Mr.. Bailey.
Judge Armstrong put an end to the ex-
change of words and Mr. Loofbourow re-
/ sumed his address.
He admitted that some of the witnesses
for the prosecution, Ike some for the de-
Tense. were convicts or persons Of evil
life.
James McGivern, bartender at the Con
tinental saloon, he said was a fence for
( burglars. His natural impulse he said.
/ would be to shield Sullivaa fearing that
If he became a witness for the prosecu-
ton he would arouse the enmity of GRIM
inals and that some of his operations
would be betrayed by crooks. "Convicts
are vindictive." said Mr.. Loofbourow.
"McGivern knew that for testifyine
against Sullivan he would stir up hostii-