The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-12-14
Morrow TO INSTRUCT
|FDR DEFENSE DE|N|ED
|udge Harris Refuses 10 Di-
II rect a Verdict of Not
Guilty.
VnL LET JURY DECIDE
[ttenlpt IS Being Made TO
Show That Southworth
Was Insane.
I'LL LET JURY DECIDE
al 10 The Tribune.

.,claI 10 The Tribune.
ccpEN. Dec lS.-Rulins that Ques-
4 Of fact is involved in the alleged
.ariiy OF Henry Southworrh. charged
|th murder in the first decree, and for
M reason IT is in The province OF
IN 70 pass upon this, as we'll as other
ia in the case. District Judge Nathan
Harris this morning refused 10 grant
4 motion for = directed verdict Of not
|Ify lnterposed' by Southwurth'S at
ncvs Yesterday. The attorneys Tor
defendant argued that temporary in
nItv IS one of the double -ba yreled'
MS OF Southworth, and as some OF the
-nesses who testified for The state
NJ that the defendant acted like man
|oge reason was dcthToned prior 10 and
|sr the kiIlinS OF Ned Hanks, H. was
NECESSARY 20 offer any further evil
1ce. but the court should direct the
q 10 bring in verdict OF not guilty.
Cpon the refusal OF the court 10 grant
& motion. the defense opened It's case
n morning. During the day n total OF
tsnteen witnesses were called TO the
|rd Most OF these testified that the
|sndsnt bore a good reputation among
neighbors at Pennington, Davis
|1nty. where he had lived for num-
Of years. Among others who declared
II Scuthworth's reputation was good
rs John Walsh. trustee OF the State
IostTial school John 5. White. mem
o. the Pennington city council and
h: and ]. W. Cottcreil, A schoolmatc
The defendant
n Actions Not Normal.
1br defense called 4 number or Wit
PES living al Pennington who de-
A T..lF- D.
<th came 70 Ogden on August l.,
10 Hanks was shot 10 death AZ Glon-
IA park. lie acted in an eXcitable and
1susl manner. resembling the actions
.R person insane. Among the Wit
I>es who noticed his peculiar actions
BE Minnie Gardner, ticket agent for
Bamberger railroad at Farmington,
Gu, Bsckmah, a steam ensineer
Dleyed at the Lagoon resort. Both
u Southworrh while he was on his
a TO Ogden 10 find his wife. They
|ofe That his actions were not normal.
N effort Oh the part OF the state 10
We BY the cross examination OF some
ihe witnesses for the defense that
1ks was not an Italian. was UnsUc
#{ul tcday. although John Freeze, Jr.,
'<thfd that Hanks had light com
xion. The attorneys Tor the defense
|enuouslv resisted ali efforts OF the
Ne 20 prove that the slain man was
\ an Italian, This phase OF the case
LRme important since the defense
ned It's case. as some OF the witnesses
q shown a marked prejudice against
mcmoers Of tho Italian band during
~ examination. Such references As
re "Eyet2lians" and ia goes" were
4uent. The state viii attempt 20
We that the manager or the Italian
~ was not an Italian.
Invitation 10 Rand
{hat southworth invited The man he
'eo and other members OF the band TO
Dome and knew of his wife inviting
-m, was testified 30 BIZ Witnesses to-
n When asked why ho didn't allcp
|Nlie 10 have q divorce II she wanted
.southTorth told John PUeecn, Jr,, ac-
Hlng 10 the latter's testimony. that
tas going 10 give his wife divorce
rhe comes 10 my terms" South
10 according 10 Preece, told him that
.5nYited The members of the Italian
70 his homo "to keep peace" with
-|lh. Tho wanted them as guests.
.pst SoutnTnrtn wzs cons tantly hear
GOSSIP about his wife brought 10 him
.psop'" he called friends. was evident
q the testimony Of other witnesses.
Bertha Freecs admitted that she
talked over Southworth's famiIv AZ
with the defendant prior Ia the
wing She testified. "Souihwort1
g'e Al a dance at Ls COON that his
nap FOUND somebody she liked bet
tnsn him The witness then said
told South north that she had had
|oneerSation with Mrs. Soufh~orth,
iiom what the latter SAID. the Wit
peheFed tha she had found some .
moro to her liking than the dc
said I would much rather
ny old man than an Italian" de-
~ the witness. This caused conSid .
[,h. amusement among tho spectators
4 Many More Witnesses.
is said that the defense has about
~ more Witnesses TO examine. The
~. n'h TAKE ono day in Offering tcsti-
~ reoultal. This means that the
~ WIZ not 20 In the Jury until early
* weeE Although Mrs. Southporth.
IA INC man on trial for his life,
frequent attendant al Cour, dur
earlier stages Of the trial. she
~ nsen IN the courtroom for sew
.ij patb. II if highly probable that sho
~ DC used either by the state OF
peitnhe as witness Before Tho do
oegsh the Introduction of its tcg-
~, ndertalser y. 4. Larkin testi-
Wal ne had prepared for burial the
~. - y. i. Hanks. Five bullet wounds
~ "uha INC IN the body, one OF which was
I.nr osch. This Tailed With the tes,
IIb Nra Ellz3nclh Lund. who was
Ishks Al the time he vas killed
,p lhst SouthTorth opened fire OF
vndIafmcd vned med man while his back was
"a me clothes OF the dead mar
Liz, vhnn,Imtcd to the jury. showing tho
GlVnG pina~f,,n