Imperial Valley press., 1930-01-16
LIFE SENTENCE
RECOMMENDED
FOR TRIMMER
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shot. Smith showed that there was
absolutely no provocation for the
shooting and termed the killing "the
most .atrocious and cold blooded |
ever heard of. - Taking Trimmer IS
own statement that when lodged in
the Yuma jail awaiting the arrival
ct officers from this county, he had
immediately gone to sleep, Smith ar
2ued that such an act showed Trim
mer to be possessed of hardened
and callous character, if, as he
further pointed out, he had actually
gone to sleep as had been stated.
In his concluding argument he
pointed out to the jury the very evil
dent differences in weight and
height between Garrett and Trim
mer and that, according to the dy-
ing statement of Hernandez, there
could be no doubt as to whom had
done the actual shooting. He asked
the jury to inflict the sevcrest pen
atty prescribed by the law for such
eases.
Lee Nuffer, derensc, attorney,
then took the jury. He spoke of
the Mexican's dying declaration as
the only evidence in the case and
that he believed him to be so ex-
cited when he saw the gun that
it looked like cannon to him and
the man holding it to be a big man,
to account for the "largest man.
given in the dying statement. He
also reminded the jury that the test
imony of accomplices should be ac-
cepted with the greatest distrust cs-
pecially since they both had been
convicted of felony in connection
with the same case. Such evidence
should not be accepted unless cor
roborated by that of others and he
argued that Hernandez was so bad
ly injured that he could not dis
tinguish clearly between the three
men and that in all probability he
was mistaken. He attempted to
prove that Garrett was more dan
gerous man than Trimmer because
he had been known as dope ad-
diet and that therefore, his evidence
especially ought to be accepted on
ly with the greatest caution.
A recess was taken at 3:l5 after
which Ray Johnson, associated with
Lee Nuffer in the defense, took up
the argument to the jury. He ar
gued for a lack of motive and be-
lieved that Garrett had committed
the crime, unknowingly and under
the influence of dope. He was con-
vinced that the truth had been told
by every witness appearing before
the jury excepting Helms and Gar
rett. The Mexican was mistaken,
Johnson said, and saw Garrett, not
Trimmer holding the gun. His con
dition, that of dying man, had
lessened the sharpness of his senses
and he was therefore unable to dis
tinguish things as clearly as he 9th
erwise would have done.
The final stage of the trial was
reached when District Attorney
Hcald took up the argument for the
state.
"Who fired the shots" Heald ask
ed, and answered by again quoting
the statement given by the dying
man. Hcald declared that never
before in his career had he ever
heard such a clear and complete
statement from dying man. "Her-
nandez described each man perfect
ly, gave details Of what was in the
ear they were driving, its make,
model, year, and other facts which
made it possible for Officers at
Yuma to apprehend the trio without
the least difficulty" Heald said.
"His was the only word they had to
90 on in making the arrest. There
could be no mistake; the Mexican
was telling the truth. The events of
the shooting were impressed so firm
ly and strongly upon his mind that
he cduld not be mistaken"
Heald challenged Trimmcr's tcsti-
mony all the way through, especial
ly that part of it where the accused
had testified that he had been
asleep in the back of the ear from
Calipatria almost to Yuma, yet he
was able to give such vivid details
of the shooting; the way Garrett
held the gun; the actions of the
slain man and other points which he
could not have known had he been
asleep as I've claimed.
The physical facts of the shooting.
Hcald argued, disproved the testi-
mony of the prisoner. Holding up
the coat worn by Hernandez when
Ire was shot, Head showed that the
wound could not have been inflicted
in the manned indicated by Trim
ner when he said that Garrett had
held the gun up high, almost rest
ing on his left arm. The course Of
the bullet was downward and not
on straight line.
He again pointed out many dis