Show M ak m n ELLIUT W M we m gil UIL i ay I 1 I 1 TV GETS LIFE teriann TER f the fate of R H elliott was submitted to the jury at 4 th flus s evening at 8 45 the jury reported that it had reach ed a verdict judge woolley reopened court and the verdict of t the jury was read it found elliott guilty of murder in the first degree with a recommendation that he be given life imprisonment the jury was excused and the court set saturday at 10 as the time for pronouncing sentence on elliott it is reported that the jury on the first ballot stood ten for the infliction of death penalty and arid two for life imprisonment at tour four 0 clock saturday evening the selection of a jury v was completed for the trial of robert H elliott charged with murder in the first degree tor for the alleged slaying of R D westwood aged marshal of moab and k deputy sheriff of grand county in a jail break at moab on the evening of sept 5 twelve men were accepted to sit in the case and a thirteenth or alternate juror was also chosen to serve in the event of the illness or death of one of the regular jurors the abe jury as accepted by both sides Is con aneed of the fol following losing citizens of the county D B shaner road worker elgin ivan hawks truck track driver moab R J thomson jr garai garage employee A moab IL H U turner tamer trapper moab P G steams stearns farmer cisco john A johnston cisco A T wilkinson stockman castleton IF A hammond ammond II moab gay C brown farmer moab W IL capansky arage garage g owner cisco howard Has hastings tanner farmer elgin david M ns farmer moab the alternate juror Is mennel stewart tool dresser moab I 1 the acceptance of the jury came after the defense had exercised all of italo peremptory challenges the state used seven of its 10 challenges I 1 the regular venire of 50 jurors a special venire of seven and an open venire ventre of 25 jurors were drawn before a jury acceptable to both sides was finally selected A considerable number of citizens whose names were drawn could not be served and altogether 64 jurors of the 82 drawn were called to the jury box for examination during the Im paneling of the jury and after the jury was finally sworn swam senator knox patterson of moab and B 33 W dalton of price attorneys for the defense interposed numerous objections to the procedure in drawing and summoning the various venires kenires of jurors considerable time being consumed in arguments by defense counsel and rebuttal arguments by district attorney P W keller of monticello I 1 and C A robertson of moab counsel tor for the state judge dilworth Vo woolley olley who Is presiding at the trial of the case in every instance overruled and denied the motions and objections of the defense and the jury was finally sworn and the decks cleared for the trial of the case at four 0 clock saturday evening at that time an adjournment was ordered until 10 0 clock monday morning the selection of a jury required tour four and one half days the questioning of jurors commenced at 2 0 clock monday afternoon and continued throughout the week until late saturday afternoon with the exception of a recess during the thanksgiving holiday keller reller makes opening statement at the convening of court monday district attorney keller made his opening statement to the jury outlining the evidence he be proposed to introduce and by which he intended to prove that elliott was guilty of the murder of the aged officer and should forfeit his life in expiation of that crime the defendant elliott and his defendant codefendant co delbert webster pfoutz the district attorney said were arrested at moab on the morning of sept 5 charged with robbing the road camp of bert hector near valley city although they were searched before being placed in jail they managed to conceal a revolver that evening the district attorney recounted marshal westwood went to the jail and while waiting for the prisoners one to finish eating their supper elliott opened fire on him shooting the officer three times and khung killing him almost instantly they then escaped from the jail but were captured by sheriff sheriffs s posses within 48 hours claron bailey 13 year old boy was the states first witness he said he was seated in a window of the county library overlooking the jail when be he saw marshal westwood going into the jail with two paper bags bap to in Ms his hands he heard voices from within the jail and then three shots he ire heard a ft voice ai 1 I got him and get bis lift gun he ile saw two men run out of the jail and disappear in opposite directions westwood shot three timea tom trout who helped prepa prepare West westwood woods s body for burial testified to three gunshot wounds in the boffl cert cees body as did also dr L W alien allen who made a post mortem examination 4 of the body dr alien allen described the wounds two of which in bla his opinion were fatal one bullet wound he said penetrated the left arm above the elbow and entered the body between the fourth and fifth ribs the ball remaining in the body another ball entered the body on the left side and emerged in the back to the left of the spine and the third ball entered the middle of the left shoulder blade and ranged downward about five inches emerging near the left arm pit dale shafer a special deputy employed to help guard