Show JURORS ACOUIT CASHIER JONES f Reached a Verdict Within Five ltlinutes j VOTE SEVEN TO ONE ON THE FIRST BALLOT + EIghth IIIan Was Doubt uI But Quickly Yielded J r Jones Warmly Congratulated By His FriendsVerdict Meets the Approval of Those Who Have Followed Fol-lowed the EvidenceJurors Were Out But Thirty lrIinutesEntire Day Yesterday Consumed By the Arguments + The StouttJones shooting case reached reach-ed the jUry at 410 oclock yesterday afternoon and half an hour afterwards a verdict of not guilty was returned But one ballot was taken by the jurors hen they reached their room Seen Gf the little Pi ies of paper were marked mark-ed cot guIlty and one bore the word Doubtful Tliiunember who cast that Lallot said IJe did so only for the nur 11131 of getting the question discussed bUt he now thought that was unnecessary unneces-sary and withdrew the Doubtful and substituted Not guilty That settled it in less than five minutes after the jurors reached their room They smok e1 their cigars for half an hour filled up the blank form oC verdict at their lfltmre returned into court and handed in the vexdiaL It was no surprise to those who had fo ed the case everybody concur lmg in the view that the evlden as lah1 before the jurors was such as to demand an acquittal In fact One of the jurors said that If the case had been submitted when the prosecution rested and before the defense had of da dt f fln df fred any testimony at all the verdict I would have beexi an aCQuittal At no tIme In their arguments to the jury did tlthfr counsel for the prosecution ask I the jury to find the defendant guilt Tones tool It very calmly and was warmly con ltulated by his friends His wife and his mother who have been almost constant attendants since the trial began were not in court when the Ylrdict WR announced Arthur Brown leading Junsel for the defendant and Jones shook hands warmly with each member of theju as he let the box after being discharged from the case The trial occupied eleven full days and all parties concerned are pleased that It Is ocr Nearly all of yesterday was occupied by counsel in making their arguments to the jury the testimony l1aing practically prac-tically been concluded 011 Friday The technical charge against Jones was assault as-sault with intent to commit murder The punishment provided by statute for persons convicted of that crime is from one to twenty rears in the state prison HIS HONOR REFUSES TO RECEDE YestErday morning for threequarters of an hour counsel in the StouttJones case argued on the question of the nd rlssiblllty of testimony explanatory of Stoutts statement made to Chief Pratt ns testified to by Pratt that he Stoutt did not know wh shot hint but Judge rrdl refused to change his former rUling and tIle profferred testimony was excluded The court said that although the nile nsa broader than at first the court considered con-sidered it was not broad enough to waITantthe testimony being allowed tog to-g > to the jury especially in view of the fact that Stoutt did not admit that he had stated that he didnt know who shot him the furthest he went In the nay of admission being to say that he was suffering so much at the time that lll dIdnt remember what he said The explanation which It was desired to make was that Stoutt his wIfe and llls personal friends were large stock huiders in the bank and Stoutt feared that if it became known that Tones the cashier shot him the president it ould cause a run on the bank and he pnd his friends would be ruined When howenr the doctor told him that he was liJHly to die or at least be Yen ill and prbab1y lose consciousness he said that Junes was the man who shot him After hIs honor made hIs ruling Mr Stoutt was called to the stand and Mr Putnam asked him the following questions ques-tions which were all objected to and the objections sustained On the night of Dee 9 the time you Were shot how much stock did you OWn in the Ctah National ban How much did your wife own in the ban 7 banHuw HoW much did your friends in Ohio own ownMiS Brown said the time for admit l itag that slush had gon past r Annie Peters recalled for further crosseamination in reply to Ilr Drown said that it was fifteen minutes after she saw Mr and Mrs Tones and Mr Sutherland pass her house before she got back home after gOing to SIms house and It was twenty minutes after she saw the Joneses and Mr Sutherland Suther-land before Kellle McFall CaIne to witness wIt-ness house VAN COTT OPDS ARGUMENTS This closed the testimony and the arguments were limited to two hours a si eAt e-At 10 oclock Mr Ray Van Cott on behalf of the prosecution opened the arguments Counsel called the attention atten-tIon of the jury to the fact that this Was an important case for both the defendant and the state He reviewed the relations of Mr Stoutt