Show I S I I I i I I I I I I I S i j I I DEFENSE GETS OETS HARD BLOW AT LAST Testimony Shows Sullivan Left City After Murder Was Committed TODAY WILL REVEAL ACCUSED MANS FATE LAWYER FOR DEFENSE EM EMPLOYS EMP PLOYS P YS EXTRAORDINARY TAC TACTICS TACTICS TACTICS TICS IN HIS ARGUMENT Joe Sullivans fate win will bo Jt O decided to today today day daJ Some time this afternoon or even evenIng evening en enIng Ing the jury will bring in the verdict which will condemn the alleged all goo highway highwayman man to the hands of or the executioner f for tor forthe forthe the tho murder of or Policeman Ford or set him free tree As All the crucial moment ap approaches approaches approaches Sullivans lawyers show the excitement under which they thy are 1 laboring They fhe are ar deeply In earnest dEeply con concerned concerned Ol in what Is to become oj oC o the friend friendless friendless less wanderer who through some accident of oC destiny appealed to them for aid But Sullivan betrays betra no anxiety concerning O the future Hi lila Ubi fae f remains as as ever and anel whenever he turns his head and sees see a friendly ta facet eQ he smites I Whether it Is or death Sullivan seems sauna prepared for tor It Evidence heard yesterday e tenJay m was damaging to Sullivan as It tore Into MO tat tal teri the flimsy alibi which he had suc succeeded succeeded In I presenting Harry W tV V Logan an Oregon Short Line conductor testified tied lied that Sullivan rode out of Salt Lak Lakon on his train on the morning of or Dec 14 H The train left lett the city at 55 5 that morning The murder of Policeman For l occurred at nearly three hours before belore the departure of the train At Woods Cross the train was going at H atthe atthe the rate of or thirty miles mile an hour Sullivan could not have clImbed aboard or under a car moving at that speed Conductor Logans testimony was wa corroborated by William H II Harrison a brakeman s Baileys Remarkable Address In the tile afternoon the matter of thief ehle in interest Interest interest terest was the closing address of ot J 3 H II Bailey jr for tor the defense It was wa one of the most remarkable addresses addres s ever heard in a II court room Mr Bailer Haller mado made madea a personal appeal to the Jurors for tor Sulli Suii Sullivan Sullivan van and pledged his worldly belongings to the time Interest t of ot the accused man say a mg lug in that if It took t everything he pe pos pea possessed the case ease w would uld go to the time United tates court if It a verdict of ot guilty guilt v vIs Is returned He Ho spoke of Or preaching In m Inthe inthe the same pulpit with William N Day one of the jurors and placed his old boy bo Russell Rus lI In Sullivans chair Mr Bailey Balle spoke of ot the death of th thO Mormon prophet Joseph Smith He said that the prophet was shot down with a B rifle and at the time he was called Joe Prejudiced men had slain the prophet 11 im said s id and then declared that the same sot soi t of men demanded Joe Sullivans life He HeI H asserted that Sullivan had hod more brains than any of ot the time attorneys for the prose prosecution cution Ution or defense aid aLti added that Sulli van an was al also aloro o better looking During his address Mr 11 Bailey asked for a recess 1118 using the time timeto timeto to Construct a bar in the court room with witha wit Ii Iia a wide piece pl of pine board extend extended ed from the top of Judge Armstrongs desk to h he clerks table As Aa the table tabie was lower than the l ench a was used at that end to the improvised etI bar a level surface Then TIleD Mr Bailey pro produced produced produced a bottle of ot whisky a bottle hattie of o beer beera a whisky glass glas and a beer glass It was WB time to resume proceedings when this work was finished Lawyer at the Bar Judge Armstrong on taking his seat I seemed surprised at sight of what had hadI I been done but indulgently said nothing District Attorney Loofbourow and Coun Coon County ty tv Attorney Hanson were not disposed to tobe toI tobe be eo o indulgent and after a brief let confer conference I I ence demanded that the whisky ky and the I beer bottle be instantly ln removed Judge Judg I Armstrong decided that their objection I was well grounded Mr Ir Bailey Balle accord accordingly accordi quietly removed the bottles from I the bar and the interested spectators j i were left wondering what he was going I to do It was learned that the improvised bar was to illustrate scenes de deI in the testimony particularly particular the Incident In a saloon when Sullivan re ye refused refused fused whisky and beer and took a cigar H j I i I ur LI vue IU Ut UL UI under a table A deputy sheriff soon swooped down upon them and carried them out of ot the door Their ultimate fate is unknown The hearing of evidence ended yesterday rda afternoon at 1215 1 li At 2 County Attorney hanson Haneon n n addressed the th Jury for the prosecution He ended his address at 1 and Mr Bailey Ballet spoke for the defence At 5 when I court adjourned Mr Bailey had not yet vet pt completed ins his argument This morning Mr Bailey Balle will vili resume his ht address Ha lie Hamay H Hmil may mil be followed by b Mr Yr VIckery aft after r which District Dl Attorney Loofbourow wEt wil close cloro for the prosecution Judge Armstrong will then