Show I 1 ALL IN till DEFENSE ITS the itic arguments being ISi iu aade I 1 lac case to lo go co to the hie jury juri tomorrow tuesday matlay I afternoon session began bagan with tile mcall re tall of J J thomas I 1 know knon I 1 II 11 1 thompson of salt isalt lake city the onu ollo I 1 that hat v w is ai hero here esterday a I 1 sa baw theau E two tho together in i I 1 anat aut allbe october an in hc balt it lako lake ila wall wai driving the defendant around town I 1 paw CAW them at ilia mike and tile llie i saloon Bilo powell was 11 with me it was vim very ery near dirk dark TI I 1 lity L stopped atthe at alie senate maloon le do aci tiiu i lant ant wits wa not intoxicated but bul lie ho had li il been bethi drinking I 1 maiv him again aj iii that evening at tile white leonat it wits just getting getti tig dark mr powell was as also with tile inc there war vas quito quite it 11 r diero after lie cattle camo front from tho the senate baloon lie it nas as in in front of tho the hotel tile riia inan pearson n clerk of tile white and tins tills other man took holl hold of him mil and wanted him ann to go into the ilia ollice they then got to schilling ng mith linn him they stion threw luni him down they I 1 to 0 talk witia him lie ila said raid that lie lia would p with me ino lio lie thou then went out to ilia r pack lick and they drove him off I 1 did not film after that until morning lla ile did not have a pistol with liim him 1 for I 1 ila ills hla pistol locked up at home I 1 nin inn sure euro that lie he had h 1 no pistol for lie asked me ino to loek lock up liisi hii pistol at lehi before no na went vent to up fault alt lak like I 1 saw no pistol whilo lie he wits lit in salt lake on kii his person or it at all I 1 saw thompson rhom paon about 10 or 11 II that night anal again in in the white house mr powell POM ell was v aa retailed recalled re tailed called and te stifled to going thomas and the defendant to sat a ill lake drove around town took a drink at the senate next went to tho ilia white house did not see sea him draw a pistol thero there lio lie lid did not leave lave a pistol with nith him film sit at all adjourned till wednesday coming charles green another brother of 0 de ihmud was wai called by the defense and sworn have knoy know defendant 0 or 7 years Q 2 do you remember a remark made li by alvira roan to the effect that it took ail AI I 1 ills time tima to ride the range to find horses hair arhia father and friends bendi this 1 lug question was objected obi a led to by mr dickson A lively discussion ensued between counsel objection sustained witness then said we stopped at tintie and got dinner and met with hose and captain coarson wanted to trade horses nith fill rose hose they the did not trade however and I 1 went down don to tile alio trade ile iio called ins ino to come coine back but I 1 w went ant on oil and then pearson fired off his pistol and I 1 bogli had liquor mine mine was whiskey dor doht t know wl abi pearson Ir araon lull had defendant was vaa not intoxicated when lion wo MO root met rose kose and cantlin all four our of us its drank we iva were all affect fd d by tile the liquor defendant wanted to buy some boino lair hair rose llono hall had behind ila his saddle saddie but bu t lie he declined to let linn him have lave it I 1 wore 0 re my y board as ai I 1 do now all round my lace when defendant fired fai ed lna his t tol 0 1 the bullet did not come an any where near ins ine we wore ivere friendly I 1 ic returned turned anil and told him lio lie want to trade horses his hia was a yo young u ng one while the other one was waa old defendant ef eIlt did not risk me to light fight nor did I 1 get down in the dirt seen abe perdue and titus billing Dil lingi in in provo saw the utter latter at Irr Per dues homo louse eliat night defendant was wag pretty full lie ile flourished lug ilia pistol around Per dues house while lie he wits outside I 1 went into the house louse id mr r billings and another gentleman centle irian is MB isas as there I 1 shook hands with perdue and sail said we ie wanted to stop glop with him 11 said all right t turn n rn your our horses out de DC fondant binl int did no not eat calf me out I 1 went out and vo nye hobbled our horses and turned them out had find some nomo more liquor that night perdue took the bottle that had panic noine liquor left in and put it up till next morning r n i n next morning wo we badu andu tiled up am and d d left it did not net see se any one try tr t to 0 hurt u r defendant I 1 enfant that night at per next day wo we were sit at lehi known him to stay sly at lehi lebs four or five days daya at a time llis ills pushing baxter into the sevier river was ivas only a reak freak ot of fun lie had just pushed me ins in in a little before that hal WO we boys were in the habit babit ol 01 doing that kind of thing the time I 1 went vent from lot ichii I 1 down to the ranch lith hammer and jacobs we e took a gallon billon kei keg of 0 whiskey along drank some gome on the way all drink up by next morning mornine we sent cent tor for some gome more winch which somebody called scotch whisks dont know of any alcohol being brought brou gItt there that night wo we played cards tor for I 1 A horse hone a pistol was by defendant he shot eown own into the ground there