elliott and pfoutz told of statements made by the defendant to the district attorney and other officers after be he was warned ecil that such statements could be used against him over constant objections by defense counsel shafer testified that elliott admitted shooting westwood the witness said that elliott informed the officers be he and pfoutz had eaten their supper hurriedly as they expected something was coming oft off when the officer returned to the jail elliott got his gun from a bed where it had been concealed and started to hold up the officer the defendant said that westwood made a move to his hip and elliott shot asked by the district attorney if he shot in self defense the winess testified that elliott replied no he committed suicide sheriff principal witness sheriff J B D was probably the principal witness called by the state being on the stand altogether about five hours he related the arrest of elliott and pfoutz and told of the search for a gun made by him and westwood of the prisoners and of being unable to find a gun the sheriff told of the hunt tor for the prisoners after they escaped and of the statements the defendant made after his capture elliott had told the sheriff he lost his gun the night of his escape and mr told of finding the weapon where the defendant said sold he lost it the gun with several everal empty shells found in the jail and some cartridges remaining in the gun were introduced in evidence as was a ball taken from weswood Wes woods s body sheriff also related el liott s remarks made in the presence of the and county attorneys himself and dale shafer at a conference in the sheriff sheriffs s office sheriff was on the stand several hours monday and all of tuesday forenoon he was subjected to a gru gruenling elling cross examination by defense counsel which failed to shake his es john L shafer testified that he brought elliott the sheriff and several to moab after the prisoners capture he testified that eiliott declared he killed westwood and was man enough to take his medicine adding that he was glad they gave murderers their choice between hanging and shooting in utah albert beach a truck driver who assisted in the capture of elliott told of statements made by the defendant when he was picked up on the road 15 miles south of moab in their cross examination of sheriff defense counsel brought out that culott and pfoutz were being held without a a warrant and that some 20 in money was taken from them without a receipt wl which ach the sheriff testified was sent back to colorado where the defendants admitted they bad had stolen it neck he tie party mentioned john L shafer was recalled to the stand and said that while bringing elliott back to moab following his capture he shafer suggested that a necktie neck tie party might be waiting for elliott at moab elliott the witness said replied that it anything was done to him he hoped they would stand him up against a wall and shoot him kenneth beach and jack pletcher high school boys testified tuesday that they had heard three shots coming from the direction of the jail on the evening of sept 5 and they saw two men run from the jail yard 0 L johnson ot of roosevelt a car i license inspector testified that be he was with marshal westwood most of the time on the day the officer was killed and that he visited the jail with westwood twice during the day and saw the prisoners there alfred R gram of grand junction of mesa county cdo colo testified that he talked with sheriff over the phone soon after the arrest of culott ott and pfoutz and that the articles found in the defendants car checked with articles taken from two service stations near grand junction which were robbed the night preceding the homicide he ile said he was en route to moab with a warrant for the prisoners arrest when west wood was killed he said that he took back to colorado the money and articles taken from the defendants who admitted to him that they had stolen them from the service stations station elliott wanted to hold court 0 V L johnson of salt lake an employee of the TT S biological survey gave important testimony for the state johnson was the man en route by auto to monticello who passed elliott in the road 15 miles south of moab two days after the slaying of westwood he said he slowed down his car and that elliott hailed him convinced that the man was the fugitive being hunted for johnson speeded up his car and soon met albert beach in a truck they returned to where the man had been seen and with the aid of two captured him johnson said he searched el hott and talked with him he stated that elliott said it if I 1 had my gun n we would hold court right here asked why he shot the old officer elliott replied 1 I mean to kill him I 1 t know he was defenseless johnson testified that he said to elliott its a good thing I pick you up and that tha prisoner replied yes G d you it would nave been just too bad tor for you johnson salt sal 1 he took a butcher knife from elliott this was identified and placed in evidence helen folster 11 year old girl testified that she heard the shots in the county jail and met a man with a gun in his hand running along the street north of the jail soon afterwards len woodruff deputy sheriff said he helped remove marshal west woods wood s body from the jail after