Instruct th the I jury The trial again attracted d a large crowd to Judge Armstrongs court yesterday but precautions were w re taken to prevent the jam of ot previous prO da days das daysI dasI s sI Conductor Logan was waR the most Import important ant of ot the witness s s g Introduced In rebut Continued on Page 2 DEFENSE GETS HARD BLOW AT LAST MOMENT Continued From Page 1 tal by the prosecution His testimony was called for to show that Sullivan could not have Caught aught a train at Woods Cross Crosson on the morning of Dec 14 H The conduct conductors ors statement was a terrible blow to the tile defense It left little doubt that Sullivan made his departure from Salt Lake near nearly nearly ly I three house after the tIle Albany Alban holdup and the Ford murder Logan stated that his train trait left Salt Lake for Ogden at on the morning of or the crime It slowed up Jp in passing from the north yards ards onto the main line At that time a man mall might have hae jumped aboard the train After that the train moved at the rate of ot t or thirty miles an hour to Farm It did not slow up lp at Woods Cross In Tn the conductors opinion a man could not have boarded the train at that point pointY Y t Sullivan wis Wl on the train when it n reached Ogden at 73 70 O clock 0 that morn mornIng mornIng morning Ing Conductor Logan saw him get off oft near Weber eber bridge as the train was ap approaching preaching Ogden As he knew of or the Ford murder he paid particular attention to Sullivan and remembered rim his face He Hei identified i l the desperado as the man who had stolen a ride on the morning of or the tragedy Logan Losan said Raid that before the train tran left Sat St Lake it had been carefully searched by policemen Sullivan was not no then aboard He may ma have crawled un under den dor one of the cars In the north yards when the train slowed down William II ir Harrison a brakeman cor cot corroborated corroborated Logan Deputy Sheriffs Shaken Deputy Deput Sheriff Steele told of having seen Sullivan and Owen enter the Jubilee saloon just before midnight on Dec 13 He Ito was with another deputy sheriff sherif They tried trl d to shadow the two crooks but Sul Sullivan Sullivan livan hivan and Owen Oen slipped away awa awaIt It was at the Jubilee saloon that Sulli Sullivan van and Owen met Doc Gibson a former fornier convict who was s a stool pig pigeon pigeon pigeon eon for or the sheriff Gibson Induced the theto two to men mon to go oto to his room and drink beer so as to hold them while he warned the tho sheriff that they were wore about to com corn commit commit mit a crime It was In answer to his hI I summons that the deputy sheriffs were sent to the th Jubilee saloon Sheriff Emery Emen took the th stand to deny the story stor of or Richard Denting Deming the high highwayman wayman waman that the sheriff had tried d to in induce Induce Induct duce duct Deming Doming to 10 lure Sullivan ito Into I to break breaking breakIng breaking ing jail so that the desperado could be shot down In lit his flight lIe He asserted that Deming had warned the authorities that Sullivan was trying to saw his way wa out of jail Deming Doming he lie said paid asked that the warning be kept secret as he feared that Sullivan would kill him If the truth be became became came known The sheriffs statement was corroborated ed by b Deputy Deput Sheriff Sharp who told o p rJ othe the picturesque tale tal related by Deming after the man was captured d In Ogden Olden fol following following following lowing his escape from jail of having journeyed journe ed northward with Joe Sullivan The fhe deputy sheriff sherif described Deming Derning as asa asa asa a most mendacious person Hanson Addresses Jury fury Attorney Willard Hanson in ad addressing addressing addressing dressing the jury said that to try tr a II man manfor manor manfor for or Lila Ills life was not an easy duty dut to be fulfilled but that it was a duty which must bp up Q faithfully performed by h both the prosecuting officers and the Jury Then Thenh he hc h explained the law saying that if the themen themen themen men conspire to commit a crime and that while In tho the act of ot committing the crime or escaping a murder Is committed both are arc guilty of the crime of murder al although althoUgh a though only one olle strikes the fatal blow For the slaying of Policeman Ford he said bath h of or tho th highwaymen men who robbed the HIP Albany Alban saloon deserved capital pun bun punishment mn I lie Jie then reviewed the he evidence of both bothi i the defense and antI the prosecution Had John Owen the switchman entered the tile Albany Alban bar he said Ills hilz maimed hand would have hae been noticed That was why wy wb wylie he lie was left outside Mr 11 Hanson de described described d scribed how three fingers fing rs and part of ot the palm had been cut from Owens right hand He showed the Jury Jun how the thin in injured Injured injured hand would have attracted atten Owen held a 8 weapon with It be before fore fote the men men nien In the saloon at the time of the holdup Two Men With Revolvers He lIe called attention to the fact that Ull t Owen had walked from the Belcher place without a weapon and that the revolvers used by the robbers answered the de description description of the weapons carried