Show THE JIMS ARGUMENTS and a long and careful trial is ended JURY TO BE CHARGED TODAY the friends of whetstone declare that the evidence fully shows him in ot of crime the tile arguments in ill the whetstone cato cat o were today concluded and tile chairge will be delivered to tile jury ury tins this morning MR EVS EVANS SPEAKS tile court was crowded when attorney evans started his closing argument for the defense ho ile said ill brief I 1 will a agree ce with mr lr maewill m that the ca eves es gr of the tile people of the territory of NI itah ll 11 an art turned upon you ou they ox ie pct act t of you ou equal rights and justice the file reputation of henry whetstone was not questioned by the witnesses who appeared on the tile stand while 11 mcclelian Mc LelIan was a bad vindictive indic tie man mail yet the prosecution pro elution will hive have you write ill upon th alie e tombstone of whetstone here lies ies henry whetstone tile murderer of J B mcclelian Mc Nl LelIan they thi will w ill have you g guilty milty of a judicial murder in in deciding this case city tell us that mcclelian Mc LelIan never nev er made any threats at atall all why in the vine wine room roon of the saloon on the night I 1 t of the affair 31 Mc LelIan cLellan said that lie had it in for several and he lie was going to get even cv en with w ith thein and W whetstone liets tono iliou thought lit he lie directed ins his remarks to him another point int I 1 wish to bring out I 1 mr ir macmillan ia aan said why whetstone fco go homo ionic after tins this difficulty and tins this disaster would have been averted why should W whetstone go home lie ile have a it perfect right to stav stay there but would it not have ha e been proper for mclellan to have gone home 31 mcclelian Mc LelIan was tile only party that caused all the trouble IN whetstone lieta lad done nothing and there is 13 no reason why lie should retire from front alio beccne of a conflict perfectly innocent of dome anyone harm just before tho fatal shot was fired why did mclellan speak to stetson in i a low tone of voice and say to him that he lie wanted him hini to stay there as is lie expected trouble there was a meaning in all tins this a feeling of hatred and of malice they say to you ou why glenry wilet whetstone hao have mcclelian Mc LelIan put under bonds to keep alie peace aft after erthe the con frictions in the wine room do you ou I 1 suppose thatis eliat it would liae have been a very pleasant duty for tho the defendant to call cill upon a magistrate to put him under bonds when he lie had this deep feeling of hatred against him do vou ou think for A moment thit that with t tins his intense hatred and spite toward whetstone by mclellan that that this would have tamed him down to keep keel tho the peace thero there is is I 1 no arm strong enough to haze have I kept elt mc bellans Lo Lel lans murderous hinds hands in in chock lie would have undoubtedly been angered to such a pitch lie would have afterwards murdered whetstone tetone another thing that mr Macmil Lm brought out was why whetstone go homo home when he lie got hii his coat and aud ov overshoes era hoes when stetson and keck asked him to do so tile reasons for this are plain in the tile f first place stetson was not a friend of whetstone whetstone would and did talk but little to him lie ile wanted to know of mr keek keck why lie should go hom honour ewhen hen he lie had done nothing he ile has was in a public place I 1 think that you ou or I 1 or a any of us it if ve we were in a pu public alic housse bouse an and nj were asked ito to gu go home when w hen wo we were conducting ourselves ourselves properly w wo 0 w would question of any pirty party p to order us out my brother for the ibe prose prosecution cuti on aa say YA that tins this man haa has the brand of came caine upon ins his fore forehead licad we hive have tile right to slay the tile assailant laut when it is is forced upon ua us as it was in the cafeo cabo of henry whetstone I 1 know the impulse of your hearts tile Vi oi 01 your minds and 1 I know you will not say that lie lias has the tile brand of came caine upon ins tits forehead all tile w witnesses on the stan stand told of threats made against the defendant and some efthem related double and treble threats making in m all about he five throats threats made against whetstone look at mcclelian Mc LelIan when lie aa in thoo dico of smith A smith lie became angered over matters concerning the morns case and said 1 I will bill kill that if I 1 go to hell liell alie next minute if lie bits bats his ills eye c 0 I 1 will w ill kill him we und find him after he lie hid had retired from the marshals office applying