The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-03
WILL GO
To JURY TO-DAY
Testimony in Murder Case Is in
and Jurors Are Hearing
Arguments.
ATTORNEY KING MAKES
PLEA FOR JEFFRIES'S LIFE
Assistant District Attorney As
sails Character of Prisoner
and Some Witnesses.

Carefully reviewing the testimony OF
the several witnesses In the case, Attor-
ney (. y. King made his argument in the
fight 10 free William Jeffres. on trial
in Judge q. j.. Lewis's division of the
Third district court for the alleged mur-
der of Timothy Churchill, alias Thomas
Pattcn. Thursday afternoon.
Both the state and the defense rested
about 8 o'clock and Assistant District At
torney T.. o. Leatherwood opened the ar
gumcnt for the prosecution. Attorney
King was in the middle OF his argument
when the court adjourned al . o clock ana
he Will resume when the court conVehes
this morning.
In tho argument for the state Assistant
District Attorney Leatherwood attacked
the character of certain witnesses VINO
testified for the defense and also OF the
defendant himself and others associated
with him. The prosecuting attorney de-
ciared that IL was merely a case OF WIN
ming the favor OF a woman OF the under
world which resulted In the shooting I'm
the Heidelberg saloon shortly after MID
night. August ., 1910.
Argues for Mans Life.
Urging the upholding OF the law, but
emphasizing that murder in the first de =
gree must be committed prcmeditatcdly
and with malice aforethought. Attorney
King said that the testimony of several
witnesses showed that Jcffries shot
Churchill In selfdefcnsc Attorney King
declared that II was impossible, accord :
Ing 10 the testimony of the different wit
nesses for the shooting of Churchil TO
have been committed with malice afore-
thought.
Jefrries was on the stand for cross
examination Thursday morning. but he
prosecution could not break IT, He admit
ted. however. being friendly with the
Kelly woman, whom the shooting Is al
legged 10 have been over. but denied that
How
from Churchill,
Defense's Star Witness.
Several other witnesses testified Thurs
day and number II others We're called
in rebuttal but the star witness OF the
day for the defense was Barney j. l.avine.
VINO arrived In the city last "Wednesday.
Davlne was an eyewitness to the affair,
being one of The five men who sat at
the table when the shooting occurred,
Layine's testimony In The main conceded
with that Of the other witnesses for the
defense. Iavlne told OF the assault OF
Churchill on Jeffries. and declared that
Churchill had been toying with a knife
and that after Jeffries had left the saloon
Churchill. Churchill had made threats
that he would kill Jeffries II he came
back.
Lavine was formerly bartender al the
Kenyon annex and testified that the night
OF the shooting he had gone TO the Hell
deibere 10 wait for Bartender Murphy
Pete Carlson undertakcr'S assistant,
was on the stand also. and he testified
that there were powder marks on the
face Of the dead man. showing that the
shot had been fired al close range which.
the defense claims. substantiates the tcs-
timonY of Jeffrles that lie shot only when
attacked by Churchill
Harry Gilmore. the waiter at the Hell
delberg the night OF the shooting: Deput !
Shern Andrew Smith and Officer Pattcr-
son were recalled in rebuttal for the state.
while Bartender Murphy was called in re-
bnttal for the defense.