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Show Acquitted Slayer of E. L. Hanks May Be Examined Exam-ined By Medical Board Jury Were Unanimous Unani-mous for Acquittal and Only Polled One Vote Southworth Issues Statement That tho Jury which returned the verdict of "not guilty" In the murder case of Honry Southworth early yesterday yes-terday did not, once waver from thla decision, In a general sense, is the clnlm of one of tho Jurors. According Accord-ing to hla statements, the threo hours' deliberation was eolely for the purpose pur-pose of determining whether or not it should be qualified as regards "Jus-tlttablo "Jus-tlttablo homicide" "or not guilty by reason of Insanity." But ono ballot was taken. By this ballot tho jury evidenced a unanimous desire to give the slayer of B. L. Hanks a clean release, and the vordlct which va3 read to tho hundred people In tho court room at 2:55 o'clock eent Southworth from the room a free man with nothing savo tho prospect of a sanity Investigation to mar his happiness. hap-piness. It was claimed at ono time this morning that there had been ono ballot previous to tho ono which brought a unanimous verdict, and that It had resulted seven for acquittal, three for acquittal by reason of Insanity In-sanity nnd two blanks, but this report was denied bv the Juror. It was the belief of Judge N. J Harris Har-ris that an early decision would be reached, and this opinion Influenced him In announcing a recess when tho jury was given the final Instructions at 11:45 o'clock, nnd loft the court room. Fully one hundred persons remained re-mained in the court room and among these were many members of the jurors' ju-rors' families. Judge Harris, attorneys attor-neys for the defense and court attaches at-taches remained at the court house in order to be on hand when tho Jury was ready to announce its finding There was a delay of ton minutes after the jury returned to the court room and before the verdict was known. During this time the court awaited the arrival of District Attorney Attor-ney B. T. Hulnnlskl, who bad gone to his home at midnight, evidently not expecting a verdict before a late hour in tho forenoon. Tt was a trying ordeal or-deal for Southworth, this ten minutes of nnxletv, and doubtless the minutes passed slowly Bailiff Fllsworth had announced at 2 o'clock that the Jury would be readv with Its verdict In a few minutes. At 2-45 the jurymen returned re-turned to the court room and ten minutes min-utes later tho district attorney arrived. ar-rived. As the clerk rea-I the prcllminarv words of the verdict Southworth leaned forward in his chair, both hands grasping the arms Hl attitude was thoroughly that of a man aware of the sltmiflrance of the words which were soon to be uttered bv the rlork. The att'tpdo of tho liirvmen during the ten minutes' wait h"d been encouraging en-couraging to him. and his eves searched hn face or ovenr juror our- ing the brief period while all wnltel for the verdict. Southworth was reasonably rea-sonably certnln of hh life, yet there lingered that romjblllty of A tejm behind Prison bars or that which might mean even wortir tho verdict -not gnilty bv reason of. Insanity." As the words "not cullty" were heard the man wai almost drarged from his chair bv halt n dozen friends I who were sentei Inside thp railing. I At the same time the spectators out-' out-' side the railing jumped to their feet and some oven climbed upon the benches. The outburst of chers drowned the voice of the clork. The scene was ono of confusion beyond the small space occupied by the tables and the shouts of many voices added to tho general uproar No greitor dpmonstratlon haB ever marked the renderinc of a verdict in any cour of this cltv. For a time the ranpings of Ba'uiY Ellsworth's gavel were completely Ignored. Ig-nored. TVhen quiet was finally restored re-stored the voco of .Turtgo Harris could be heard In denuncintlon of those who had allowed their onthuslasm to override over-ride their better judgment "I am surprised sur-prised that you people who hare bo often heard tho reprimands of this court during the progress of this trial should so far forget yourselves at thU time and regard this matter In such a trivial mnnnor," was tho severe statement state-ment of the judge. No poll of the jury was taken It was moved by tho district attorney that Southworth be held by "the sheriff pending an examination by a board of medical examiners as to his sanltj Attorneys for the defenso stated that such an order could not be entered on Sunday or legal holiday, and Judge. Harris after somo argument on both sidos. 