Show ose the Fiend tr f i Jt Was He lie Insane 71 J t Counsel Counse for Defense So Argues Prisoner Himself Sas 0 f t Was Has Not Nol and That Hc HI Knew What He Ha Was IVas Doing Doll Doii j 1 When He lic His is Wife I and Wants Valls to 10 ba bo 0 o Punished Stale Said Would Him ii The J lO murder cn Co o will uil be he lt sub Rub submitted to o tiit jury Jill iota Inte Int this afternoon am It I 41 ta s expected that lint H a verdict will 1 b he be returned before tho the court cout adjourns it lit lt itC C 5 o lolk Ih session this morn mornIng morning Ing In wag 1 token tol l up with wih the arguments argument ira Irv 11 the tho and amid the lie closing co argument lot or the Ito defense 11 being made Ilde by I At Attorney torney turney turne Soron oJ X when whon time tho tHI court took Its Ia noon recess tes Mr Ir Chris Chrs stated that hn lie would conclude lila his hil argument In Iii II about 30 minutes af at after lt ter court closing chasing co ment meat for tor the time tate state wilt will 11 then bo he by hy District Attorney tore arter which tho the court will wi instruct tho ho jury and amid the lie case CIRP will wIl thou then Iw be bl submitted I County Count Attorney Dana Danl T Smith a 1 very ery forcible appeal In iii lila his the opening argument for tor state sae Hc Ito spoke for about 45 minutes Ho lie II tuna IQ followed by II Attorney C C S who wlm made mude the opening argument for tor the tho lie de defense deCene tense Cene Mr Mc 1 took up II about tho the same attune time ns as IH Mr Mt 11 Smith In his argument ment Insult Mr 1 commenced hi hil his argument at about 1130 1 ii 30 anti hail had got Kot stalled when the tho court ad mid adjourned Il until thin THE lm STATES CASE Assistant County Coulty Attorney orne Dana Dan T I Smith In iii II the time argument In be bl behalf half of the state Plate said In part len Gen Gentlemen telen of ot tile lie Jury JUr shin tho lie of or December tho tin con cumi with this case CORO linn ha rusted stell upon 1111 the tie prosecuting attorneys n 1111 the tho flier piter Iff Now the of oC t Nol rt rr poni has lisa fallen from nun nut nur shoulders onto Olto yours our ld It I Is IR for Cor you 11 lU to accept It Il and dually I ni 1 determine whether the he de the defendant Is in II guilty or Innocent This Is la lan Iso Isa n o ease case wherein Frank Franl Rose Hose In II charged In 1st tho the with in tho the fist degree for tor Ito tho th killing of oC his in inthis this lute city cl on Christmas day ihal tIl 1903 Thin Timis defendant married the tho woman ho h mur muir dered when she ho was only amity Hi iii II yearn of ot age nl After Alor living with hot her for lor nr n a few Cew ow months monthA he hl deserted her nail for tor H it I months failed tale to her with Ih the thie tie common necessaries nece of ot life Hc Ito Io welt to 10 California and multi then thel to tf Nevada and he lie finally sent cent for CM her to come COle to him at nt Dieppe Nevada TEMPTATION IN IX Ii WAY WAh w y yAt At t tIle Ulu latter he hf says hay he die dla one BOO tn mid lea teu a L niu I iii 01 at mainu III ill bt eit t Louis LoUI lie liu lie ftc thou II 11 e to 0 COllie COlu to tu built alt JUK I iw tin Lila HID U 01 It t tilling tl fbi lier Iel 10 to cee MC It I Khu lUCI I a u nit Ilie if It situ she it tUtU luaU an aim 11 opportunity ino Jo i no next ext lay day utter litter lie liu hI MI tie I havo him Ii tug tier tutu lulu u a I id I Li LiI I I Ic my lug In 1101 in III i hi tr I ti o ov v tiu ho in Id 1 tillS mis unit 1111 lILI no nu should tutu tUte himself IIII IC lime tiiu sole Dole judge or tItus tins wo ito woman 10 man 11 aim U Ii it lel Ii Ci 11 her h r sins MIM am ud tel her I e rIme fe lint Wil tills tula 1111 euid suid hey her hiI linn t I niti ana a nil lii lu tu t U tills t lit s nina man wih mOle 1 1 lii that IIII n brought him 10 Q 1111 lie liu It I WAS W A is IH Hc lie le nays bala baa ehe was wl willing that he lie shout hum Hoi mu situ uin luster to IC