were wera none ot of us ua any too bulat ileen to the ranch twice since bince I 1 orrett arrived arri veil went there on ail jan with ith defendants lather father defendant was wa sick stayed with hire him all night he was floa in inu from rom a rupture wednesday wednesday morning mornin charles green was wa cross examined by sir mr dickson Dic knon my brother forrest farat met defend ant in colorado I 1 win was there 8 or 10 months before my brother came cam there was three or spur pur niiles miles from silver city when we met cloae B case oot got no liquor on the way nay up from tho rau ranch defendant was nan not under alio t ie influence jc e of lequar when ft we e went into millers Kl saloon we wa took two bottles away nw ay wi til ill US u and 1 I i auk uk four our or live times on the way in tin an hour and a halt hall met rose rosa we were pretty well under tinder the influence 0 of liquor then de defendant fondant had bad liis ills pistol out and discharged it several beveral times timen between the ranch and silver city the first thing done atter after meeting rose as aa defendant offering oll fring to trade horses I 1 liliu him not to do so BO and went on to got t a drink of 0 water file first ticia in he called I 1 paid no attention to him and the second time lie called to mo me I 1 turned and went vent bade back did not hear liim him say 0 di d n you come back would nut not swear lie did III not say those these words worda I 1 got olf off my horse did not get down dow n into the alia road may have sat eat down cant say whether 1 I did or not dont recollect my getting down on my knees in in the dirt in obedience to a command 0 of defendant would not swear I 1 did not nathaniel U uren reen came up just as ail rose and cantlin rode olf oil am not withe positive that pearson did no not t say lie he vi would make tile me fight when lien wo a got down to Ier perdu duea le a laco I 1 ilont dont think we were any more under the aitla enie ence of liquor aliquo r defendant had a six fix shooter in his hand awe ir that lie hi did not bay any come out vou a of a b le ive got you now I 1 told perdue there were nj no in I 1 had taken them out nut down tile tha road when lie dropped p the pistol I 1 may inay have bae said laid to dont hurt him the pistol to Is not loaded bowled 11 can aan not swear that defendant did not hand ilia hia gun gua to cantlin Cint lin when we went to the ranch in october jacobs jacobi purchased ned the liquor we were not under berthe the influence of 0 liquor though we were drinking all t the be time on the road defense calad for joseph joaeph covert inis i ot being bein present Ireae ut daien 1 I 1 ant again ain tol toi k the t lie he said sent abent a telegram to eureka for covert Coert yesterday yeat erday linow know eitai billings Ui HIU ho find testified teet inid remember lafin abut ah mt a week ago in provo ai 1 tile the court K Q I 1 will aak you it if sir billings dil di l I 1 40 not filly to yon on that ho he know a man who ft ho for or money would swear aw ear thit that areen had to kill you or swear to anything else elie to oba objection tion sustained Bin tamed necked de defendant enfant stated lie remembered introducing him to couer I 1 mr IIii liton on the street knew E DC 0 farl mit ilet him when in coia pany alli ith my lily another ui charley irley lit lehi lie he was intoxicated an and I 1 tried to forve ion a a 1 11 l lull bill poll ui in ill it lila shop next div anti aind joking Ns linn if n farce blin to orink drink know E 1 L liner mar anti an 1 ber im his baloo I 1 v I 1 th chat Cli 11 1 li arol on n our MU it to lehi KB tri erb d rl aking not intoxicated vion vl nse m left et I 1 I 1 bought tt a ismall bottlo bottle of it biskey went down don tile road and nd met I 1 LOBO lose and cantlin incidents iiii lenta narrated by green arr are barail aar to me now thit that I 1 hive have heard them cant can t remember an thing about a aar rol rat with charley green nor firing bring a pistol astol on off nor coni manding green to at mt ilowit own into tile hie rond road cant can t kemem er flourishing my iny pistol around aroun I 1 It emelil bera lor 11 year r ag aro a coming cu niini from lohi by way ay of brot brovo 0 on oil my lily way to nry my ranch il a 0 might hero here and then abent on by vira way of north alend stayed seven or eight aye at mount pleasant and then proceeded to nephi over night proceeded t lore and went on oil to the ranch did not dr drink ink to any escos in any ally one af of thekle places mv bly firing in tile the cabin was M by impulse to startle the boys boye who N were ere quitt quiet 1 I was waa not tin I 1 lor tile the influx once of liquor cant remember any of 0 the hie incidents related acl ditc itc 1 by thompson rii ompson as an having occurred lit in salt lake except tile the disturbance at tile hie chite house on the ilia night testified stifled ta to by air thomas and mr powell I 1 did not sleep at tile tho whito house remember sleeping some boine where else cross examined ilav have c no recollection of having met rose or having my six ix shooter dont don t recollect having tes tea tilled when on oil the tha stand before t that it I 1 was intoxicated on the ilia night I 1 firel fired in the cabin know I 1 wall not intoxicated am pontico etive I I 1 did