The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-03-22
THE SALT LAKE HERALD: SUNDAY MARCH % 1908

ity among the accused mans friends and
that some day they would get him.
As to Tip" Belcher. the bartender at
the Jubilee saloon, Mr.. Loofbourow said
that he would class him as criminal.
Belcher, he said, had served terms in
penitentaries and is now in Jail, charged
with crime. Yet fear Of his criminal asso-
ciates would cause him to tell as little as
possible as a witness for the prosecution.
Mrs Belcher. he said. he would concede
was guilty woman with Joe Garcia, the
porch climber. But because of her illicit
relations with the criminal her impulse
would be TO shield him. Therefore, he
said, her story of the meeting at her
house between Sullivan and Belcher was
true. 1t was as damaging to Garcia as TO
Richard Deming the highwayman now
serving a term in the penitentiary he
said. was induced through self interest 10
tell TO the county sheriff of Suilivan's at
tempt to escape from the county jail. AT
the time Deming was trying to curry
favor with the sheriff. He was a man
who had broken jail himself and feared
that he would be sternly dealt with. Aft
er he had betrayed the fact that Sulli-
van was saving the bars of his CELL he
asked to be taken to another cell. fearing
that Sullivan would suspect his treachery
and kill him. Yet. when he went to the
penitentiary, perhaps to hide his betrayal
of the accused man, he offered himself as
a witness for the defense.
A Penitentisry Hero.
Mr.. Loofbourow called Sullivan pen
ltentiary hero" ""He had helped to kill
a policeman" he said. THAT among the
criminals confined IN the prison, was the
supreme thing" 1t explained the appear
ance in court of John Feury and John
Munroe. the other two convicts who testi-
fled for the dZHense.
Feury and Munroe helped 10 raise the
money used in defraying the expense of
the defense Of Sullivan. Mr.. Loofbourow
said.
ut was probably some OF the convicts'
money! he said, which is now being
used in hiring detectives TO watch the
jury and see that no undue influence
reaches them
Mr.. Loofbourow attacked Sullivan 8
alibi. declaring that Mrs. Belchers testi-
mony and the statements OF Conductor
Logan and Brakeman Harrison OF the
Oregon Short Line left no doubt that Sui
livan was in Salt Lake at the time or the
murder and that he testified falsely when
he said that he walked from the city be-
fore the crime was committed
In closing, he said that the object of
criminal prosecutions was not only to pun
ish offenders, but 10 deter others from
crime. One was as important as the otner.
Prosecutions, he said, were not directed
against the man, but against the criminal,
Crime, he said, cannot be prevented unless
every man does his duty
Judge Armstrong then instructed the
Jury. He explained the nature OF the
charge against Sullivan and defined the
crime of murder. His instructions covered
murder in the first and second degree. lie
did not instruct for manslaughter:
When a man is being tried for his lite
on circumstantial evidence. he said, each
link in the chain of evidence must De
proved. Concerning the matter OF an
alibi, he said that if there was any DOUBT
that man was in a certain place the
man must be given the benefit OF sucn
doubt.
Judge Armstrong said that Sullivan S
past life should not influence the jury IN
bringing in a verdict. His past, he said,
should be considered only so far as II
affected his credibility as a witness.
Under the law of Utah, the judge sald'
the penalty for murder In the first de
gree is death. but that the jury could
Asks for the Exhibits.
lust before the jury retired, Juror Old
ham rose from his seat and asked that all
of the exhibits in the case be sent TO the
jury ROOM
"Au of them" he repeated motionlns
toward the ood-stained garments or tne
murdered policeman, which lay upon the
clerks desk
His request caused considerable won
der as Juror Oldham was the man VINO
became almost bysterical when Lawyer
Vickerv, I'm speaking of the display OF
the garments by the prosecution. nIted
the blood-staned vest before the gaze OF
the Jurors AT that time Juror Oldham
covered his face and in voice choking
with emotion protested against such a
disnlay He seemed so overcome at the
sisnt of the garments that the proceed
ings were for a short time delayed. When
he raised his head there were tears in