| Show ISTOUTT ON THE STAN Swears Positively That J Was Jones Who ShotHim I I WENT IN FEAR FOR WEEKS SAYS JONES TiTND H A LAY IWA Legy Opening Statment Made By CouelSentor Brown Says Ke Will Prove a Alibi For zones and Urges the Suicide Theory Stutts Crseailation Today + The feature yesterday in the trial of A B Jores for shooting Banker Stout was the examination of 1r Stout who took the stand about 3 oclock in the afternoon Theentire forenoon was taken up by counsel on both sides making mak-ing statements to the jury of what they expected to prove Mr Putnam for the prosecution indicated that in addition to Mr Stoutts identification of Jones I I as his assailant the prosecuton had several other witnesses who would II with more or less poitivenesS identIfy I shoot him as sure as hIs name was Stoutt StOtitt did tel the diretors and others just s he sad he would and Jones of course was very angy about it The prosecuton would further show that Jones after this had been seen laying lay-ing in wait for Stout in the neighborhood neighbor-hood of Stouts house and elsewhere and for months it was seldom that i Stout would go home alone A few minutes before th shooting Joe Stout son of the baer saw a man whom he recogntzecito be Jones standing at the corer of the Stoutt residence and peering into the west window of the dining room The man disappeared I quickly and a few minutes aterwards Mr Stoutt came into the hOuse wounded wound-ed from the shot Mr Putnam then told about Stoutt havig gone to Murray on the day of the shooting and his return in the evenIng on the street car which was half a hour late He got off the ear at the corner of State I and Fifth South streets and walked west along Fifth South toards his home on MaIn street when Jimes came out from behin a biboard and suddenly sud-denly faced Stoutt Jones counsel aid hit StouH a seere blow on he besl with some blunt instrument then fhot t him in the breast and ran way through a vacant lot whHeStqutt fir d a pistol after the fugitivE Stout t would swe that Jones did the shooting shoot-ing Counsel then sid he would put witnesses on the stand who lHV Stout immediately after he was shot and who I saw a man answerIng the d scriDLon of Jones running away among these amQg I were Nellie lIcFI hei sister los Moench llr Kraut wd others At 9 oclock he officers found Jones on a stree car and put him under arrest ar-rest and toOk him to the pailce eta 4c i f4 4ii is rjJ + f jc p i I + + a Jl 4 + 4 ± jkWifl L1 + 1 PffuUX 1rnYhllhd YIiJCI II 1t 4 N + ii 4 + I 17 ci 4 I I E f 4 + > LF + LFv v S + 1ff 4 + ryp I 1 > 1 + BAXER STOUTT IN CHABACTEBISTIG ATTITUDES + + + + + + + + + + + + + + + + + + + + 4 + + + + + + + + + + + + + + + + + + Jones as the ma who was seen run I I fling away from the scene of the shoot I ng Senator Brown on behalf of the defendant de-fendant said he would Drove an alibi Sutherland Jones I by Attorney George mother his wife and a servant He went very thoroughly into the case for an onening statement and strongly urged the suicide theory Mr Stoutt made a very good witness I between himself He told of the quarrels II and Jones and said that Jones had not I only threatened to shoot him but had I for a month or more laid In wait for him and lurked around his residence He swore with the utmost positveness that Jones was hiS assailant and while I his testimony was practicaly the same 1S given by him at the preliminary ex aminaton the bitterness and animosity against Jones which characterIzed Mr t Stoutts expressions and demeanor at the preliminary hearing were absent thus making his testimony much more I effective and convincing to the jury I who are not supposed to know anything about the case but what they learn from the examination of the witnesses I at this time 111 Stoutts examination was concluded when court adjourned until this mornIng when he will be subjected to H searching crossexami nation by either Senator Brown or Judge Henderson Mrs Jones wife of the defendant and Mrs Jones his moth accompanied by sevoral lady friends were in court and watched the vroccedings closely PROSECUTIONS STATEMENT 1tlr Putna in his Opening address I to the jury told of the relations which I had existed between Mr Jones and 11 i I Stoutt stating that the later had taken Jones into his employ twenty years I ago back in Ohio and that they arne to Sal Lake together in 1389 and established es-tablished the Utah National bank in 1890 with a capital of 200000 Jones was made cashier and Stoutt present I and so continued until July 1898 when Mr Hawley pailng teller at the bank went away Then trouble arose between I be-tween Jones and SLout The latter wanted to put his son Charley in the place vacated by Hawley and asked I Jones to help the boy out Jones refused re-fused to aId the lad at all giving as reason that Charley had refused to do something for him six months before This grieved Stout who told Jones that he Stout ha taken him Into I I the bank when he was a boy and I watched over him and