Show I II CLYDE Ell SON IS PRONOUNCED a I NOT GUILTY Verdict of the Jury Reached in Short Time I I ONLY TWO BALLOTS TAIEN Concluding Arguments of King and Eichnor I i Defendant Was Almost Overcome and His Mother Criea With Joy When Verdict Was Bead L fI Clyde Ellison is not guilty of the murder of A S Watson Whether this verdict returned by 1 the Jury last night was based on tho defense of Juutincatlon the defense of Insanity or simply on sympathy because be-cause of the youth and poor hcaiih of the defendant will never bo known It was certainly a surprise to the legal fraternity for whllp expressing all deference to the able counsel for tho defense the lawyers who heard or 1 z read the evidence were almost unanimously unani-mously of the opinion that the State had made out Its case L Tho homicide for which Ellison was tried occurred November S 1002 at the I undertaking parlors of A S Watson Ellleon entered the room Availed until Watson came hi and shot him the moment mo-ment he stepped through the door F Watsons limbs were paralyzed and he lingered In this condition several days before he died SECOND BALLOT DECIDES One hour and llftyflve minutes was the time required by the Jury In which to roach a verdict Nearly an hour had elapsed before the llrst ballot was taken Wiun the votes were counted it wa seen that nine favored acquittal i two ware for conviction of manslaugh 1f whlll one vttd rnurduLh nrs > t degree I with recommendation to mercy The matter wan then discussed I for a time and the uecond ballot taken I This time the flgniflcnjit word acquittal tal was written on each ballot The t Jury left the Jury room at C oclock for dinner with the understanding that the verdict would he announced at S T oclock At that hour Judge Morse convened court to receive the verdict Tho defendant de-fendant his mother and several friends reached the room a few minutes bet be-t fore S oclock There were fifty persons In thc spectators section VERDICT ANNOUNCED Foreman Bills was the cynosure of cyery eye as he arose to announce the verdict and a breathless hush came over the court rOQm We find the defendant not guilty said the foreman r Ellison stood suddenly on his feet and then pressing his handkerchief t over his face sank back Into his chair as If In a faint He was quickly surrounded r sur-rounded by a group of acquaintances who offered their congratulations Mrs Payne the young mans mother cried with Joy when ahc heard tho verdict BRACED HIS ATTORNEY Judge King was not In the courtroom L court-room at the time the verdict was announced an-nounced lIe arrived a few minutes later and as soon as he walked In the c door Clyde threw his arms about him 1y and told him he could never repay him for what he had done He then shook hands with Sheriff Emery and Deputy Fi Sheriff Burbldgc and thanked them for the manner In which they had treated him during his confinement In the county Jail c Ellison said he had expected nothing less than acquittal although he had 1 feared tho Jury might reach somu other t verdict He said he had not formed plans for his future lire although ho cxpcctH to take a trip to California or Iowa prior to settling down and going t C to work In Salt Lake Will you live with Mrs Ellison your wife was asked T Nof he replied briefly walking away from his questioner apparently C not relishing the subject CLOSING ARGUMENTS Judgo King and District Attorney Eichnor Conclude Addresses The case went to the Jury at 1 oclock yesterday afternoon The earlier part r of tho day was occupied by Judge King and District Attorney Elchuor In argument ri3 argu-ment Judge King concluded the argument I for the defense which he had begun the previous day The purchase of the gun by EJllsoi was not he said an fnUlfncc of premeditation because the defendant did not even lake the weapon wea-pon on hit next visit to Watson he bought the gun while deranged and he only thought In his mind at the lime nae that or suicide d Two facts stand out here gentleman gentle-man undisputed said Judge iCing In conrlUBlon First tho Illicit relations between the deceased anti Mrs E1II ion as proven by tho testimony of tho defendant and pccond the confession of Mr Watson OH proven by Mrs Nash Mrs Payne Mr Payne and the conduct of the deceased hlmfclf I submit this 1 capo to you gentlemen We have made a case hero that will Justify any American Amer-ican Jury In acquitting this defendant KIlOS CLOSING PLEA It war cruel of