by Garcia and Sullivan The man who went behind the bar and used his left hand in taking money from Zhe he cash register he said had the blue steel revolver That was Garcia He took the money with his left lefthand lefthand hand so that his right could seize the revolver at the first signal of ot danger dancer The Itle Theman Theman man before tho the bar had bad a white gum gun That was Sullivan When Owen was captured he was unarmed The man who went behind the bar he h said knocked down a deaf deat and dumb man with his hits revolver clutched In his Ills right hand With only onh a finger er and a thumb to weapon he lie said Owen could not have done this Garcia he said had no desire to make such a man as Owen his companion in crime He wanted Sullivan who had come forth from the tIle penitentiary branded as a desperate reckless and dangerous man He did not search all day on Dec 13 for Owen He was looking for Sul Sullivan Sullivan livan hivan a fit companion for the half breed Then Mr Sir Hanson spoke of ot Sullivans story of his trip from Salt Lake Would an innocent man he asked have traveled for days and nights for food tood Would an Innocent man have en on endured endured dured all sorts of ot in a It race to put as much distance as possible between him and Salt Lake LakeIn In conclusion Mr Hanson said that the bullet was not fired at t Charles S Soo Ford the man but at the uni uniform uniform form fonn he lie wore and all that It represented He called upon the jury to do its duty and bring In a verdict of guilty guilt Bailey Breaks Loose Mr Ir Bailey Baile then rose and stepped before the th Jury jur I 1 have three brothers he said There Is not one ono of them of whom I think more than of this man and he pointed toward Sullivan For him I 1 would gladly lay la down my life As his attorney I have hae talked much with him I believe bellee that he lie Is innocent He has told me his story stor many times and not once have I caught him In a lie You men In the box who have known me for tor years ears He was interrupted by b It a surprised ejaculation ejaculation by b Samuel Oldham one of f the Jurors Me Ie exclaimed Mr Oldham No o said Mr lr Bailey Balle but others That man and the lawyer lawer pointed his finger at William 3 N Davis Dals has lias preached in inthe Inthe Inthe the same pulpit with me We Ve have faced the same congregation This accused man manwill manwill manwill will never be convicted as long as that man is In the box and believes that he heis heis heis is innocent I know what kind of a man manWill manWill manWill Will Davis is He will do his duty dut what whatever whatever ever the world may say sa If Ir he believes that Mr Sullivan is Innocent he lIe will re remain remain remain main steadfast for or two years before he lie will consent to an unjust verdict con condemning condemning condemning this innocent man to the gal gallows lows to having a rope tied about his neck lilick Mr Bailey said that it was the first time that he had been called to plead for forthe forthe forthe the life lire of a man nan and that he lie deeply felt the responsibility particularly as he lie be believed believed that Sullivan was Innocent He lie said suld that when he was admitted to the th bar he made up his mind not to defend a guilty man and that he had remained steadfast to that resolution Baileys Missing Links He Hc exhibited to the jury jun a chain from which he had torn tom many links supply supplying supplying supplying ing their place with g if f cloth loth torn tom from a B li d rep ri ere many Ja ins insor f 1 t to af or o cloth he r d the sub Ib sU es for the real links offered offer d by the tho pros prosecution There js no BO Ufe lite in Salt Lake he lie said that I w tild rather save than his hiis and he lie indicated Sullivan He lie has ha more Inure brains than I possess more brains than any lawyer lawer for the prosecution or the de He then described the death of the Mormon prophet Joseph Smith and drew drewa a comparison between the predicament of or Joe Sullivan and the public stirred sUrrel up against the prophet in the long ago He read some verses of a religious nature to the Jury The reading took some time timer Mr r Bailey Baile declared that Mrs rs Sadie Bel Belcher Belcher cher ellen wife of Tip Belcher the bar bartender bartender bartender tender find and an important witness for the th prosecution was a guilty woman with Joe Garcia the porch climber Handsome Joe Sullivan He spoke of o Sullivans appearance tell telling tellIng ing log the jurors how he raised that nobl noble head of ot his while being questioned by bythe bythe the thc prosecuting attorney He said that Sullivan was a valuable man worth acres a res of o such men as John Owen Sul Sullivan livan Uan he said was vas Better petter e ter looking than the lawyers at the trial Mr II Hanson and Mr Loofbourow at this looked d resentful Mr r Bailey criticised the prosecution for striving to influence the jury JUI through the widow and daughter of ot the dead police policeman policeman man When Then Mrs Irs Ford appeared appe red to grow faint taint when her husbands garments arment were brought Into court he said she was vas led past the jury box although there were open windows close loie to her side The daughter was placed on the stand to de describe describe |