helped him and I he was disappoInted that Jones was so ungrateful that he wouldnt help his son Charley Another cause of trouble was that Jones owed the bank 6500 secured by only thirty shares of the capital stock of the bank of the par value of 100 a share but at that time worth a good deal less This the bank I directors wanted paid and Mr Stoutt I told Jones that he and hIs family lived too extravagantly and Stout spoke of going to see Mrs Jones about i saying say-ing that he didnt think that Mrs Johes knew the financial condItion of her husband Jones said he would talk to Mrs Jones about it himself and Stoutt frequently referred to the matter causing caus-ing more friction Then the bank examiner came along and more unpleasantness arose between Jones and Stoutt The latter saId that Jones had the big head and threatened threat-ened to tel the directors of the bank that Jones was a bastard and that his father was a drunkard Jones in reply to this threat told Stoutt so counsel saW that if he told the dIrectors what he sad he would he Jches would I tion where Jones denied any knowledge knowl-edge of the shooting and Sid he was 1 at Friedmans store at 7 oclolk that I evening Bank Examiner Yeghtman I was at the police station that night and had an interview wIth 1onl In I the presence of some of the iillcers I the course of which Veightmm ail to I Jones Why dont you tel who lid thc shooting I you dont I will I was 1 Hedges Stoutt did him up for 2QOO I and hes a dangerous man AN ALIBI AND SUICIDE I Senator Brown then made his opening open-Ing statement on behalf of Jones pro facing his remarks by saying that I I was only fair to the defendant and the 1 I public that he make a statement at th I time of what the facts lIe tme were as understood I un-derstood them to be The shooting tok place or Friday I night Dec 9 about 60 oclock and Jones was not accused of it until oclock Jones then waS able t put cut his hand and prove by witnesses that he had nothing to do with this deed On that night Mr and Mrs Jones with I Mr George Sutherland walked down I Main street to 11 SutheIands house and Mr Sutherland le1 rl and Mrs Jones and went into his own house at 615 oclock 111 and lIls Jones went on to their home entered it and went upstairs and were seen by Mrs Jones mother and their servant They wi I prove that Jones took supper then and I remained In the house until 7 oclock Jones therefore could have hail nothing noth-ing to do with the shooting unless by I the connivance of those three ladies Young Stouts statement which the prosecution says he will make to the effect tat Jones was lurking around I i Stouts house is untrue I Jones after supper went lp town called at Fredmans store made some Itrifling purcllases and went Cn t the bank to attend to some matters thern All this time Jones didnt know that I Stout had been shot but lairneil of I I Inter in the verng Counsel then ail that after Stout reached his house and in the presence rJC the I chief of police and the doctor I lfr ftout told the former that he didnt know who shot him I was a dark story night making it I difficult to recognize persons Mr Brown then said that the previous relations re-lations of Jones and Stoutt had floUting floUt-ing to do with the case The question was Did Jones shoOt Stout not if another man shot hIm or if he shot himself Counsel then sad that Stoutt was venomous and vindictive while Jones was not Stout had shown his malice by false statements regarding the parentage of Jones intended to throw discredit on his mother and to impugn her virtue These statements of Stoutt counsel saId were absolutely false Mr Jones was of legitimate birth and well brought up a high school graduate and a young man of exceptionally good habits and morals Stoutt didnt take Jones out of the slums at all Jones father was not wealthy but he was comfortably sit uate and Jones before he went into Stoutts bank had a good position in a fouring mill True said counsel Stoutt inherited some money he never made any WIth this money he came to Salt Lake and started a bank He was the president of the instituton and nearly ruined i Counsel then went on to say that Stoutt engaged in enterprises of various kinds outside hIs banking business which required money and h became indebted to the ontnue 01 Page 2 N t I STOUTr O fHP srM D Ciintljiued from page 1 I bapk in large sums Mr Stoutt counsel coun-sel said had recourse to xeprehensible method to mae it appear that he owea a less sum to the bank than he actualy dId Amongorers 111 Brown said Stout forged the name of 111 Hedges to a note for over 2200 and on anotber occasion wrongfully I charged up t an Ohio bank 350 > and I credited himself wit that sum The I bank examiner insisted thatStoutt r I sIgn from the presidency qf the bank I and this and other things preyed on StOlt ndat the time of the shoUng his mind was in a very perturbed sate He carrIed a large amount of life insurance I I in-surance he had his revolver fixed tat forenoon and other