and the de fondant from the time they began by IIr Tones when a youth of 18 enter I lng Stoutts bank In Ohio until the I present time bringing out In strong light the point that Stoutt had been a I warm friend and a generous benefactor to Tones Counsel characterized Jones refusal to help 8toutts son in his work In the bank and his general bearing towards Stoutt as Ingratitude of the I basEst kind The very friendly rela tiuns between Dank Examiner Wighi man and Tones counsel thought was not seemly in vIew of the examiners I position with regard to the banI Mr Van Cott then reviewed the testimony tes-timony of Mr 8toutt In regard to the quarrels and the bad blood which they generated betwoca Tones md Stoutt p and pointed to the same as a mote for Jones to attempt to take Stoutts life Stoutts version of how the shooting shoot-ing occurred his identification of Jones tile testimony of witnesses who saw a man running away and a witness llearlnb two shots counsel argued I r I = showed conclusively that Stoutt did not I shoot himself that some man shot him The position of the wOund and Stoutt having bruises on his right breast were also urged against the suicide theory Stoutts identification of Jones and other circumstances tending tend-ing to connect Jones with the crime were urged especially the time of the shooUn Tones being In the neighborhood neighbor-hood at > that hour and having oppor tunlty to leave his house close by after he entered it if he did enter it The interest that the defendant himself his wife and his mother had in the case was cited as reason for the jury not to put too much faith in their testimony tes-timony to the effect that Tones entered en-tered his own house at 615 ocloclt and did not leave till after 7 and the witness wit-ness Browns testimony that he met Jones at the corn r of Fifth South and I Main streets close to the scene of the shooting on that night at 650 oclock vas also urged as strongly showing that Jones was the guilty man Discredit Dis-credit was thrown on Clovis testimony who said he saw Kraut on Second South at a time when Kraut swore he was In the neighborhood of Fifth South street and Clovis testimony that Kraut said he would get out of town If he could get money enough so as not to testifY in the case was rldl culed SENATOR BROWN ExSenator Brown followed lIr Van Cott For the defense Mr Brown said that In the eight or nine years Tones and sioutt have been in Salt Like Jones now finds a friend In every officer of-ficer of the bank while the bank directors di-rectors wouldnt believe Stoutt under oath Counsel then reviewed the testimony tes-timony connecting Jones with the shooting arguing that Stoutts testimony testi-mony alone fastened the crime on Jones and Stoutt was Impeached counsel coun-sel said on every hand while Jones testimony was supported by many witnesses and he stood absolutely un contradicted by anybody Stoutt counsel coun-sel argued was impeached by his own testimony as Well as by that of other witnesses He fixed the place of the shooting at two different points one at the preliminary hearing and a different differ-ent one at this trial Dr Pinleertons statement made in the old city hall on the night Tones was arrested to the effect that that boy Jones never shot Stoutt lIr Brown held as an impeachment im-peachment of Stoutt If Tones assassinated as-sassinated Stoutt he had murder in his heart if he dldnt then Stoutt accused an innocent man and must be the most degraded scoundrel on earth lIr Brown then argued that Jones statements state-ments and demeanor in the presence of Chief Pratt and other officers was altogether consistent with innocence Counsel had nothing to say by way of throwing discredit on Chief Pratts testimony but he characterized Pratts action In arresting Jones and taking him to the police station and questioning question-ing him 1S was done as a species of inquisition and most reprehensible ccordlng to the procedure of the officers of-ficers counsel urged that courts arid juries are unnecessar Just let Pratt Sheets and Gillespie try accused people peo-ple and pronounce them guilty because be-cause In their estimation they look guilt I Counsel reviewed the testimony of seeral of the witnesses pointed out I discrepancies drawing the conclusion that there was no substance in the charge against Jones nothing in the whole case in fact except that there is a Fifth South street and a billboard Mr Brown pointed out that although the three little girls and others testl Oed that tlxey had seen a man running and no doubt they did see somebodY running there was not even an Intimation I Inti-mation in the testImony that Tones was that man Counsel thought that somebody had persuaded the three truthful little girls to say they screamed when they saw the man running run-ning