'ruled that he would not ontor tho order at this tlmo and commanded 'the release of Southworth from custody. cus-tody. Attorney Hulaniskl stated tuat he would tako the necessary action to bring abont tho examination this week. When tho court finally adjourned the scene In the court room again became be-came one of confusion, and South-worth South-worth waa the center of a noisy, handshaking hand-shaking throng of people. Mrs. Ella t Southworth, the sister-in-law who haB been at his side almost constantly throughout the trial, was one of the first to grasp his hand. Southworth leaned forward for an Instant as If to kiss her, but did not do so. After a half-Bcoro of his friends had greeted him, Southworth was led to the other sldo of the room by his attorneys and shook hands with each of the Jurymen, Jury-men, thanking them personally for their vcrdlcL "I onlv v-- V t --' press my thanks to all the friends in 1 Ogden and el ewnerc .. n Elsted me In this trouble," said South-worth South-worth to a reporter shortly after ho had heard the verdict I have been confident right along that It would come out Ilk this, but of course I feci a lot hotter now thnt I have heard the verdict I scarculv expected expect-ed a decision tonight nnd had gone to bed downstairs This will be a mighty happy Christmas for me" The wife of tho accused man and her mother, Mrs. Lund, were In the court room during the entire evening session, but left the building shortly after the case went to the Jury at 11 45 They did not return and therefore there-fore were not present when the verdict ver-dict was read. It was almost an hour after the adjournment ad-journment of court that Southworth and his friends left the county building. build-ing. Remaining at a local hotel until S o'clock In the morning, they boarded an electric car for Farmlngton, where tho freed slaver of the band manager will spend Christmas with his family nnd friends Saturday's Proceedlngo. Sovcral hunderd persons, alrao3t one-half of which were women, were present during the closing hours of thp sensational case, which has occupied occu-pied the attention of the district court for the past three weeks and represents repre-sents to the state of TTtah a cost of fullv $1,500 The lateness of the hour when the final Instructions of the court were given to the jurvmen did not In the least detract from the curiosity curi-osity of the throng of people Even' seat in that portion of the court room set apart for spectators was occupied when the evening seFslon opened. As the hours passed the crowd Increased In-creased in numbers until all available standing room space was occupied. and otherB who sought entrance were forced to content themselves with a place In the corridor near enough to the door to hrar the words of the attorneys at-torneys Very- few persons left the court room during the entire evening session and not a few remained when It waB announced that court would re-moln re-moln in session In the hone of receiving receiv-ing a verdict before morning. Mrs. Southworth Present. Five rows from the front in the center cen-ter section of benches provided for the spectators wero seated Mrs Myra Southworth, wife of the accused man. and her mother. Mrs laind This Is but the second time that Mrs South-worth South-worth has been in the court room since tho trial of her husband on tho charge of mnrder began She was present on one of the days spent In 1 securing a Jurv. Throughout tho evening even-ing session both women gave tho closest attention to the arguments of the attorners and the Instructions of tho court, but neither drsnlavcd the slightest indications of emotion Tho accused wife, whose name has often been mentioned In a derogatory manner man-ner during the progress of tho caso. remained unmoved when District Attorney At-torney E T. Hulaniskl dramatically declared that In assuming the innocence inno-cence of Henry Southworth until ho had been proven guilty, so should the Innocence of the wife and the dead Hanks be assumed until they, too, wero proven gnlltv . . Accused Slta Alone. With the exception of tno briof po-riod po-riod during the recess, Henry South-worth South-worth sat alone at the end of the tablo reserved for the attorneys and faced the Jury. His attltudo was that of a man thoroughly dejected In mind and spirit. His face was visibly drawn nnd haggard, while dark rings undor tho eyes and extending far dowu Into the cheeks Indicated sloopless nights and worry. His eyes followed every movement of Attornoy Hulaniskl is tho latter