The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-12-12
SWEARS SOUTHW0RTA
SHOT FROM BEHIND
Mother of Slayer's Wife Chief
Witness for Prosecution in
Murder Trial.
TESTIMONY UNSHAKEN
Defense Makes Double Plea OF
Insanity and Privilege OF
"Unwritten Law
TESTIMONY UNSHAKEN

specsi 70 rhe Tribune.
OGDEN. Dec. Gt.--Eye witnesses 10 tne
tragedy a; CIerwood park the evening o.
Aua;st l.. In which l.. l.. Hanks. man
2rer OF the Don PhIippini band, was shot
10 death by Henry Souihworth, 'AIn,eI
L Davis county took The witness st3nu
;odav and detailed tho manner IN "i'''"
The unarmed man was slain.
al heard two shots fred from ncuiho
and Mr. Hanks. staggered, al Nc NC '.,,. n,..
CRYING. nv God am hurt. then s."
Henry Southworth run past me Wl'h .,, n.a
revolver in his fand. He fred two more
shots az Mr. Hanks, ana Mr; M t'tNI tj,rI,,nS m
recital by Mrs Elizabeth Lund mother
of the defendants vile.
Despite the effort cf the deiensc 10
discredit hcr statement. the TltncSs re-
niained urshntcn IN her story and lnsi;st,
cd that the first sho, caro from penluu
and thai tho defendant Kept hrinS si,e' ,
ris victim had fallen TO the grouia' M, so. =,
I,tind had come Ia ogden, she suid. 10 sec
some of the members of the ltalah pano
who owed her sum OF money ior euttcr
AND eggs purchased WnlIc IN" pdl'n w. w.
rlaylng an engagement Mt Lagoon ne'ore
coming 10 Ogden she said thai her
daughter. Mrs. Southworth. jo!ned hcr AT
Glenwood park the evening OF tho usS,
edv and that she. Mrs. Souihwortn ana.
Hanks had just been over 20 the dance
hall and were returning To the bannS'hna
where the evening concert was to pe nc.o, 10,
when Southworth began 10 cHlPly h's Ic-
Slayer i'll Ugly Mood.
..ifisr ;he shooting Was over" she con-
,lDtIed Henry started 70 run back past
me and toward the dancing paVin2n. i
caught him kv the arm and saln. zen? =;
for Gods sake. What nave You aoI@ had
word. said. Leave INC alone or VIII
kill YOU.
known the defendant since his boNhond,
that she is now and has always been
pstrolr1an J. \. HerrIcl, superintend,,
su, Joseph ". Bailey OF the OGdcli Renlo
Transit company and William j.; Ni's
,vero tho other cyc- witnesses called by
thc state today. chcir 'csl irnonS VIZ
practically the same az that gwen ~ tne
coroner's inquest Each agreed that the
defendant acted like man oereit oi his
reason temporarily
Vt the opening of court this noInitnS'
District Attorney T. r. Hulaniek brief
l. reviewed tho history Of the shooting
lie outlined In general wsv what the
state intended 10 prove ny its VII
possca and stated that a ConNlcllon 'ni
murder in the frst degree would ne rA-
rncted by tne state. While admitting
HAT fi5c defendant is entitled 10 every
reasonable doubt and is clothed Win me
presumption OF Innocence. the district
attorney pointed curt 20 the Jury thai
the defense OF insanity which viii be
offered Is an affirmative defense anu lne
burden al it's proof is on the defense
t'ntil insanity Is proved tho district at
icrenv declared that The prisoner must
hr presumed 10 have been sane mt tAe
time Of the homicide.
Defense Pleads Insanity.
Attorney Daniel Alexander OF counsel
for the defense outlined the defense to
he offered for the killing OF Hanks. Hc
declared that at. the lime or the shoot
ing Southworth was "a; crazed. insane
and IRRESPONSIBLE man" The attorney
also showed that there will be another
defcusr-that giving q man tho right 10
protect the sauctity Of his home. Upon
the subject OF insanity the attorney de-
cllred that II would he shown that
Southworth had a sister who was so
rrazy that she ATTEMPTED 10 do bodily
BARN To thoso attending her on 'ner dying
bed. Attorney Alexander related the
rircumsSances which led to the killing
nf Hanks. the friendship which existed
between Mrs. Sou'hworth and members
of the Italian band and the alleged re-
lstions between Hanks and TIC defend- :
ants wife. which. the attorney says.
VIII bc proved