circumstances I < counsel argued went to show that I Stout snot himself He had lost large I sums 01 money iu f trouble with the bank examiner hIs dishonest deal Jgs were about tQ be made public and he feared dsga to himself and his family HIs naiad was In a morbid condition and counsel argued that suicide was the explanation of the shooting Only one shot was fred and only one person was seen by those who were on the scene immediately after the shooting Nobody thought Jones vas the culprit until the police accused him They took him to the ponce station and subjected him to a sort of incuisition They wanted to convict Jones whether he I was innocent or guilty They arrested + 4 + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + T + 4 + + 4 + + + + + + fji1 + + I 1 1fl4pLqN t a f Y7f t 4 f F J rcHINC d8 I + + + rH1rIuF1t + + + + + + + + + + + + A + + 1 + A + + A r + t r + + + OEFEN 1 + + + f N vlllOI + + U t f + + + + + I + + + + + + + 4 I 8EfADffNT L y + + + + + 4 i DEFENDANT JONES lTD S0m OF HIS FRINS + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + I him without a war mt and wanted to I throw him hUo jai and keep him there while they rummaged his house and made efforts to get Information from the ladies there This proceeding counsel coun-sel said was wrong and illegal and showed vindictiveres on the part of the Dolce Counsel argued that the reason Dr Pinkerton did not extract the asn pistol bal from the person of Mr Stoutt was robably because it would be found that it filled the pistol carried by 2Ir Stout and not any weanon which Jones might have had alhou hit h-it had not been shown that Jones lied any weapon at al Counsel went very fully into details and conclude by stating that Jones was innocent of any crime County Surveyor Charles S WIkes vas the first witness called for the prosecution He had made a pint of the nlace where the shooting occurred and the vicinity which he explained to the jury and testified to its correctness and it was introduce in evidence STOUTT EXAMINED J I Stout examined by Mr Putnam Put-nam Rid he was 55 years of age came to Salt Lake in December 1889 and settled here permanently in April 1890 was in the banling business came from Andover 0 to Salt Lake knew Jones the defendant ince he was a boy efployed hIm for twenty years all t01d When he edteTed his entuloy I Jones was about lC he always looked I young r than he mas witness was a bankdr In Ohio and Jones was employ I ed in the bank as beokkeeuer lrom Ohio Jones went to Kansa City and got employment thee on recomenda tion of the witness Witness thought of settling in Denver and he and Jones stayed in that city for a month 01 two but afterwards canie on to Salt Lake and concluded to locate herq and open a bank the Utah National Witness be cam president and Jones cashier that was in 1890 and they remained as such till October 1898 In lS8 early in July I witness and Jones had the first open rU1ture I arose over the witness I wantng his semi Charles to go on the I books and he asked Jones to look after the boys work a little Jones ref ted saying he didnt want to have anytiung to do with the lad because he had rQ fused to do something for Jenee six months before Witness Was disappoInted disap-poInted and hurt at Jones ingratitude ingrati-tude and he gave Jones notice that he I would haye to leave the bank as they could not get along a 1cably Witness was wiing to assist Jones to get another I an-other la probabl one where he I could get a higher salary WITNESS WAS TOO LENIENT I Another unpleasant episode occurred after Mr Hawley left the bank I I arose out of the fact that Hawley and I some of the other clerics had overdrawn I their salaries 01 boTrowed money ivith I W1lt1 out security Witness was blamed by Jones for being too lenient with the > Thea witness told Jones that he was I i about the only one who was overdraw lag his account He didnt think Jones was extravagant butt hc knew that j 71rs Jones was and witness offered tot I to-t go and talk to Mrs Jones and explain I Jones financial position Jones sid he would speak to Mrs Jones himself I I Vine s asked Jones about it after wads but he gave nr satisfactory reply re-ply Jones had been increasing his indebtedness to the bank right along The bank examiner stepped in about I this time and everything else was lad I aide for the time being I The bak examiner brought his wife I to Salt Lake City with him and she and Mrs Jones and Jones and the bank I examIner were together most of the thee Jones went to the bank examiners exam-iners room at Fords hotel nearly ever morning Witness followed Jones I once just to see where he went At that tmt it was contemplated to reduce re-duce the capital of the bank from 200000 r 100OO Jones told witness that the examiner was favoring them in the mater of reduction of capital lnd that he Jones thought it would i be good for the bank to pay part of I the bank examiners expenses Wit I nes said < Well if he is doing anything the bank do and thing for bak