Show I I OS O'S fAT i GUtS 10 JURi THI N NI I I II I Attorneys Present Present Arguments Arguments ments in Forceful Manner tan Man ner ne State Asking Conviction Conviction tion for First Degree I I PO r-O the jury and t the lC jury alone i was to bo be consigned late toI today to to- I day the fate of Arthur L. L Vil lard formerly principal of the m schools and slayer of Cecil Holmes and with them to their I chamber the jurors will take also the name of Mrs l Willard Villard whose honor has been attacked by her husband in inan inan an effort to justify himself The wife assailed was given no opportunity to defend herself herselt for though the state called her she was barred by the de defense defense de- de from taking the stand Thus the jury if it it clears the husband hus hus- band will by inference convict the wife ife if the husband is convicted the wife may claim vindication Isaac Blair Evans assistant district I attorney made the opening argument for tor the state today and he it was wasI I I who reminded the jury that when ItI it retires it will have in its keeping tho I I reputation of ot Mrs Willard Villard No r-o opportunity of a compromise was I seen by Mr Evans He cited to the jury the various recognized shades o I homicide homicide first and second degree murder and volunta voluntary and involuntary manslaughter as wen well as justifiable homicide homicide but but Willard Villard he contended has lias established no basis for clas classification fica fica- Hon tion of or the Holmes killing as anything other than premeditated murder with malice aforethought Mr Evans began the concrete portion portion por por- tion of ot his argument with an attack on the self der defense nse plea as advanced for Willard He painted a word picture picture pic pic- ture of Holmes as the aggressor CHARGE OF EVANS The first thing that happened on that fatal day the ay-the the first stage in the was calamity calamity was that Holmes was as sitting sit I ting quietly in the barber shop said saidI I Mr 11 Evans lt It never has been said by the lAw liw I that one man can mark out boundaries I on this earth for tor the activities o of anI an an- other I There is not one scintilla of ot evidence evi evi- dence to show any intent of Holmes to harm Willard Villard when he went to Bing- Bing I ham Ho He went th there rc to sell life lite Insurance ance as it was natural that he should going where he was known He was wasI I trying only to make malee his living I Holmes is in the barber shop The defendant comes down the street and turns in He tells you he noticed this boy as he looked in tile the window Now that's a small window The defendant says he was walking rapidly as as' as was his custom Holmes sat in the rear of the barber shop From the fact that Willard went In and as eoon as he got in blows were struck the inference is justified that he knew Holmes was there There Thre I were some words but a blow struck by Willard Villard is the first thing that amounts to anything tr Evans called attention to the evidence that It was Willard whom the peacemakers took out of the barber barbershop barbershop shop and searched for weapons Emphasis was laid on the testimony of Dennison tho barber arber at th the Dean shop where Willard was taken after the tho first fight antI and his words word as he left lert the barber chair Which v v I lid ild he go were quoted by Mr r. Evans to show tile the defendants defendant's frame of mind and his intent to kill Holmes HoImes He lIe called all d attention also to Dennison's Dennison's Denni- Denni sons son's testimony my that he saw Willard start up Carr Pork Fork toward Judge E. E E. E Dudley's Dudleys office f where tr state c tends he ot th revolver He pointed out that Willard's Willards statement to tho ef feet that he went first to the city building and got gt the weapon there was II absolutely uncorroborated CLAIMS PREMEDITATION j There is no heat of ot passion if there I h has s been an opportunity for rea reason on to assert itself said Mr l Evans EYan His contention was that after atter the fight Willard's Willards reason had had an opportunity to assert itself yet Itself yet his first thought when he left he barber chair in the Dean shop the prosecutor argued was Where did he go and his first move was to go in search of ot a I weapon I Touching on the second and fatal en encounter encounter en- en counter Mr l Evans scathing attacked I Ithe the testimony of Witnesses Wells Veils and Warden Varden who claimed to have seen Holmes reach with his right hand to toward toward to- to II ward his hip pocket He declared they i had nover seen what they claimed to toI have seen and if they had it did not I establish a defense plea for even I II Willard Villard did not claim to have seen such a move on the part of or Holmes I Mr Ir Evans attacked Willard's Willards attempt to use the defilement statute in his defense first reading Utah's written unwritten Itten law He held that under that statute there must be sudden sudden sud sud- den heat of pa passion slon and there be defilement He lIe contended neither had been shown I They have made this poor wife wite drink her cup to the bitter dregs said Mr Evans Evan if there is anything lertin left lert leftin in the world to tell where is It They have even brought little children to tell you their gossip But not once did the tho defendant come before you and sa say I 1 know it Once after another Mr Ir Evans cited the threads of gossip woven together by the defense into a fabric of scan scandal dal minimized their importance and asked the jur Would you blast a womans woman's good name for that r ATTACKS WILLARDS WILLARD'S STORY Atta Attacking the defendants defendant's own story j I of compromising c situations In which he claims to have found Mrs Willard Villard and Holmes Mr Evans cited Willard's Willards de denials denims de- de nials nims of ot the stories told by several witnesses wit nesses as ns to hi his making threats agaInst Holmes Holme Creditability of ot these wit witnesses nesses he contended was I If Willard did not tell tel th thI tho truth when h he denied those I Mr Evans wanted to know how ill could believe him at any time lie e extended the attack to the whole I I category of witnesses ss s's who sought to I hurt Mrs Irs Willard's Willards reputation saying No eye ea ever saw the thIn things s th they y I would have e you ou hell believe eve Yet the they would ask you to ruin forever this girl I I on that tl testimony j Going still further Mr lr Evans Eans ought to place the responsibility on Willard Villard I Ifor I for permitting Holmes to live in his home after arter according to his own story I I he he had seen flEn things which 11 led him to toj I j I believe there was something wrong rone- hEI be- be I him and Mrs Ir I Gentlemen of tho jury he I ed d It I is for fOI your y to IA say I j I er 1 this shall leave here with her herI head held high silencing the tongues of scandal or Ot whether r her name shall I be he a byword word and her memory one of ot infamy Willard Villard sat through the ordeal unaffected I t with the all air of ot the teacher hearing hear ing hg a a. class rather than with the look of ot a man hearing an argument a against I himself HI His interest set set-mcd academic rathe than personal Ills His aged mother moth moth- I I er SIlt sat beside him with her head bowed in her hands and her handkerchief raised to her eyes eys as the white signal of or grief Ills His wife was not In the tha thaI I courtroom I I The Theder der defense nt made lt It opening argument arlU- arlU ment this afternoon District Attorney Wilson McCarthy W wn I to 10 for Ih tho t The Ther was indication that the Instructions wold be given Ien to the j jury jur In time so EO that It may retiro to- to |