The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-11-19

of evidence by the attorneys. The jury
listened most attentively TO the argu-
ments by the attorneys for both sides,
and carefully weighed the instructions
by the court. After the verdict Marc
vich and his wife went up to the Jury
box and shook hands with each of the
jury individually.
The prosecution was greatly ham
pered in the presentation of the case by
the disclosures which involved Deputy
Sheriff Forbes of Bingham. Forbes
was presented in a most unfavorable
light and his conduct upon the stand
and the revelations as to his real occu-
patton of saloonkeeper and gambling
house proprietor tended strongly 10 nit
igate against the case of the prosecu-
ton. During the trial an effort was
made to exculpate Forbes, but without
avail.
The testimony in the case gave a mos.
sensational account of the condition of
affairs at Bingham among the Aus
TRANS working there.
loofbourow Sums Up.
As soon as court convened. District
Attorney F. c. Loofbourow summed up
for the state. Mr.. Loofbourow dis
cussed the evidence with special refer
ence to I he testimony of the defense
N~i-N-A7 " -itoW Sci4-Qc4cnSt- ne CARE
fully instructed The jury as 20 the stat
utes governing the plea of seif-defense.
and also attacked the evidence tending
to show thea assault by Popovich upon
Mrs. Maroyich, and stated that the
evidence was of fiimsy character.
Mr.. loofbourow was followed by 2.
j. DAILY for the defense. Mr.. DAILY made
a careful analysis of the evidence both
of the defense and the prosecution. He
1Af Id
in Bingham during this year, showing
him bounded like dog, threatened with
death on every side, and afforded no
protection from the officers of the law
Mr.. DAILY then went at length into the
testimony of Lorich, Zaroran. Belich,
BOgdan and Dobra for the prosecution
and stated that their story, told exactly
alike in every detail, disagreed with and
was vitiaIed by the testimony of Forbes,
and that one or the other must be er-
roneous. Mr.. Daily made a particular
point of the fact that although Bloclxo-
vich. Furkovich, Rocco and Ivan Still
inovich had been arrested by Forbes,
and two of them charged with murder,
and had been held in Jail as witnesses
for nineteen days, the prosecution had
not called them as witnesses, but had
depended on the testimony of five men
of different faction whose stories har-
monized too we'll and whom, Mr.. DAILY
stated. he did not believe We're there at
all at the time of the shooting.
Mr.. DAILY then stated that the enc
mics of Marovich ali alluded to him as
the ghost, and that they had by that
word sworn q vendetta against him. He
closed with an appeal TO restore the de-
PENDANT to his wife.
Soren X. Christensen Talks.
Mr. Daily was followed by soren y.
Christensen for the defense Mr.. Chris
Jensen, in a well prepared and cleverly
delivered address to the jury. took the
testimony of each witness and discussed
its discrepancies. He contrasted the
different stories. and made a terrific at
tack upon the character of Deputy
Sheriff Forbes, whom he said, Re would
not believe on oath. Mr. Christensen
pointed out the discrepancies of the in
terpreters, and showed the peril of any
foreigners from imperfect OF prejudiced
TRANSACTIONS of their testimony He paid
q tribute to Nick Butkovich. who has
acted as interpreter and adviser to Mar
ovich since his trial began Mr. Chris
Jensen went at length into the feelings
which must have actuated the defend
ant upon the recital OF the attempted
assault upon his wife by Popovich. ana
demanded 10 know why, although it
was shown by the testimony of one of
their own witnesses that many Roman
Catholic Austrians were present, none
were summoned as witnesses by the
prosecution. Mr.. Christensen closed
with solemn appeal that the Jury
should bring in a verdict such as would
enable them to go home and tell their
families that they had acquitted the
man who had protected the sanctity of
his home.
County Attorney Willard Hanson
then closed for the state. Mr.. Hanson
to the jury TO weigh the evil
dence for themselves. He stated that
the defendant could not plead that he
killed POpovich in the sudden heat of
passion, as enough time had elapsed foi.
him to consider the matter coolly Mr..
then detailed at length the
course of the bullet, and stated that il
was impossible for such a wound to
have been given while the man who was
killed was facing the defendant. Mr..
Hanson appealed TO the iyrv To he fair