di 1 not lime have any pistol in salt lake city mr dished IV it to appear on tho the record that nathaniel Nathani tl green and abo abe perdue had been subpoenaed by the prosecution and not put on oil the witness stand the tha defense rested here it was agreed that tile arguments should conclude not later inter than I 1 on saturday next and that they be begin in gk on oil thursday Thu morning at 10 0 c 0 O c tho the jury was therefore dismissed until that timo time on thursday morning the opening argument u it for tile lie prosecution proe cution as aa mide made by 1 avit alvana eab counsel adverted to th alib ija i injury ja ry received by defendant defan dant when a child and proceeded to relate ilia various incidents associated with I 1 hil li life as developed in the testimony nothing that had transpired fro broin ra the time auns of 0 defendants re from froin his hia injuries up to the time of t rt the la alleged hoin homicide icide indicated that hn was v R on e tibia to Iti insanity Fanity as tile tho reu result lt of f th choso injuries the prosecution could not and m ouia it not ot admit that defendant bad been deprived of ins his reas reason on it the brinkly brinling drin Ling of liquor was a pre disposing caused of unconsciousness on n tho the part of defendant which counsel was nas not pre pared to admit in in this case was it not a fact thit that tile the father had admonished and warned ills son eon some years after a nights carousal ca roual in in san ag francisco iran ri neisca cisco against the drinking of intoxicating I 1 1 li I baor and hal had informed his hia son on odthe of the probable effect drinking liquor would have biava on hn his mind Accept accepting in g the theory for tile sake of argument ant that alcoholic liquor would mould have bava snell an fleet affect on oil ills hia mind was not defendant aware of tile fact and being so 0 o informed was lie ie not responsible was not the act of ills ui drinking liquor voluntary 7 society M would indeed be in a precarious and insecure insecure condition it acts of violence vio lenca were to le be excused or even cen tolerated under such cl reum stances the testimony teall mony had shown first that defendant had been barq of the effects of drinking alcoholic liquor in view of the injury his brain had received in in childhood hood land and second tie cond that his hia drinking was voluntary and frequent defendants course coure at the ranch then bt at aller city and lil again nt at lehi demonstrated in s t ted frequent drinking carousals and acts of violence during these theia scenes of disi it was evident that notwithstanding his hia intorica tiona from the tha drinking of 0 mixed liquors liquor a defendant was on each and every occasion sion in possession of liis ills reasoning faculties and consciousness Kt Its fenin fening g to the ilia eventful eventa ul da daj 0 of the z homicide counsel said it it had been shown that defendant had taken three drinks in the tha morning mornine and that he the th dolen defendant dan t had called for alcohol toddles tod dies pearmon lc ron had admitted lio lie called for or hot it was van reasonable to 10 infer that clial lie knew lie ho had called callea lor for alcoholic aco filings fil that ho he had taken the drinks voluntarily ivas M evidenced from the fact that tie lie made gad afterwards afterward drink when that portion declined and forced gad dad to drink by directing the toward ard him and saying baying drink or dastol ance the barkeeper bar br keeper hat testified that he ha rave gave the par parly what hat drinks they tl called lor for and ho be ha had asserted that alcoholic clingi were culled called lor for there Is no denying the tint that de tein lant was the ilia influence of liquor th at day it is ia understood that de drinking between 0 6 and 7 that morning it was shown that thai about three quarters of an hour before the homicide and after riding into the corral defendant was not Ilar burtley llad had testified that green was w tight teju but t defendant was not painter hail had testified that defendant did not even stagger Bt anger sidwell said bud that fearson walked into jail and scarcely arcely Bi rail other witnesses tell tea rifled nearly to the same effect i therefore would not admit that de fondant was not drunk when ho be committed the homicide bearson it itt would be remembered said to me bac goosley Doo Goo ilem slem you have hall had enough car had raid defendant walked into the jail without A any assistance rolla lied fied to the sanie effect ei rit defendant had talked rational the avi two 0 o half loll 1011 ir incident arld and mail other circumstances provo prove that lie was vim in possession pogi maion of NA lim derme and was wai morn more st risible mid and leu less intoxicated than the deceased ilia pro ven ui ratina rationality lity intelligence and appearance on thit fatal fa il afternoon are tile test tent of bia evell after the mien the tha officers were after him th a fact 1 act nt nl ill hit hurrying ying off whipping and lashing his hii horse to get away Is is another fact to prove pros a his conscious ness and know knowledg kao led lede e of if what lie he had done it was wa the belief of 0 tho the tion at the me little 01 the arrest was anti and fraudulent it lovias was noticeable |