II u lime nie Ile ut UI in ill II corn com puny HUili a lie tiu HI Is lug ills to JI tl and 1111 muKu you mat hut lila his hanoi as mis iK a IL hull luia heel ll by item her h I He ute HeId Hi Id is here in Ill II tOll 1 WRIt wan imis just Is shown by U the lie ot or tuo IVO for fortie or orthe the tie lie state who uvito an ts to lo wo bring bringing lag ing lu his hid wife to Lao and Ind soliciting lul tor lor her hur Then agalli lie says I theme thero was 11 mm IU on oil tile the tie part hurt ot his lila Ito when I hel he shot her The facts are aru Iro that the tho In it both her hands luau ms torn torl U is I It nut hut that lint theme thelt was wasa 1111 a struggle unit Hint Iho grasped the tue re revolver r revolver volver that Dial ho milieu It Il through her amid tore thu tuh and Ind then hen thel oer 11 her bet hll murdered her hem Is iii limn certainly u ii I r hilt to be tie drawn from flom thu tho lie lu iii luthis II this lila case MOST I The he action of this brute In murder murdering ing his hil wife u l un hu ho did til und amid leaving but little baby then wih with Its It I COIll for br MIO tuii lays days was UH mo t horrible aunt 1111 atrocious In imi 11 story every detail ills His Hs at nt will wil t tel tell ll you 01 thal limo thu enormity of oC IC t lie Ie crime Is In In 11 of oC thu ho thuIn In of oC this defendant If It I that li ii I tho ho cre C l then lien nil ni a I 1 I Il e u linn hIlt to do tie 10 U Is I to make mid his crime clIme an us UI usI I an on a nil I le e H M of insanity slid and RIU lie lio at mic le They fhe will wl ho lie bi be II ee lu iii Il nail he lie could not 1101 avoid killing his lila wife wHo lie IID II that lie he hl uvas to do iho no so 1 I 1 to CI it not what tire Iro Ills his hIl beliefs belief whether It U is lion tol or rise II The law Isle lint recognize 11 all belIef blid or cre tt U till 11 n R I defense defence for tor such Ilch a ns as till this KNEW WHAT HE hIi II DID 11 trios Wll I k 1 It If he h knew nt at atlie tho lie tune time lie Iw diaL Khoi lib hut hi wire wife that lie he win ills 11 committing I it t lu u a mI III time und U nil that t ii at li hE lie would lit bo ho 1111 by h the lie law hew lu I fur for It I Ills Hit Jl r WItS wan 11 that HuH hl In lie did ill of lt the jury If it he Its knew knI that Hint he iii Il was wis a perfectly t lulI tutu knew from rout Fun only y iU iou lou for til yon OU Oll In to determine 11 Is he Ia 11 knew kl I II Unlit from froma wrong at sit tin the Il hie d hue Hil anti to his statement there IH in no 10 doubt about lint hint If I I C you OU tutu thA iliaC ho 11 hid did Ild right from rain wrong It I U is II your 01 duty to tl n II t of ot guilty All Al he v 0 want you 01 to tl I do 10 l In to III consider that Int question and ami render n it 1 verdict In 11 nc with tho ho testimony heio litre I thank you OU for tor your attention t lou OK OF W DEFENSE PI Ally tty 0 C l H 1111 made lale the lie opening argument for tOl or the HIP HA its II r to the lie crumb crime as UN ni being our ono of oC the most unusual In hue tho history of ot He lie le 1 lcd I thin tho evidence In to married life of ot his hIl nt at II to lo Induce Indue her hc t to tn quilt null 1 I her life of ot sham uha flue a mid lead lelli I nn nh 11 hile lire lift 1081 p detailed the tie killing of ot hIs wife I to you OU Very ory ry ly h continued 01 oIl t the lie n a I and n a nil ad told tol ii you oU that ho lie threatened to tl kill kil her several times trel If shim sho did dil not It quilt hor hel life of ot In lit 11 if f t the tue Injuries received le by hI I him several yearn ngo IIO In iii view of oC tho the horrible details connect connected ed iii lt with tho lie crime I must confess that I am unable lc t o whether wh bo ho 10 U Is J or Insane Ho lie 10 tells you OU that ho lie believe he V V In Iii predestination anti Ind that ho h believed el It tt tins M predestined that ho lie should kill ki ku i hula his and ho lie did It 1111 Huts