moved about In front of the Jury box during his closing argument, but there was no Indication of an Impending Im-pending breakdown Immediately behind be-hind Southworth sat Mrs. Ella South-worth, South-worth, the sister-in-law whose name has bcon linked none too favorably with tho accused man Sho paid vcrv little attention to tho proceedings that marked tho final hours of tho trial In :ilcn she has shown so much Inter-" est Southworth remained seated, but his eyes followed the Jurymen as they Jlled out of the room. Throughout the closing hours" of tho trial he haB remained re-mained confident of acquittal, and thla confidence did not waer even after tho Jury had departed to begin lis final deliberations. Mrs. Myra South-worth South-worth and her mother left the court room Immediately after tho recess was announced and left the building a half-hour later. Hulaniskl Closes for State. Attorney George Halverson, for the defense began bis elosin': argument before the adjournment of court Saturday Sat-urday afternoon and aleo consumed the first hour of the evening session. He covered the evidence quite carefully, care-fully, but Introduced fow points other than thoso which bad been presented by Attornoy Alexander in the forenoon fore-noon After a brief recess, during which time Judge Harris completed his Instructions, In-structions, District Attorney E, T. Hulaniskl Hu-laniskl began the closing argument to tho Jury In reviewing tho evidence he read extracts from the petition for dlvorco anl also portions of the letters written by Mrs. Ella Southworth to Henry Southworth and .his. wlfo. Ho arraigned tho defense in no complimentary compli-mentary terms for showing no consideration consid-eration for any woman In tho case except tho sister-in-law. He cited especially the alleged abuse which had been heaped upon Mrs. Lund, the aged mother of Mrs Myra Southworth. In his reference to the defendant tho attorney used the term "maudlin drunk," doclaring that during the periods pe-riods lmtween actual drunks the defendant's de-fendant's mind was befuddled by the effects of the liquor he had consumed. Southworth was aBSallod by the attorney attor-ney as a coward and lacking In manhood man-hood for his failure to tell the detainers de-tainers of his wife's character that they were liars and for falling to demand de-mand proof of their stories concerning concern-ing her alleged Improner relations with other men. "He did not say, 'Prove It on ray wife or I'll choke the He down your throat,' hut he was ready and willing to bellevo tho stories which were told to him by every Jealous tongue In the village," said the attorney. Deceased Hod Committed No Crime. The district attorney told the jury that In their correct assumption of the Innocence of Southworth until he was proven gulltv they also had the right to assume the lnnonccnce of "Ned" Honks and Myra Southworth. as they had not been proven guilty of tho improper acts charged to them He said Hanks had come to Utah and had committed no crime, yet he had been slain In cold blood, therefore It devolved upon the jury to protect Utah from the stain of the charge that n man could come within Its borders bor-ders and be foully murdered without his a?6assln being brought to justice for his act "If you authorize a mnn to commit murder none of you will know when your son or your brother may be brought home In an undertaker's under-taker's basket, murdered, shot down In cold blood for some real or fancied grievance," declared the nttornev A reference, to the testimony which might have been offered bv Hanks was objected bv thn attorneys for the defense and the nbjpcflon was sustained sus-tained by the courL Judcc Harris afterwards af-terwards instructing the Jury to take no romlr.ancc of the attorney's statement state-ment on thl; point In c'oslng Attorney Attor-ney HnlanlskJ said that ho had dono Wb duty bv the state and demanded The Seven Verd'cts. It was almost 11 o'clock when Judge Harris began reading his Instructions to tho Jury.'The instructions covered many typewritten pages and dwelt entirely on the grounds embracing tho verdicts which mav be returned by the jury In hh Instructions seven verdlctB wero outlined as follows: Murder In the first docree. Murder In tho second degree. Manslaughter, voluntary and Involuntary In-voluntary JnBtIflable"homIdde No guilty by reason of Insanity. Not guilty After retiring to the Jurv room tho lury asked permission to eliminate tho Involuntary manslaughter verdict from their consideration, and their request re-quest was granted hr the court on |