Why the devil didnt they eny so at first queried counsel They only said it after Kraut had testified that he heard them scream and said counsel it as necessary neces-sary to sustain Kraut Mr Brown then went into the question ques-tion of time and the discrepancies in the testimony in that regard drawing the deduction that the shooting must have taken place at 615 oclock it having been proved by a vast preponderance pre-ponderance of evidence that the streetcar I street-car upon which Stoutt rode from Murray Mur-ray arrived on time at Fifth South street Counsel further argued that the testimony showed that it was impossible im-possible for Stoutt to recognize anybody I any-body from the place here he sail he stood when he was shot Also It was singular that Kraut was the only one out of a dozen witnesses who heard two shots All but Kraut heard only one shot Kraut also swore that he saw a man running away and that he could see his features Why even Pratt Sheets and Gillespie couldnt stand that said counsel Counsel averred aver-red that all Kraut wanted was to cot a little money out of Tones to get ut of town with The direction of the wind the government observer testi flqfi was from the southeast on the night of the shooting while witnesses for the prosecution said it was frm the northwest The prosecution goes against even the clements Mrs llller testified that she saw a man around Stoutts yard It wasnt our Beecherite friend Stoutt and It wnsnt Jones She saw a man that was nil not unusual for a widow to see a man and not at all Improper said counsel Mrs lllers testimony amounted to nothing Corning Corn-Ing to the testimony of tV M Brown which was that he met Jones at the corner of Fifth South and Main streets at 650 on the night of the shooting counsel discredited the statement of the witness from the fact that he could not remember other circumstances connected con-nected with his seeing Jones and that he llrd not told anybody about It but his mother and had carefully kept it secret at the request of the police Counsel blamed the county attorney for keeping Browns testimony back till the last minute then said counsel Brown came to me at 12 oclock today to-day and tried to bully me and prevent me from discussing his testimony to you gentlemen of the jury Counsel contended that Stoutt could I not have recognized anybody because It was too dark when Stoutt was shot and that the nature of the wound waa such that Stoult could easily have in 11Icted It himself and that It was scarcely possible that It coulll have been inflicted by anyone standing in front of Stoutt Counsel then compared the credulity of the witnesses on each side drawing the deduction that Stoutt and some others for the prosecution were unworthy un-worthy of belief while Tones his wife mother and others stood uncontradicted in any particular Mr Brown then tflrned his attention again to the conduct con-duct of Chief Pratt and Detectives Sheets and Gillespie in dealing with Jones after arresting him He said the omcers were the criminals for practicing prac-ticing the inquisition of old Spain in attempting to extort a confession of guilt Even murder was a small crime compared to theirs Anybody said counsel who would threaten to tell that Jones was a bastard was vile enough to do anything lIner Stoutt and others counsel characterized as a dirty crew from Canal Dover who delighted in gossip and scandal and reveled in an attempt to scandalize and traduce Jones mother an estimable estim-able genteel and honorable lady Stoutts difficulties with the bank ex mniner and the charge to be brought against him of forgery was sufficient Continued on Page 1 > I JURORS ACQUT ASHltR JONtS Continued from page 1 reason for Stoutt to have made an attempt at-tempt on his own life and his C00O0 life insurance was at least assurance that his family would nbt suffer by his death Jones life and character are sufficient answers to the charge He Is sr rounded said lr Brown by a band of conspirators but his god character stands out from among them all broad enough and distinct enough to clear him from the mot skillful web of suspicions sus-picions Counsel in conclusion called upon tIle jury to do their duty a American cit zens and i they did so they would not I be live minutes In their room until they returned a verdict of not guilty PUTNAM CLOSES 311 Putnam on behalf of the state inclosing in-closing the case said that Jones was not to be acquitted because he was represented by brilliant counsel that he was surrounded in the court room by ladies in silks and satins and by bank presidents Before the law he was no better than the Doorst citizen and tion was entitled to no more consider tionCounsel Counsel then went on to argue that Jones owed everything he had to the generosity of Stoutt who had taken