Show II NEPHI I MURDER 1 CL SUG Defendant Takes Oo llo to 10 Jury Joe Jur hl March Maceli 31 When court open opened ed td this morning hullo Peterson Jeter On wan IM again called to 10 tho thu stand for or further Ho lie told the tho story as na before noted that John pursued him with a chair that ho he repeatedly warned him to desist but Backman says nays IIO No you 01 B s Of oC a 1 b 1 Ill kill you and ami was arns In tho ho net act of sInk ing lag him when the defendant shot him Some Bomo rebuttal was wall then put on of various statements made by the de do fence after which both sides rested THE PROSECUTION At 2 the opening argument for tor the tite prosecution was IUS commenced by b County Atty AU Ed Pike He lie out lined hued the theory of the prosecution to 10 tobe tobe be that two shots were fired In the an anteroom anteroom that killed Eastman that thal then tho the two let lei loose of ot the gun and Peterson I went sent nt down the steps and Into Inlo the tho yard ard where he hl re to reloaded loaded the gun gUll and took 11 Il shot nt lit drunken John Dackman us he lie came de d Wl sen the steps the tho shot missing him onil nOli went well through the tho onuS end of the tho hall hail this beIng tho the shot eliot that the tho defend defendant ant In his testimony datum to 10 have been accidentally discharged lie aim alro comparisons of at the statements Uplifted too at the trial made mole In lii tho the lower court onti declared that the clinic chair theory theon had hn be n contrived since the time line of ot the tho preliminary examina examination lion Ion at nt and noli was ras UI unworthy of credit Ho lie characterized In sarcastic terms the reputing of ot the defendant for tal being n Il peaceful anti law In abiding citizen and cited the Instance that ap iii appeared In the testimony that the de tie defendant cl had hind gone Iono over oer to 10 his home early In the evening and nd brought over oer overa oera a it loaded to the tho dance dalce hall hull whore he ho loaned It to n a friend In his closing argument he hue wild said that the tho at ul attempt tempt of the thO defence to lay hay 10 tho the death of ot John J nackman at tho the door of St Marks hospital for or lack of surgical rare care anti and proper attention was on an a n par with the tho general line of at the defence That he lie was wn willing to weigh In It the balance the tho lie dying declaration of ot drunk drunken en John Backman as tin against the thio tee tea testimony of tho the defendant John Hack Hackman hackman man mon had the tho statement with the tho knowledge that death was nigh that In Inn Inn Ina n a few fet to hours his lute nouh joll would be 10 In the presence once of the hI great greal magistrate of ot nil cull Charlie Peterson had hod given shon his hue call testimony mony under no such circumstances anti and all that t a nian hath hatli that will be bo beRho give Rho for tor his hili life hifa He lie naked asked a Il verdict at tho the hands of ot the Jury Jur as R charged In Inthe tho the Information that of murder In the tho he first degree ONLY IN S IrENCE Atty tty N A Robinson followed with nn RII able ollie plea plen tot for the defence He lIe took exceptions to some of ot the that made by lIy lie tho prosecution J anti outlined 1 the tho evidence given Rhen by tho the defence cal calculated to Dhow that the lie defendant was lIa merely acting In ft anti was Willi perfectly Justified In ill his hili actions that t night At this thin It looks looka as though thOU h tho lie case cane would go to the tho Jury j ry tomorrow night |