The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-08-25
SOUTHWORTH Is
HELD To ANSWER
slayer of Ned Hanks Must Face
jury on First Degree Muir
der Charge.
MOTION TO DISMISS ON
INSANITY CLAIM DENIED
Attorney for the Defendant
VIII Seek His Release
on Bail.
Special to The Tribune

| OGDEN, Aug. 24.-Henry Southworth
VINO VINO In a AT OF jealous rage fired five
| SHOTS Into the body OF z. L. C'Ned'''
htaanKs, manager of the Don Phiippin
pand, at Glenwood park the evening OF
august l2, must face jury In the dis.
lrict court on a charge OF first degree
murder AT the conclusion OF the test-
,aohy or several eyewitnesses to the
bb,asens beartns haf introduced iced at the preliminary
Knees at Pleasant View today. the mag
istrate ordered the defendant bound over
70 the district court for trial by a. Jury
OF MS peers. Mrs. Southworth was pres
stand.
The decision of the court was unex
pected, since there was motion inter
the dismissal of the case on the ground
that Southworth's insanity had been
proven by the witnesses for the state.
In ordering the prisoner held for trial.
the court gave the defendant no oppor-
tunity to introduce testimony. but the
defendant and his counsel expressed
themselves as satisfied with the deci-
sion.
When County Attorney David Jenson
announced that the state had closed its
case, Attorney Halverson made motion
mony of some of the witnesses showed
that the prisoner had acted under great
provocstion. which had produced a state
Of temporary insanity After hearing
VIC tUe cOuIl h enDTl
recess. At the expiration OF the recess
Justice Rhees rendered the following de-
cision. THE charge In this case is
grave one and in nv opinion the evidence
produced is sufficient TO hold the defend
ant to the district court"
Southworth was brought back to town
in an automobile and lodged In the coun-
ty jail Attorney Halverson will within
the next few days apply 10 the district
court for ball for his client.
From the line OF questioning OF the de-
fendaut's attorney II is evident that the
defense Will be temporary insanity. and
justificatio under the laws of Utah COW
ering such cases, will be relied upon at
the trial as justification for the killing.
County Attorney Jenson called Super
Rapid Transit company as the fret wit
ness at the preliminary hearing. Mr..
Bailey assisted Patrolrnan ], A Herrick
peculiar actions of the defendant after
he had emptied his revolver into the
body Of the band manager and OF his
apparently excitable condition, Patrol
man Herrick substantiated this tesu-
mony,
R. Fl. Wooten testified that he had
seen Southworth on street car going
10 Glenwood park the night Of the killing
quiries about. the Phllpp!ni band being
wife reached the park they saw South
pssrnr woa no the faees Of peops who's
were seated on the benches and in the
dance hall. Wooten testified that the
defendants peculiar manner attracted his
and his wife's attention and that they
watched him as he lodged behind trees
and sltulked through the grounds. From
his experience with Insane people.
Wooten testified that he was convinced
that Southworth's actions the night OF
the killing Indicated that he was men
tally deranged His testimony was cor
roborated by his wife.
When the state closed its case Attor-
ney Halverson insisted that the county
attorney call Mrs J. ]. Lund. the mother
OF Mrs. southworth. 10 the witness stand:
The court overruled the motion and
neither Mrs. Lund nor Mrs. Southworth
were required to testify.