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Show I DECISION IN HOLDUP Hl County attorney Dadd Jensen went H to Salt Lake City today to confer with H !, Attorneys Powers nnd Marloneaux, H relativo to the fixing of a date for H , the receiving of the decision of Judge H J. D. Murphy in the Clorc-O'Hara pre- H Hminary hearing. j J There 1b a story clrculntcd that H should the police magistrate liberate H ( the prisoners thoy will bo re-arrested H J on new warrants, secured by detec- H ( tives, as they emerge from th county H jnil. According to this rumor, the H detective agency hatf cadence" against ' the two men which they did not produce pro-duce in the hearing hut ivhlch is held for presentation In the trial. Persons who believe In the guilt of tho Michigan men have voiced considerable con-siderable criticism against the detectives detec-tives handling tho case for not producing pro-ducing more evidence In support of tho Identification of the men. At tho time of the arrest there were stories told of the detectives on the case having hav-ing located some of the loot secured from the Overland llmltod, yet no evidence evi-dence of these stories being true was produced in the hearing. Lawyers Argued Saturday. Tfif immodiato Tate of Victor Clore and Bryan O'Hara, charged with the murder of Pullman Porter William Da-vIb Da-vIb during tho robbory of tho Overland limited on the night of January 2, now reBts with Judge J. D. Murphy, the arguments ar-guments for both the defense and the prosecution having been rando late Saturday afternoon. At the conclusion conclu-sion of the arguments the court took the case under advisement and will probably render a decision next Wednesday. Wed-nesday. The opening argument was made by Count' Attorney David Jenson, who stated that the state had fully established estab-lished a case against the defendants, and tho court could not afford to permit per-mit the men charged with so brutal a crime to go free in tho face of the evidence evi-dence of the trainmen who swore that they were positive Clore and O'Hara were guilty The attorney Inferred that tho testimony of these witnesses should bear greater weight with tho court because their veracity had never been brought into question, while tho state had shown many discrepancies in tho statements of Uic defending witnesses. The more lengthy arguments wero made by the defense, both Judge Pow-ors Pow-ors and" Attorney Marloneaux reviewing review-ing tho testimony in detail. Attorney Powers began tne defending argument and contended that an alibi had beon fully proven by the defense Speaking Speak-ing of tho witnesses from Bingham, he stated that In no important detail had they differed In their testimony, the seeming differences boing so small that they morcly tended to prove the truth and sincerity of tho witnesses. "These witnesses are not Identifying Identify-ing men whom they saw wearing masks," he said with great emphasis: "they aro not Identifying men whom they saw In a moment of great excitement, excite-ment, they aro not Identifying men by more glances. They aro identifying identify-ing men with whom they are well acquainted; ac-quainted; thcBO witnesses anew the men they identified for months, nnd on tho night of tho robbery they talked with them; one of them slept with the defendants. They cannot bo mistaken. mis-taken. They aro either telling tho truth or they are deliberately perjuring perjur-ing themselves before God and man. Tho wltnoHses of the prosecution saw the robbers wearing masks and they had nover seen them before It would bo an easy matter under such conditions condi-tions for the witnesses to be perfectly honest and yet mistaken. "The different accounts of tho masks that have been given by the prosecuting witnesses proves how easily it could be for them to be mistaken. mis-taken. One of the witnesses states that the men wore cream-colored masks, another that the masks were blue, another that they were dark and still another that they wore polka-dotted polka-dotted This shows that they have no clear recollection of tho facos of the robbers and that tholr Identification under such conditions could not bo positive. "This is the first timo In my experience experi-ence before the bar that I have put so much testimony Into a preliminary hearing, and I would not have done so in this case had I not fully believed in tho innocence of my clients. I would not have done so had I not been fully convinced that a great injustice in-justice has been done these defendants defend-ants by tho Plnkerton detectives and the sta'to of Utah." Attorney Marioneaux opened his argument ar-gument by stating that It had been told to him by attorneys of Ogden that the court sitting In judgment In the case would not venture to take the responsibility re-sponsibility of acquitting tho defendants, defend-ants, even though he felt cortaln In his mind that they were not guilty. The attornoy stated that he had been told that tho court in such cases was In the habit of taking such a course. Judge Murphy interrupted the speaker by stating that he had not1 heard such reports, and that such an action was not peculiar to him. Apologetically Apolo-getically the attorney stated that ho hoped tho leports were not true, and then tactfully shifted from his venturesome ven-turesome preface to his argument of the case on trial. He skilfully reviewed re-viewed the testimony, bringing out tho points overlooked by Attorney Powers. Pow-ers. He dwelt strongly upon the testimony testi-mony of Reed, who swore that he had slept with the defendants on the night of the robbery, and stated that surely this witness could not be mistaken. Not a single syllable of evidence had been produced by the state, he contended, con-tended, to disprove the testimony of Red, and not one word had beon said on tho witness stand against the char-actor char-actor of Reed. He pleaded with tho court not to write on th records of the stato that these men had been declared guilty of murder In a preliminary hearing as the subsequent establishment of their Innocence beforp the district court could not cntlroly eras such a blot from their characters, and that such an action by the court would cast a cloud over thoir cntlro lives. District Attorney E. T. Hulanlskl closed the argument for the state. He vowed that It would bo verv easv to "fix up" such an alibi as had been presented by the defense. He referred to the letter alleged to havo been written by Witness o Leary on the 2nd of January, and contended that there was no envelope to this Kttor, showing show-ing that it had been mailed Jn regular form by the witness; that It could not bo considered more than a piece of paper without the onvolope and the postmarks of tho town from which It was sent and the place at which It was received. "In this case could your honor conscientiously con-scientiously Instruct a jurv to bring in a verdict of not guilty?" he asked. Would not the court feel enough uncertainty un-certainty about It to let tho Jury bring in Its own vordlct of innocent or guilty? If you bind tho defendants over to tho district court you are doing do-ing no more than this. You are merely mere-ly leaving this caso to tho Jury." In summing up th caso tho judge stated that ho had never hesitated, to tako tho full responsibility of tho caso upon his own shoulders and act upon It to tho bes of his Judgment. "I 'Judge every case by Hb Individual merits nnd evidence, and any reports that havo gone out to tho contrary aro wrong," aBBertcd the court. "There has been something In tho evidence on both sides that does not commend itself to mo and I will not render a verdict In the caso at the present time." |