Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-05-17
Judge Marshall Instruots Jury to
Disregard Five Of Counts
Against Defendant.
ARGUMENTS BY COUNSEL
Case Win Go to the Jury Tonight
Comes Down 10 Proposition
OF Stolen Letters.

Frank Hansen, former postmaster at
Fillmore, accused of burning tho post
office there on Sept. o. 1908, which were
commenced n the United states dis
trict court this morning had not been
completed az the time of taking the
noon recess. when court convened It
10 O'Clock. Judge Marshall asked couu-
sci t1 agree upon the time t. Doe taken
by each side BOO arguing the case, and
two hours q side was agreed upon.
Judge MariuneauN for the defense, be-
fore the arguments began, made "a mo-
tion 10 dismiss the case as 20 all thc
counts in the Indictment, ou the ground
that mo- evidence had been addu.ed To
connect Frank Hanson with the rob-
berry OF the posto1iCe nor with the ar
son OF the building
Judge Marshall ruled on the request,
instructiug the jury To disregard the
first and second counts OF the iudict-
mcnt. which charged intent on the part
of the accused TO rob and burn tine
building, ou the ground that the counts
were not $50 drawn as to justify a con-
ViCtion on the charges Judge Marshall
also ruled that the NTH count,
charging defendant with steal
ing postage stamps 10 the value
of $500. should be dismissed.
sixth and seventh counts, the court
said. would be withdrawn from the
jury on the ground that there was no
statute in the United States under
which the Offenses charged were made
a crime against the government. These
two counts charge defendant with set
ting FIRE with intent to destroy the
postofhce building and with causing TO
be burned personal property of the
United States 90 the value OF $500
Judge Marshall then instructed the
prosecution that selection must bc
made between the Until and fourth
counts as TO which IL was desired 10 go
before the jury. and United states Dist.
Atty. Booth selected the third count on
which TO argue the case. which charges
Hansen with stealing and carrying
away the letters from the postottice.
The fourth count Is but an extension of
the charges contained in the third
count thus out of seven counts
charged against defendant. only the
one remained upon which the jury will
either convict or discharge defendant of
stealing letters from the postofice
building
OPENING ARGUMENTS
Assistant United states District At
torney VIM. McCrca made the opening
argument for the government. He said
10 was an unpleasant duty to try any
man for a violation of law, yet II
was the duty of every man 60 assist m
enforcing the law Co protect life and
property. and especially Mr.. Mctrea
said. was il the duty of every man To
protect the United states pos
woman and child in the
country is Interested Attorney McCrca
traced the history of tho case at bar.
from the time the defendant Frank
Hanson. was postmaster at Fillmore
until the present time, he followed the
evidence adduced boy both sides In tho
trial and ascribcd as a motive 90 Han
SON FOR burning the postonicc ana
stealing the letters found in his posses
sion. the knocking and hatred express
ed for him bog people who wished MN
out Of the poStmastciship, He sara
there was some other motive apparent
than that of mere robbery on per-
sonal ACKNOWLEDGEMENT. and that mo-
tive should be considered Joy the jury
REVIEW or CASE.
At4 O'Clock on the SUNDAY when the
fire took place Hanson WAS at the
postoHice. showing the postmaster the
broken lock on the back door ana
wanting To assist him in putting mp
the shutters The postotGco lock. Mr.
NfeCrae said. was on Hanson's mind.
The men whom Hansen said ne had
shown the lock nu the postoiiice door,
said they had NOT been down town
that day. and that Hanson had not
shown them the lock at amy tuiD. The
evidence of the Warmer ana Trimble
bovs was reviewed. and the reason
given WHY an their testimony was not
given in tho first place was be cause
they were afraid Of Hanson, who 10
was said carried % gun. a remarkable
coincidence was shown IN the memniA