Show ARGUMENTS OF DEFENSE Judge Powers Makes a Masterly Plea for the Acquittal of I k Mills Attorney Straup Deals with the Law of the I > Case County Attorney Putnam Begins His Argument I Argu-ment js I i if f The trial of Capt Fred J Mills for thc killing of Chief Engineer John C OMelveney of the Oregon Short Line railroad In this city on the ord of last October Is rapidly drawing to a close Tho case will go to the Jury today probably about noon The defense occupied nearly all of D N with Us arguments yesterday Is Straup spoke during all of the forenoon fore-noon session and Judgo Powers con timed two hours and twenty minutes of tho afternoon He was followed by County Attorney Putmim who closes for the Stale Mr Putnam spoke for forty minutes last evening and will I probably conclude his argument about H oclock this morning I la t not expected ex-pected that Judge NorrelPs instructions instruc-tions to the Jury will be of great length J and the matter may be placed in the Jurys hands before noon EXPECTATION OF ACQUITTAL I A majority of those who have speculated specu-lated on the probable verdict believe that Capt Mills will be acquitted and I think tho Jury will arrive at an agreement agree-ment within 0 very few minutes aCer retiring The defense has made H l Htrong case on the two lines laid out the old justification for the deed under Utah statute applying to cases whore a husband kills the delllcr of his wife In the heat oC passion and insanity On l tho other hand the prosecution has strenuously contended that us the only Information as to the defilement Capt InCormaton his of Mills received was rom the lips wife and as the wife did not testify In the case the Justification for his deed was not shown to be such as would entitle en-title him to the protection of the I statute They have also represented that as Capi Mills allowed something I over two hours to Intervene between the time he was told OMelveney was the seducer and the time he killed the latter he cannot Justly claim that the killing was done In the heat of passion The prosecution has maintained also that the actions of the defendant about the time of the tragedy were not such as would give color to the plea oC Insanity In-sanity although against this It Is generally alhou erally admlited tho defense produced much more evidence to prove tho Captains Cap-tains mental Irresponsibility than did the prosecution to show the contrary THE PROOF AS TO DEFILEMENT l In regard to Mrs Mills not testifying It will be recalled that the defense I I waived the statutory right which relieves re-lieves a wife of the necessity of testifying I testi-fying against her husband and offered the prosecution the privilege of calling with OMel Mrs Mills If I her Intimacy veney were questioned As further proof that Mrs Mills hud been denied the agreement of separation which was signed by Cart and Mrs Mills in the presence of Rev D Douglas Wallace several days before the tragedy Is also soverl offered In evidence to show that there had been trouble In the Mills family No effort was made by the prosecution to show that Mrs Mills had been Intl 1118 mate with anyone other than the deceased de-ceased and the greater presumption Is therefore that if sho were Intimate with any one it was OMelveney Her confession ib i further evidence of this ifituL POWKRSS ELOQUENT ADDRESS I The most dramatic part of yesterdays lhe oC days proceedings was the argument Judge Powers the announcement of which drew to the courtroom by far the largest crowd that has assembled there during the trial Ihe room wus literally packed the spectators crowdIng crowd-Ing the aisles and up within the rail I Ing which separates the spectators seats from the rest of the room The the > attendance was characterized by ateJdancc who great number of prominent people were present the legal fraternity being Judge especially well represented Powers although in poor health made one of the most magnificent addresses f c he has ever delivered in the courts here D MOVED THEM ro TEARS flowed freely from the eyes of r Tears 1owcr i both men and women throughout almost al-most the entire speech Capt MlllsH for moment a c eyes were scarcely dry f while hits attorney was speaking Mrs whl < nlnmey OMelvcnev wan never more stoical t since the trial began There was not tL suspicion of moisture about her eyes even when Judge Powers was referring to her husband as n man who was a 1 t menace to the home and the Nation those whom and one who had forsaken le luul vowed to cherish to gratify his Powers basest passions When Judge bae that turned to her and expressed regret that and hear she was forced to be present tho described her dead husband BO t cynical smile which has characterized f ill widow at those times during the trial which would be the most trying to r trl1 ordinary woman was again mani feted t t Several times during the address she I tmes several moments at s gazed fixedly for nOnlelts f Capt Mills as If there wore a fasclna < Capl LJ the weeping man but 1 lion for her In weeping t ton she removed her eyes from him when impassive i again there was always the same b passive face is the law In this case and applicable to the cast I Is I for you to apply the facts In the ease you are the sole judges of the facts I IB for you to say whether a certain thing has been proven or has not been proven IL in for you to fiiy whether you believe ihese witnesses or do not MILLSS GOOD CHARACTER Now un starting In to determine the facts In the case It Is l of the utmost l Importances to know what kind of a man you are dealing with what haw heel shown hero as the character for peace and qulitness although there may not bo I another tiling that alone may leave In your minds 0 reasonable doubt So in this case the fact of this mans having been proven of good character and good repute a man who has lived an honest md an upright life r i r Sz 7 H j D N Straup No woman that was bad could ever write such n tender letter 4 industrious sober as he has moral 11histlous I peaceable and honest that kind of a man gentlemen of the Jury is I not in mtl entemen transformed Into IL twinkle of an eye tnl a criminal I Mr Slrnup then briefly recalled Capt Millss happy family relations before going to Honolulu He told of the attack