Salt Lake Tribune | 1916-04-21 | Page 8 | Philbrook on Stand in His Own Behalf

PHILBRODK Orj STAND I HI50WB BEHALF. Man Accused of Murder of Aged Miner Denies That He Is Guilty. iP'" hi to 'J lie T.-ii-uu. ''i)Y:S, April 20. That the cgfc of 1'i.iiik rtii.'lji uok , charged with inurdci', ill ,yu to l in jury ou its merits wns leil.irtr.l toda;. w lieu .ludyu N. J. H:u-r' H:u-r' denied the defendant's motion i'or ili.-'-h;irL' and Nuitii ,. hristensen, iit-H'l'in'v iit-H'l'in'v lor PhilWoulv. proceeded with . ii in 1 1 ud.u-r iou of evidence. The do-"n). do-"n). ium hiiMM'il w:ie placed on thr wit-.-cnid, 1 1 u 1 aider lie h;id com plated tit.s I inmny ;iu adjournment was taken until .Friday mommy ti permit the de-feui-o to arrange lor additional wit nesC;-. Pending argument on the motion tor diM-harC of t h " defendant, thr jury w;i' net required to report nntii 2 o'i'loi-li this afternoon, wnen the motion w;is overruled hy the court. Attorney Christ on yen based hit? motion ou the grounds that the state hail not proved a crime had been committed, 1 hat the evidence offered was at variance w ilh the information, and that thn evidence against the defendant had not heeu put'-j ficient to warrant the case going to the jury. A fter contending there was no evidence evi-dence that Patrick Quigloy had been poisoned. Philhrook's attorney said that if the court should hold the proof sufficient, suf-ficient, there had been no evidence to ; -diow the poison had been administered ! by his client. Any bartender in the saloons visited by Qnigiey during the evening mi-.dit have administered the poison. Attorney ( hristensen argued, or it migbt have been taken with suicidal ; intent or for medicinal purposes. The attorney also called atfpntion to ( the testimony- of Herman Harms, state ! chemist, who has testified that the ! amount of morphine in Qtiigley's body ' might have been the resiilt of an overdose over-dose of the drug taken by himself or an ordinary medicinal dose. Such a condition, the attorney argued, would leave it to the jury to guess whether the miner had really been murdered. The removal of the body from the rooming house or even the taking of money from Hip miner's pockets would not nece?sar-ily nece?sar-ily prove that Quigley had been killed, according to Attorney Christensen 's ar-gu ar-gu mcnt. District Attorney Job n 0. Pa vis replied re-plied brief! v in the argument of the defense. all eg ing that the facts were Muite sufficient as tn merit consideration considera-tion hv the jury. .fudcre Harris took the motion under consideration until t lie opening of the a fter noon session, when he denied the request of the defense. de-fense. Atternev C'hristensen immediately imme-diately called Philbrook to the witness stpnd. The defendant said he was years f ace, and had been employed as a "lecbanical engineer. He denied anv 1-nowledge of Quigley having been roi-.onod roi-.onod nt the "Pawnn rooming house, do- 'l;;riug that llic party in Mi's. Dawson's private nuiiih was purely a social affair. af-fair. After the miner had been tuken to his room some of the bovs wanted more beer, ac-ordiup tn Philbrook's story, and. remembering that there were two buttles left in the miner's room, they went in to get them, it was then that they discovered the maw to be dead. As to the removal of the body from the rooming house. Philbrook asserted that this ; done at the instance of Mrs. Dav,-on. who had previonslv had trouble with' the police, aud thought it would not be easy for her to explain the presence of the hod v in her place. Thn defendant denied having taken money from Quigley's pockets, and assorted as-sorted that if the miner was poisoned, the drug was administered before he came to the Pawson rooming house.