haB no re us 11 greta grots gretl at lt all 11 Might not nOl his hll mind have hav hR heroine herome so U distorted by l b reason of ot hIt hll belief lol t III i predestination that he ho ilk did not know what h he wan 11 doing Ild did no not 1101 I know kiO right rl h train from wrong when lie hue killed hi wife tr wrong V ji I INSANITY TESTIMONY i i j Iet Let us tin 1 look lok nt at lt the tho lie expert testimony j on Insanity Dr Ur Jones Jone und Dr Doug i las Ian whether both stated Hinted Hll that tha they thoy tho ant could not say fay lay b defendant was sane or nr Inline They lucy fhe are nr In lit doubts about It Dr Mayo Mnyo I k I the ns assIstant prosecuting attorney dc Ie ti c i dared 5 that defendant Is IH san saime ROII When hen l ko why lie ho tolie f so lie ho simply re i 11 N p C plies piled because hi h does and that IH Is hi the Ih J only reubon reat he lie ll give for or lila lib hIl belief i I I Gentlemen of tho the jury Jur this defendant V hns not hind had a ii fair Impartial trial q lr r I hl Ii 1 That IH In i i II perhaps n a statement 11 fl to make mak It I Is not uio ot your fault It Is nol mud 11 1 11 CIUI I the I courts curt fault and ama It Is not hot the lie null li t I 9 of oC the he prosecuting attorney and his as Y 1 hut but U it I Is tho fault of ot the tho law 11 q u t The rho law Is 18 dt for tor time tho reason thud In lii a 1 enite where tin the tIl defense dorel p of oC I V t 1 8 IH iii II interposed Intro Id there thero I is no provision hind 10 r for tor or the tho lie defendant to procure the benefit l 1 u of oC exhort Hero litre In Is n a luau i r on Oil trial for tor or his life without hil nn funds to conduct his hil defense nail the thu law latu does dM f I not hot provide him him nn 11 oh opportunity to 0 se le cure dire the thue of I nn nut examination ns nR to nl lon J his hi sanity 1111 by lu I nn an expert In that lint I line Ille j i V The Tho Tiu who to tn a V examine him hll refused to do tb so en I I they the were Iere paid 12 26 6 for tor their services Ji I One On of or the u expert witnesses told the time i tolf ii court In 1 your our presence that ho lie would f 1 i J refuse to testify como provision V t 1010 t were trove made for tor Id Juts i f u tion tiomi Thus Thu gentlemen you oU fl COil ceo i that thai we tee have been handicapped poil Ito In Iii j to II nile nur defense of oC this man num in lii conclusion I will wi Pal cay that If I you 0 Oti believe bole that bitt de do lol f r il i I IM In iii II hut his rl ht mind when 11 i b ji I committed the and auth know V right t from roni wu tl It will till 1111 tin your kio duty y l to In n a verdict of guilty hut but It If you f are not sure lum b roa 01 that hc lie was tins 01 wine then It Is ts your our duty le to Moult hInt him I 1 Attorney X ten tot fol fin l lowed Mr I ii J mantle Indo the cl dos clos llos r ing argument for tOl time the defense Ho He called cut lied j 1 I the Jurys Jur attention I to their sworn du ilu I ty tiP t to consider the ca n anti and im i f 0 i partially Jf rt a I nail calr that If It thoy tho ho ro i 1 o turned t U n a im I of ot guilty 1111 an I it I and a ud defend il t rj ant alit was executed when hll he lie uvas Insane hiI WOI i they th n would be guilty Ruit of oC a ii I Judicial imir 11 f w SAYS HE m IS Ii Jil P f tnt I emel I can Ial not lint nt tiring bring myself Jt 1 to lo believe that this snail man Is 18 a sane mine nHI I 1 knows known right from wrong The he lc tl V on 01 thai lint shows that th the t are ale O In iii II doubt in as ni to lila his hl van saum BI l j Ity t Dr hr tUo Mayo IH in n a man who believes t that Hint In lii II line of oC lie hue should prepare t iJ 11 for COl nr I 1 do to not lint believe In imi butt say Y lug especially when a n manH mall lift life Is IH 1 at nt tf k i stake After thin lila man lana was nl in Iii 11 tv I Jail Jull Jai Olin inn or of the lim things Dr lr Mnyo Mayti I and the lImit county count attorney dPI Ild was lia to ex cx