his death and that he saw a sheriffs sheriff S star on the officers breast bert hector testified that his road camp north of moab had been robbed and that he followed elliott and pfoutz to moab and had them arrested tor for the theft C 8 thomson county attorney over the protest of the defense was called to LI ibe lie e stand and related the details of the conversation ith LI llott liott in the sheriffs office at which he the district attorney the sheriff and dale shafer were present el clotts story as related by mr IV thomson was briefly as follows elliott picked two automatic revolvers from a punch board at minturn colo soon after he and pfoutz came together at pueblo that at glenwood springs they stole a chevrolet roadster which they drove to moab that elliott bad had one on e of the guns concealed under his belt when arrested at moab that after atter being placed in jail they hid the gun in the ashes of the stove later putting it in a bed that they planned to stick up I 1 westwood but elliott shot him when he thought the officer was reaching for a gun that he h elliott El llott said it was not a 26 case of self defense but of suicide at the conclusion of mr Thom sons testimony defense counsel asked that it be stricken on the ground that the county attorney had a bother b other on tha the jury and that the defense did not know the county attorney would testify when juror thomson was accepted this motion was overruled as was a motion that juror thomson be excused and the alternate juror be substituted in his place tuesdays hearing was featured by frequent clashes between opposing counsel and the court was obliged to rem v em counsel on seven r labons laons sw that they would have to observe proper order and decorum state bests rests case when court convened wednesday morning sheriff was recalled at the request of the defense tor for brief questioning he state that marshal westwood bad had a gun on his person during the afternoon preceding the homicide but that after the slaying the sheriff found this gun in his office indicating that westwood was not armed when killed IL 8 rutledge president of the town board testified bestif led that he reached the jail ja 11 shortly after the killing and helped move mr westwoods West woods body to the sheriffs office he lie helped remove tho the marshals clothes and there was no gun on his body he further testified that mr westwood was in poor physical condition and was a very continued on last lt page FOUND wi continued from first page sick man at the time he was shot at eleven 0 clock wednesday the court rested ats case and defense counsel asked for a recess until 3 0 clock to prepare several motions the request was granted and when court reconvened senator patterson moved that certain portions of states testimony particularly that relating to the alleged robberies the defendants committed in colorado be stricken the motion was denied mr patterson then made the opening statement for the defense he gave an account of past life stressing the plea that the defendant had had no home life and had knocked about the country since a young boy the attorneys statement which he said would be borne out by testimony was substantially as follows that pfoutz the defendant codefendant co alone had committed the robberies testified to by state witnesses and that culott had no part in them that the defendant met pfoutz at fault vale near grand junction and was invited to accompany pfoutz to texas and that prior to their arrival in moab culott had done no wrong that pfoutz smuggled the gun into the gun into the jail in a belt next to bis body later hiding it in a bed that marshal westwood came to the jail when the prisoners were eating supper and demanded of culott EU lott some money that culott refused to produce it and that the officer became abusive that culott lost his temper and reached in the bed for the gun when he saw the marshal reach towards his hip that he shot westwood and later found the officer was unarmed that after his arrest he decided to take the whole blame for the affair as he thought that any other explanation he could offer would be useless since he had shot a defenseless roan defense opens case the first witness for the defense was jack martan of who testified regarding a gasoline can which the defendants are alleged to have stolen nt a road camp on klondike ridge near where he was employed he said he saw the can severa tunes and it was alway outside the camp wagon he stated on cross examination that he saw two men take the can and one of the men was culott the defendant elleott was caged to the stand in his own defense at 4 0 clock wednesday and was still being examined when court adjourned he recounted his early history saying he lived at cedaredge Ceda redge colo about six years his testimony coincided with the opening statement of attorney patterson as to the shooting in the jail saying he shot westwood when the latter made a move to his hip after arguing with the defendant about money he told of his attempt to escape and of being captured the defendant codefendant co pfoutz was brought to the court room wednesday evening and eliott indicated on pfoutz s body the manner in which the latter had smuggled the gun into jail elliott was subjected to a merciless cross examination by district |