at-tack of typhoid fever In Honolulu and lacI said that whatever experts might claim the facts remained undisputed that the nUn was Ick mentally and physically when he returned to the city Mr Straup said that tho defense did not claim that the defendant was a lunatU I caim merely that he was irresponsible Irre-sponsible because of that t illness i ho did not have the strength of body or mind thai he hud prior to his illness prO I The return of Mills to Salt Lake his long Illness I I I in I tho hospital I his expecta tion of obtaining a position on the Oregon order gon Short Line and later the from OMelveney lesulnding an order which he had previously given for Capt Mills to be employed the defendants defend-ants going lo Cheyenne to work and later his return to Salt Lake the meeting meet-ing with his wife and children the finding of the letter from the wife In which she expressed the Intention of taking her life the visit to Pocatello nnd the wifes confession of her Infidelity Infidel-ity the return to Salt Lake and the circumstances cir-cumstances surrounding the written confession of Mrs Mills and later I the Inking of the life of OMelveney all were outlined by l11 Straup DELIBERATION IMPOSSIBLE Then counsel continued And you say that n man can deliberate then say that a man can relied then say that a man is responsible for his movements move-ments responsible for his actions In referring to the letter whIch Mi I Mills I found from his wife after she had gone she asked for away the letter In which < na mercy at his hands Mr Straup said mcl that It was one of the most pathetic things In all the history of the case Say what you will about the wife of Capt Mills you may stand here and talk about her until you are black In the face h tin that letter lies the character of a most gentle nature a pure heart and a person of the most tender sympathies No woman that was bad no woman with a bad heart In her could ever wrIte such a tender letter telC speaker then recalled the visit of Mr Mills to the office of OMelvency the office of his friend and ald the Impelling Im-pelling motive was a desire for consolation conso-lation recalled OMelvoncys remark lalon his wife had heard something about Mrs Mills and said that the remark re-mark oC Sir OMelveney was like that of Tago vhen questioned by Othello concerning the relations of Cassia and Dcsclemona when he wild I think he IK honest I think she Is vIrtuous There could not be a thing more crafty In arousing a mans mind than that Words that aro halffreighted have more weight upon a min mind than though It were spit right out THE EAGLE GATE EPISODE The incident at the Eagle Gate was then recalled and the expression upon the face of OMelveney when Capt Mills said to him But suppose she tells mo so herself was referred to and then Mr Straup said Gentlemen Gentle-men of the Jury you may do a wrong and hide it for the time being but when you are pursued when you arc pressed when you arc questioned there comes a time und a period in your life and that time came to Mr OMelveney The time had come when the false face could no longer I hide what the false heart knew The purpose of OMel voney was to fasten the guilt upon some other man and that was why he later urged upon his wife to tell what she had heard about a certain physIcian physI-cian In referring to Capt Mlllss visit to the hospital and tho written confession1 of his wife 1 Mr Straup asked the Jury to picture to them selves It they could the State of mind In which Capt Mills was immediately after hearing that his friend had betrayed be-trayed him Vhen you have considered consid-ered that thon recall the saddest tragedy that you have ever read and nowhere will you Und a picture of so much despair sorrow and disappointment I disappoint-ment HIt reason gone the will not under control the gloomy and despondent i despond-ent spirit of that man crushed to earth Demand of a man under those circumstances circum-stances control Say that he shall bo deliberate Say that he shall bridle his will and hold himself In subjectionl Though a man had a mind as strong as the greatest philosopher that ever lived the Iron will of a Julius Caesar the firmness and determination of Grant ho could not hold and contain himself let alone a man In this weakened weak-ened mental and physical condition that Mills was In Who In all the history oC civilization has over under those circumstances cir-cumstances been able to do It Coun nel nays 4Vhy he had two and a half hour to cool oft Is that all that he I thinks of marriage T that all that lie thinks of a broken heart A woman lost to him It might do ror a Sulu It l might do for a man that docs not know what It Is to love a woman j U might do for a man who has never had born to him children but a man who has tho I strong affections of Capt Mills why the longer he would think about it tit greater would be the heat of passion I QUESTION OF DEFILEMENT Mi Straup then took up the plea I made by the counsel for the prosecution I prosecu-tion to the effect that no evidence of I defilement had been Introduced that L counsel for the prosecution Insisted I I I that the written confession of Mrs Mill was offered to show the state of 1 defendants mlrd at the time referred Ito I-to He denied this strenuously and contended that It I was In evidence for whatever purpose the Jury might wish to consider It The speaker further stated that the defense had waived Its right and had offered to Introduce Mrs hut the prosecution Mills ns a witness I had not seen fit to call her and It therefore could attach no blame to defense I de-fense for the nonappearance of Mrs Mills upon the stand As to the I statement state-ment of Mrs Mlliss not being competent compe-tent evidence the speaker pleaded that It was and H ild that no woman makes such statements unless they are I true and asked what Inducement there could have been for Mrs Mills to make the statement unless it WAS true In closing Mr Straup saId that If I the to tho defend jury had a doubt as I ants Hunlty it I ionic not convict him that if It found beyond a reasonable doubt that defendants will was not under un-der his control It I must 1 acquit him I and If It had any doubt about defendants having a reasonable motive for the crime it must acquit him |