Salt Lake Tribune | 1919-11-02 | Page 17 | Jurymen Retire without Verdict

JUI!H RETIRE WITHOUT VERDICT The jury before which Mike Gionopolis was tried in the criminal division of the Third district court for the fatal shooting 'ofDr. M. B. Shipp June 0. in the office of the physician, 1591,. South Main street, retired at 11 o'clock last night and will resume consideration of the testimony at 9 o'clock this morning. The day was taken up yesterday with the arguments of opposed counsel and with the court's instructions to the jury, the case going to the jury at 7:30 o'clock after a. recess for dinner. The state's argument was made by Baldwin Robertson, assistant district attorney, at-torney, who prosecuted the case. The opening argument for the defense was made by Attorney J. R. Haas. It embraced a summary of the evidence pointing to substantiation of the theory of the defense that the defendant was suffering suf-fering from acute mania at the time of the killing. Counsel pointed out that the evidence had established that the. defendant de-fendant had long suffered from a serious disease, and argued that his mind could not stand the strain of disappointment when told by the physician that nothing more could be done for him under the circumstances. Attorney E. A. Rogers made the closing argument for the defense, an impassioned plea for acquittal of the defendant on the claim that he was not in his right mind when he fired the fatal shots after his hopes of cure had been dashed by the words of the physician. Assistant District Attorney Robertson declared in rebuttal that, .had he believed the defendant insane at the time of the shooting, it would have been his duty not to have prosecuted the case. He pointed out to the jury that a plea of insantv was the only one left to the defendant in the circumslances.