| OCR Text |
Show AFTERNOON SESSION. Judge Thurman 's Strong Speech Motion Mo-tion to Dismiss DcnlecL Upon resuming at 2 p. m., Judge Tliunnan addressed the court. It was expected that Judge Hilton would take part in tho argument, but ho remained silent. fudge Thurman said in part: "Tho salient points havo not been made to conform to any theory of Mio prosecution prosecu-tion upon which it has tho right to claim that the defendant bo held to answer. There is no difference between tho attorneys on both sides ns to propositions propo-sitions of law. Ho wanted to call attention at-tention to two questions, however. Before Be-fore you can bind this defendant over on the evidence beforo you you must find not beyond a reasonable doubt that ho is guilty, but you must havo probablo cause lo believe it. The offense of-fense must be established by the higher high-er degree of ovidence; that' is, your honor must find thnt there was an of-fenso of-fenso committed. As to whether or not i the defendant committed it. you should I hnd probable cause to believe that ho I did. ! "Judgo Hilton has not seen fit to mnkft an argument, on this occasion. It. may be because ho thinks it is trivial-it trivial-it may be that he thinks his relation to the case is of such a naturo that it would be better if ho let tho regular btatos attorney tako caro oi the State s case in the argument. Wlint-ever Wlint-ever bo his reasons it .is to his credit hnd J.say it now, that he takos no part in this argument, I do not caro to say much upon that proposition. Judge Hilton is a gentleman whom I am not personally familiar with, and .1 havo learned in' my life, and 1 am proud of the fact, to presume everything always in favor of any man unless L l:now to the contrary. "Speaking by reputation, I hnvo( hoard that he is a "goon lawyer, but I join with my associate and as a j citizen of the Stato of Utah T feel that I would be derelict in my duty if I failed to make tho suggestion that the relation of Judgo Hilton in this case, under tho peculiar circumstances of it, is without a parallel in tho annals of jurisprudence. I undertake to suy that no case can bo found in any book in any land where tho Stato has not only accepted tho confession of tho arch-criminal arch-criminal in a case in order to convict one of the lesser degree, but has during dur-ing the trial associated with tho Stato tho attorney for that criminal in order to convict a man of a lesser crime. Poor, bleeding Utah has suirered in tho-past, her history is .blotted with the tears of women and children, and I might say written in blood, but wo havo never yet. had a case in Utah, even in the dark days of what we call the crusade, when tho great majority of the people believed that injustice was being done by tho administers of justice; never whs it; found that there was an unholy alliance between tho Stato and the arch-criminal in a case, and with the at torney who represented him. What Immunity for Parrent? 'Now that is enough. In connection connec-tion with it, however, I wnnt to say Parrent swears ho expects no immunity, immuni-ty, Parrent swears ho had no promise. Parrent says ho only expects tho right to hvo and lie would not swear to a lie to maintain that right. Mr. Hansen Han-sen said, probably he did not menu to say it or rather modified it; I understand under-stand him to say, however, that, quoting quot-ing what Parrent said on that question, quest-ion, he also says aiul I say there was no promise. I cannot dispute Mr. Hansen, Han-sen, but E say-I wish T could bclive that by some means or I hot by no means whatver, any hope had been held out to that man, I want it put that way, because I saj' and I say it as a citizen of Utnh I say it without prejudice that he is quilty of robbery, he is guil-yt guil-yt of larceny, he is quilty of everything every-thing known lo the trade of tho bunko man, he is guilty of porjury, cold and deliberate; and J want that man, as a citizen of Utah, to pay the penalty of his crime. It will be a shame to turn him loose; and if what Borther Hansen says is true, that he entered into in-to no deal I say it to the credit of the county attorne.v. But I want to say-wliether say-wliether Brother Hansen has directly promised him or not, and I say in tho face of the record here, that, that man Parrent has had some assnranco from smoebody that ho will escape scot free i if he 'will only implicate Chief Sheets in this offense. Shoots the Man They Want. "Sheets is tho man they want. They don't care anythiug for Newton: they don't care anything for Raleigh. Sheets. Why Sheets? Sheets is tho head of one of the departments of an administration administra-tion distasteful to the prosecution, an administration it would like to down and don't misunderstand me, I am not here as an apologist for the municipal administration. I have nothing in common com-mon with them. I am not protecting it in this fight; I am defending George Sheets as a man, and I am telling what 1 believo to be the facts, and tho whole history of" the prosecution of this man from the time it commenced do.wn to the present time bears out the statement state-ment that E make. In the midst, of a hot political campaign they charge him with some offense. It is urged and believed be-lieved so that this cloud may be hanging hang-ing over him as luk campaign goes on. The campaign is ended: I don't know, it may have accomplished its purpose; I don't care. But it is a fact just the same, and no man acquainted with the history of this Stato can view it in any other light. It is brought down to the present moment,' prejudice manifests itself at every point of tho prosecution. Projudico of Prosecution. "Wo cannot suggest tho palpable fad, that Parrent was a crook, which he admitted on the stand, without the attorney at-torney for the Stato coming back and saying, "So is Shoets a crook." A man on trial, a man entitled to somo courtesy, to some consideration from the Stale, a man that, ought to bo, to some extent, by the Stato presumed to bo innocent until the State shows bv tho proof that lie is not. Wo could never refer to Parrent, the confessed crook, tho confessed flimfJammer, tho confessed robber, byt these names without with-out instantly having it flung into our teeth that the defendant hero on trial wns a crook. If wo told our brothers on the other side we were doaJiug with a crook, wo made it becauso tho man had confessed that ho was. Immedi-atoly Immedi-atoly it would como back, 'You nro associated with Sheets,' presuming that Sheets was guilty. "The very fact that he is at the head of a department, in a city like Salt Lake oughtt o bo somo nresuniDtion nrov; to the contrary that he is not a crook and a ilimflammcr. His official position posi-tion by appointment of an administration administra-tion elected by the people should have been something of a mantle of protection protec-tion by which he would at least have had accorded to him the ordiuary presumption pre-sumption in criminal cases that he wns not a thief or a crook or a man who condoned these offenses. But havo we had any such consideration? No It is something that has never been heard ol beforo in the State of Utah in the administration of justice, nnd the shamo ol it is that the representative of tho btate allows his projudico to run so far that ho will indulge in a practive of that kind. Hansen hns said that when a man had no case ho abused the other side. I thought what a hard case Brother Hansen must havo when ho called Brother Christensen n liar I thauked God that I was associated with a man who in the face of an imputation imputa-tion of that kind had the manhood to face it in a dignified manner and make no other reply to it. But that is the conduct ol the State, the conduct of the defenso," Judge Thurmnn then briefly reviewed some of the salient points of the evidence, evi-dence, and asked for. the discharge of the defendant. b I Judge Whitaker Denies Motion. Judgo "Whitaker, without a moment's hesitation said, '-The motion will bo denied.' After a recess of an hour, the dc-fense dc-fense opened by putting Capt. John E. Burbidgo on tho stand. Ho testified thnt from the loth lo the 2Stii of An- 1 gust Chief Sheets was absent from the city, and he acted as Chiof of Police Hu produced the liquor licenses for the 20th and 2rth of August, which bore his O. Iv. mJl0re was 1,0 rross-o.-aminalion. The defense had no further witnesses to produce at that time and an adjournment ad-journment was taken until 10 o'clock this morning. |