so charge it i up to expees Witness sad Jones made tat the excuse for being so much of the time with the bank examiner ex-aminer Soon after that wflness received a afer that winess ietterfrom the comptroller of the currency I cur-rency couched in terSnot compl f nta to witness and calling for hIS thrnloh nq president of the ban i > < 1 itnf5 wrote QUt his resig tQn n however to ta e effect at o1ce HELLISH DESIGNS Witness met Jones at the bank the next day and 1ad to him Well you have succeeded In your hellish de sins and gelmy resignation Witness ness further told Jones that he would I ten the directors of Jones birth a a bastard andlimitv le had pd wit 31 I ness gat Idndnes with ingratitude I Jones ten looked igtness in the face I and said If you tell the directors what you say I will shot you as sure as your name is Stout Witness te the said directors to Jones that he had already told Whom did you tel asked counsel George Y W lace Mr Baumga ten Gill Peyton and I think Mr Spoford sad tile witness Why did you tel them 1 thought it proper tat they should know Jones had gwn very insolent able and was getting worse and unbe ableAfer Jones made the treat did you arm yourself Yes I carried a revolve I was afraid he might attack me DId you after that find anyone laying hi wait for you Ye 1 saw one on ten or a dozen occasions loiterIng in the neighborhood of my house the last time at ab9ut 1 oclocjc at night a week or ten days Qefore I was shot Mr Stout here explained the location loca-tion of his residence with regard to Dr Pinkertons I Mr Sutherlands 11 Boyd Parks and Mr Jones residences and pointed out on the map where he had seen One lying in wait for him ten days before the shooting Once witness saw Jones standing at Parks corneT at 130 at night The same evening witness daughter Sa Jones loitering about the n ighbor11o This latter part was stricken out as hearsay hear-say SHOT ON DEC 9 On Dee 9 1898 win s5 was shot During the day winess was at Murray and returned in the evening by the street car and got off the car at Fifth South and State about 625 He started to walk home west on Fifth South on the south side of the street alone I was windy and dusty Vhea wins got a lIttle way from the corer of State street just past the drug store light i apparel to get very dark all at once and witne took his revolver out of his pocket and cocked i and crrid it in his right hand in his overcoat over-coat pocket Vine had time volvPI with him at Murray and shot it off a1 I a rat or something crossing the railway I trek Didnt know how many cham be were loaded but when he reached home only one chamber had a charge in i Walking on along Fifth South witness wit-ness met a man carrying a tin pail but he didnt observe him closely JONES APPEARS IN FRONT Nothing happened until he got to near a billboard and all at onee he raw Jones right in front of him Jones hit him on the left breat and then shot Jones wasnt three feet away Witness saw him distinctly He ran away and witness shot alto him Vit ness didnt ten know that he was shot but feIt a stinging sensation in the left breast about a inch and a half below be-low the left nipple this was the bullet woo1 < Vinets had his overcoat buttoned but-toned up at the time He put i on row and illustrated showing the pOfiJn of the wound and tie hole the bullet made in the coat He fired af Jones a quick as he could Saw 10ne as he ran and recognized him hy his form Also recognized him when he stepped in front of him and shot Wa so well acquainted ac-quainted with him would low him anywhere He wore a dark overcoat Winess after he was hU backed up and saw two boys He called to thEm to come to him saying he had bccn shot and asked them to help him home The boys were Don Lochre and Ring wood The later said he wOl11 run to the drug store and telephone for the police Both boys left and that was the last witness saw of tel hon lie got steadied a little he mad his way home and told his daughter to slr for Dr Pinkerton The doctor came very qUiclly and witness was taken upstairs up-stairs to bed DIDNT HEAR THE lil PORT Did you hear the report of the revolver re-volver when you were shot No I did not I had no idea I was hot till afterwards Witness said Dr Pinkerton asked him who thot him asked if it was the man that he had told the doctor about This was objected to and the objec ton was sustained Vines was prety sick ani had tc stay in bed On his left breast there was a contusion and black spot a large as a dinner plate and the pistol shot wound on the other side The bullet has never been extracte Dr Worthington Pinkerton Worth-ington called on witness as wel a3 Dr This conCuded the direct examination of 11 Stoutt When 711 Putnam asked 1fr StOlt how much Tones account wag overdrawn over-drawn at the bank Mr Brown objected to it and the objection was sustained but 11 Brown now aske1 leave tc withdrawn his objection and Lt that 1 pint court adjourned until this morn in when Mr Stoutt will be crossox amdned bySetmator Brown |