Judge Powers to eland up here and plead for the convlc Continued on Page S ElllSUN NOT GUilTY Continued from Page < 1 lion of this young boy of murder In the first degree There Is nothing In this case that Justifies or demands such a verdict I ask you for n verdict of not guilty and send this young boy with his nrcat sorrow upon him out Into the world which will be dark I I enough for him to begin If I ho can life anew What Is I there that demands de-mands the life of this young man I Ifinl Watson It isnt the law There Is nothing that demands It I ask you gentlemen to acquIt this boy and return re-turn him to hIs mothers arias In the light of the facts In the light of the I law and Jurisprudence of this commonwealth common-wealth < I ask you to acquit this defendant de-fendant < SPEECH IN IRVINE CASE I I was about 1030 when Judge King closed and air Elchnor began the closing I clos-ing argument for the prosecution He said he believed In I the statute of justification jus-tification but did not think It should t Ic lon be abused Reference was then made to the Kolghn c cose whIch brought forth an objection from Mr Truman There was n tiff between the lawyers I which was not settled until the court cautioned them Much of the district attorneys = address ad-dress was devoted 10 the use made by Judge King of Judge Powers speech In the Irvine case I suspect that he has carried that paper with him for a long time I HUB peel he has slept with It under his pillow low and on awakening at night has pulled it out and said J ts have some more of Powers I dont blame him though for Judce Powers certainly has the power to sweep a Jury off its feet with his eloquence Judge Powers has acquitted acquit-ted more men In this State that should have been hanged than any other attorney at-torney I am not criticising him for that He just has that way and such eloquence that you cant help but think he IB telling the truth MRS ErLISONS COURAGE Mr Elchnor paid n tribute to Mrs Ellison for her courage In entering the court room during the trial saying It required more courage than war shown by nil the other parties In the case together to-gether Ho had never known of a wife who was guilty who would not stay with her husband when he was on trial for killing her seducer I was only when he branded her at the stake of public opinion as I harlot that she would not forgive him The Intimation that Watson was a rich man was dent by Mr Eichnor who said he left nothing but his insurance insur-ance The story that Mrs Ellison and Watson had called each other endearing en-dearing names and Mrs Ellison hal said I am very sick sweetheart when she was dressing to go out to a party with her husband was called absurd Likewise the story that Watson Wat-son had gone through the hall In his night clothing In the full glare of alIght a-light Mr Eichnor ridiculed the claim that Ellison had lain quietly in bad while Watoon came In and then ran from tho room and then actually thanked Watson Wat-son for waking him up INCONSISTENT STORIES The testimony o Mr Payne In regard re-gard to the loud wrangling between Ellison and Watson at the Payne residence resi-dence was cited by Mr Elchnor as proof that Watson had not confessed that he was dpnying Ellisons charges as vigorously as ho could lie declared de-clared that Yeoman n not Introduced as n witness because although he was a close friend of the defendant his testimony would not have helped but would have hurt Ellisons case I war Inconsistent he said to claim in one breath that Watson wanted the story of his relations with Mrs Ellison Elli-son kept from Mrs Watson and In the next that he told Ellison that he would tko Mrs Ellison and support her Mr Eichnor closed with an apostrophe apos-trophe to truth and n plea to the Jury to do its duty INSTRUCTIONS TO JURY In his charge Judge Morse told the Jury that the burden of proving Justification Jus-tification was on the defense that It must be shown that the homicide was committed in u sudden heat of passion pas-sion and that this passion was engendered engen-dered by the discovery of the defilement defile-ment or attempted defilement of a fo mulo relative that the law will not permit the husband to deliberate there must be no time for tho passion to cool Insanity was defined as the Inability to distinguish right from wrong or to determine the consequences o his acts Tho absence of the wife from the wit ness stand was not to be considered |