him from a position where by hard manual labor he earned a small salary and laced him In the position of a bank cashier with a salary of 3000 a year Jones was ungrateful and ugly and vindictive and would not even do the poor service to his benefactor of supervising the work of one of Stoutts sons I came to a point that either Jones or Stoutt had to leave the hank Stoutt had told Jones to set another I situation and Jones rather than leave worked on the bank examiner and first drew his attention to the Hedges note I The bank examiner didnt know any thing about the Hedges note When Jones called his attention to it he asked Jones what was the matter with the note Jones laid the train and lit the fuse which got Stoutt out of the bank The bank examiner was easy to work In that vay He Is the man who sad In the presence of Joseph Baumgarten that the first time he laid eyes on Stoutt he knew he was an old s of ali a-li and a thief Stoutt controlled the bank and the only way for Jones to keep his position was to get Stoutt out of the bank Counsel said that Jones had never denied that he had lain In walt for Stoutt Mr Putnam In discussing dis-cussing the shooting contended that Jones struck Stoutt on the right breast which swayed him round and then shot him In the left side a perfectly natural condition and one which the nature Of the wound bore out That Jones did said counsel was to run down the vacant va-cant lot and Into the ale below Suth erlands then hide behind a tree nnZ wait for an opportunity to run out and across the street and that was the time the little girls saw him Counsel argued that it was not Cleveland Sims the boy who went to seek his cow that the little girls saw running Sims ran In another direction the girls didnt see him if they had they would have recognized him for they were acquainted acquaint-ed with him The girls saw a man grls running not a boy Counsel further contended that Jones and his wife left the Talker House togo to-go home on the nIght of the shooting a little earlier than they said the did Counsel ridiculed the idea that Stout Pratt the police officers and the prosecution prose-cution were In a conspiracy to convict an innocent man The jury knew that It was not true 111 Brown had no right to make such a statement but it Is his way sid llr Putnam Krauts testimony was unlmeached Kraut told the truth I was easy for counsel to mae the Insinuation that Krauts testimony was purchased but it was a insinuation wrong insinuaton and was not to be believed Stoutts testimony counsel held vas supported by that I of the other witnesses and if I were true that Stoutts reputation for truth I and veracity Is bad that peoDle would not believe him under oath why did not lIr Brown put witnesC on the stand to prove that such is the case when he had every oDPortunity to do s01 William M Brown counsel said was a perfectly honest witness perecty whose repu taton was just as god as A B Jones He had no interest In the case and It was a poor argument of opposing coun el when he said that Brown was not tG be believed because he didnt rush to the plce and all around telling people that he had seen Jones on the night nlrlt of the shooting Gentlemen of the jury If any of iou i-ou were II trouble your wife and your mother would come forward and testify to whatever was necessary to get you clear I is so with Jones wife and mother I is a tribute they nay to the man they love and you must weigh their testimony and talte It at Us true value said Mr Putnam Counsel then paid some attention to the suicide theory saying that It was unreasonable to SUppose that Stoutt hit himself on the right breast with a club and then shot himself on thp lpf Il n u with his left hand I The wound was such that i couldnt have been inflicted infcted with the left had without a good deal of practice and counsel further argued that Stout gave no evidence of a d range mind and had no object in committing selfslaughter The crime is that of an assassin the basest known and lIr Putnam close by call ing on the jury to do their duty con scentously to both the defendant end the state Judge orrcl then delivered the usual charge and at 410 the jury retired to consider their verdict The prosecution requested the court 10 give the jury specific instructions On different olnts which his hanoi re fused Among the special requests were the following folowing When the evidence shows a comnll eated state of fact and the evidenCe comDl on the part of the prosecution Is cOntra dietary It is the tle duty of the Drosecu tioa to adopt and point out to the jury the theory upon which the state relies for a conviction and what part of tIle testimony is claimed to be true and what false and when this theory is adopted by the prose < uton the jury are to consider that theory and that onl a |