Show sheriffs assailant given long term verni in ht state prison frink smith was found guilty of assault with latent intent to commit murder by a jury jary in the seventh judicial judi clil district court at price saturday and will serve serie from fie year to lifa in the state penitentiary as punch ment for his part in the assault on sheriff 8 M bliss and deputy A X E aboon in an attempted jail delivery november Novem 2 the crime for which he was on trial was reconstructed by witnesses mho ho testified in the three da trial and the brutality and old cold blooded clars 1 for the assault were mere recounted j in an impassioned plea by district attorney fred seller keller on the final day the prosecution held that the plot to free john gargulo from the coun tv jail as premeditated as was the hooting shooting of tha sheriff es Ps introduced by the state were bliss decaty gibson dr charles Kug geri dr J C hubbard lubbard mrs mae bins bliss will am lines and mrs nits lyie lyle lamph attorney C A robertson a counsel appointed by the court for smith based his defense on the fact that smith la is addicted to the use of moral moraine ine and suffering from the lacic lack of it was not in full possession of in his f curties the defense held that smith had hall no recollection of shoo shooting tinZ the sheriff and was under the int influence luence ol 01 liquor and mari duara admission was freely made that smith participated in the as tault and arid shot the sheriff but bit defense counsel attempted to prove 0 yiu vM biot far jar bf his ing bin ilia with assault with a deadly weapon ar a simple assault might be abt obtained a cited the defendant wai wat the only witness called by the defense according to tho the testimony of deputy gibson bliss wae was asleep in his apartment which adjoins the sheriffs office while he gibson was also asleep in another room smith and diamenti dia meiti titi entered the lie room and threw a blanket over the head of gibson gibson called for hip ind di cimenti said if you keep still I 1 nou mon t kill you I 1 accord ins to the testimony gibson re from ailing alling but diamenti Diamen tl nied d to beat him about the held with a re reaoler rev oher gibson testified bliss hearl the commotion in the sheriffs office and entered the door to lie ile was mas by smith iv who ho held a sawed off shot shotgun gulL Xe cording to the sheriffs she riffa testimony amith said agne us tie kes to the jail and be quick quiel about it and no stalling 11 1 lien bliss ud he did not know where the kels ke s were smith fired bliss said on the stand that he beli eed the shot would have killed lum him if he had bad nut tut thrown his ban hani I 1 his heart after the shot was fired smith and diamenti hesitated momentarily then fled according to the dr baggen raggen and dr cubbard II testified As to the extent of the wound as its did mrs lampki who mho ii Is a nurse at th the loal 1021 hospital attorney keller rested tested continued on page 4 1 sheriff assailant given long term in state prison continued from page one his ilk case abruptly after tle the recess friday after briefly potion ing deputy gibson smith was called to the etana in hia his own behalf friday af afternoon and testified that be hid no inti anti n tion of killing the sheriff in n MB lite setimo testimony ay iy smith that about a month prior to the hooting shooting he together with john gargula and sam canal had been boen arrested and charged with robbery in connection with the slugging slogging and ribbing of manusos maropis at efel 1 per lie ile was freed at the fl bearing earing bat but gargulo and canal me here bound oer to tho the district court appealing Ap to the sympathy Bym sym pithy of the jury benith that he lie was a drop drug addict binl na upon entering the jul lio ito bad had i ha li rod ermle orrin ge end a ij ol of morph ne 11 lien he lie wis released sed he be testified bo he neg lecel t b take tole the contraband contra bund outfit with him failure to stimulate liis his cricri on with the drug made mile im brou and anil excited on the day of tho the shooting lie said ft a d to relieve this situation he lie drank i t quart of whisky and smoked marijuana cigarettes he ile together with diamenti start ci d for silt S lake on the night of tic shooting but bat craving for the drug boreel film to return to make an all attempt to yet retrieve rieNo it lie told tic jury in direct from the lie time he returned trim castle gate where he wis when te he decided to get the tile morphine until ho he heard ti tie e report of the gun in his hands and ard saw the sheriff standing stan dug wound cd ed in the doorway he had ina no grecol lealon of events he be maintained ile could not tell fell where he got the gur nor how he arrived at the olae sheriffs riff Is office ho he averred that ho ito coall wil I 1 not recall pulling the trigger of the gun but its it report tenda to sober lura him for a moment ile aid ho lie fled from front the sheriffs office but loft liter tank into a drunken stupor from lie did not emerge until late the next evening ile admitted in Di district attorney kellers cross examination that be lie stole the car in salt lake and had seen the gun and examined it at the dian dion onti home in helper eglit william lines of price described dese ribeil the ii rait of tho tile to crien wl pre they were finly fin ly ci ia divid robs ere taken from the f 0 cir and acre cre I 1 rou flit into court b the prose cution for the purpose of probing in tent to mardar bv sh choming otting that smith and rid diamenti were prepared for 5 trouble or resist resistance anee beim a cross exam ned the defendant Ws conf uil d in many elices ind was unable to answer questions lie was 1171 unable able he be clam clain cd ed to remember miny or the im facts of the cisa ciso c iso bet but skillful ful erosa cross examination trip ired linn inin on several occasions county attorney nalter alter 0 geaw I 1 who assisted keller in the i lion tion ani the opening argument to the jury he ile askea the it 41 ry to look at the empty sleeve winch dangled from bliss coat and in view of the preparation made b bv the defend ant asker them it if believed that the slotting ting ing was rag nn an accident angea asp it the demeanor of the def nent in the court room de do daring claring t hat at he lie looked union the TV hole affair as a practical jo joc ke defense counsel robertson at tempted to dis disprove proNe the testimony bi td deputy gibson declaring that a man in a battered and rind bleeding condition as gibion gibon was toula be unable in a fleeting glance to de termine whether a man waa was 0 bunk unk or under the influence af f narcotics lie ile attempted to refute the of intent bv iv callog tl alo 0 jurors I 1 at 0 o the fact that the pin gun willi with arbith bliss was shot contained two cartridges cirt ridges while but one wig via used in closing he warned tie the jury against being swayed by public ion and mob rule district attorney keller recon tei lie 11 crime in his argument told tho the jurors how it was planned and out denounced smith as nn an unfeeling unemotional cold blooded crimi criminal nil il of ro to morse and not the victim ol 01 an un forste fortu tite h bit he ile scoffed at the ill of smith not it 1111 having control trl of lis las faculties facilities and drove lome home bis his poul point hv fir telling the jury of die te cool movements of the rim crim inal trial itie jury A bg a out about 45 4 minutes before TetTI returning TRIng the verdict th they v recommended a sentence of not less that 0 beir but the tion i rad aeo disregarded since the state law provides a a sentence of from f civo live year years to hie lite and the length of the term acsa eva a with the state pardon board no jury wai was composed of the tile fol mowing lowilla jiro athley ll artlett P J 1 thomis 1 U 1 E morecy george monji 11 1 l J growa aff J E bal d win voye thicker and A P dimick |