examine t I l amine hint him hll ns nR to n I y Why h did Ild t Ii ii I they do itt that lint timers them f IK some t In I mm hl Ii I a art act Ii 0 ii lila Ills con romi rOI duct which denoted and then ihen thel l ir l tot too they the believed in iii 11 that lint mulatto In iii p 7 7 of ot pence prepare for tor war star A AThey i They said id this man ought might I ht I Ia J 1 a n defense of oC nS nl anti ami we must Il t head f t hin off oc nail show hoI that he lie Is not I jV Why Wh nf ot the hit jury tho the very ry 1 t ir fact lint ho hc committed this hula crime ns us n r it hc ho mid he lie hI did and then Ihen can enn get N up u J ip hero here on OIl 01 the tho lie witness stand and aluth 1111 tell tel of ot It ItIn i tV In lit the lie cool deliberate delt I le manner In tl V J which lie did evidence I t Is it hI Ill enough to tomy V my lily 1 mind thai hut he lie he Is IR Insane Time Tho Ile j 4 i i J 1 lull for tOl ci you yell OU to determine Is la that ho lie IH la h f capable of judging right from Crum ruin wrong 1111 1 j jI If it I you OU bring in 11 n a verdict of ot guilty ty with without wih V Vout f fOlt out Olt n a recommendation t for tor me mel icy thu ll I J will wi bo be death hut but If It you 01 bring I I In lit a 1 verdict with wih such a ii I recommendation r I i f tion tol he lie Ie will wi bt be bl sentenced to life Im Imprisonment fi nt Should voil fluid find I 1 e that thai ho lie hoIs hI lies d Is 18 I s nut not for tOl his hil net acts nc I f you 01 should re 1111 Him n It I verdict of not hot l lwi guilty the tle punishment for tor his crime will wi be huc left heR lef to 10 a I higher I tribunal 1 Al At A thin lila point thu tim court count took n a re recess j CPM cess until thlu afternoon i i inTI I XA IX NATION I i Th The further cro of nt f nO by iy h Diet Did Ally Atty nt at the afternoon lIon yesterday yr lasted l about 3 1 minutes but nothing of oC un nfl unusual In brought out alit Ho lie t usual Interest usa 1 f mid ltd list his wile Ife gave him him about 0 9 1 which he lie said mild he lie 11 com coin compelled l to lie ht had no ito 11 V J money When If IC he lie h knew his hi Ione mimic the lie money mOley by I prostitution I i t t he lie said he lie h suspected it I At t HIM th lis I nf nC HOl x the lie i defense railed called two l 0 physicians to 0 gIrt alv v i u expert eXl nn oil 0 the lie the condition of ot j ii I lIe thu mind 1 Dr Ir 1 P O 0 Jonas wan teas th hue tint l eun chiti tIlled culled He lie le n 41 by 1 Atty Att tty 1 wh th r or ci not he hall had nn sum RI 1 i opinion ac as i to hesss 1111 J 7 I f i oin hits hil lila hl on un 1 the sleuth and anil the history of till his hi early I r V t t I lift life a as related by Ly html him Dr Jones Jonn Jon ud V i r rIc Ic vil 11 the court UIt and ald said ald all that ho li f i would refuse ff to lie tl question 1 uell 10 1 t to do 1 in o by h till tl court GOUrt I until 11 I ho Ito hall bait boon Imen that he ito t would woul receive n an as QI an mimi IU ex ox expert e pert lert rt wit 1111 new MOl Mori Informed I I him J him that hunt the law hut 11 did ilith 1111 not mint tt provide for forth or th time the payment of t extra foes M to exp NH expert rt i t f situ instructed tJ him hint to answer J the tho question No I have no opinion r r lie f I 1 cant call form torl one ammo OI Are r re you 01 In II doubt an U a to whether he lie hel h hII lieIs i l Is II untie patio nr iii I II I t 1 Yet eE sir lr Ir IrI It I would ak chimer obier to lo that thai t question V VeIl 1 Ye e eIl sir lr Ir It I would Dr C I 1 w II ties the lie next wit wi 1 WM II called He I II 1111 that In II tits hits hl opinion f fIon ion term Hows were wel hilt bill hit list lie he l II is sane lane At A A time the th l lot of ot lila his lie rested lu i k raw ease ral After Ir I Ilg wih h Ai 8 st t Ally t I ttY Dana T 1 Smith Plit t Atty t l Dr Ili 1 Mil Milto II i ito 1 I to tn tue stand In iii 11 Ihn t I He lie 1 still I I HOHO itose U Is 1 ran aI |