appl ing for a in in order that lie might be permitted to ca carry aryh a gun gull handmade and made jus ills throaty threats that lie would fix whetstone when lie could carry a gun IN lien court convened at 2 the court room was crowded to suffocation many ladies being as on tho former occasions at 2 15 mr livens evans resumed his argument w which aich was interrupted by the noon recess ho ile eaid said the prosecution saw fit to bring brim two detectives of colorado for tile purpose of impeaching the tile evidence of witness winslow in my opinion their testimony went to prove the tile truth and veracity of the w witness tho gentleman then briefly reviewed tile evidence given by the tile two denver olli cers and endeavored to allow the many alleged disc discrepancies in their evi evidence ho ile referred ferrod re to the gratuitous evidence offered by one of tile detectives as to winslows Win slows business in in denver deliver boing that of a thief thie and fand a hold epand then asked winslow wag was such a thief those denver detectives did not bring viall them some sonic official record of wins wills lows crimes and misdemeanors such a record would hive have been admissible as evidence to affect tile credibility y of Win glowa evidence mr evans then referred to tho the fact that the prosecution did lid not produce ding dying statement and earnestly asked why such a strange proceeding had taken place waa was the prosecution ros elution afraid that alvin daving words would destroy their case the prosecution surely did lid not withold it on the grounds of generosity for the assiduity with which they sought out evidence evidence 4 from dif different feren and distant points 1111 is certainly disproved that idea why wi as it winheld wit held there can call bo be no reason assigned except possibly that the dying statement contained stat state menta merits winch which would damage the cause of tho prosecution such at least is the only plausible explanation of this arrange proceeding on the tile part of tile prosecution mr evans Uvan laid particular faress upon this very ery strange omission omi gion n not producing McLe Ilana dying L statement and then called especial attention to whetstones Whet stones testimony winch lie characterized as truthful une cal and solid aa as a rock which cou could d not bo be shaken even by the most skillful skill tul and bevere cros examination whetstones Whet stones character had never been attacked and liis his evidence carried conviction as being the words of a truthful man narrating the exact facts of a transaction sir evans then reviewed eved the circumstances immediately prece proceeding eding the firing indof of the fatal shot dwelling at some le length upon the tile evid evidence ence shonn showing ing that 31 cUllan advanced as if toward a serious encounter the testimony of policeman smith of winslow the colored porter tc t and of others together with we mccellans I 1 er ians ans actions in tile wino wine room adjust before talking avith smith and tile po position of mccellans ians ans gun u n as lie started toward whetstone W were ci all grouped together g ethar to show that whetstone had reasonable ground to suppose that liis his life was in imminent danger and that ho lie was perfectly justified in shooting the tile deceased mr cooks testimony was also reviewed at some length mr keck testified that when he lie saw Ms Lellan last he was walking down the hallway allway li toward whetstone with his arms hanging by liis side but it must be remembered that between the time keck saw and the tile time the shot was fired enough time had elapsed for mclellan to walk six or seven feet and in that time 31 mclellan cLellan with no ono one looking except the man mail cook and the defendant had plenty of time to spring sprin g forward throw up liis his left arm and make an attempt to draw drav liis his gun this it is what the evidence shows allows was done and acting upon this act with all of malel lans ians threats flashing through liis his mind whetstone Whets tono shot and that shot was to save hia his own life the tile counsel then proceeded to discuss the question of a reasonable doubt then discussed tile lower degrees of guilt voluntary and involuntary manslaughter and argued that the evidence showed self defense that no legal crime had been committed and asked for acquittal quit tal mr fr evans closed with an eloquent ap appeal eal to the jury which brought brou glit tp tears ars to the eyes of many in the court room MH 1111 ARGUMENT it was when mr evans closed and within the next minute district attorney AIli Alli sons voice was heard to eay say gentlemen of alie jury Youlia you have ve liere here a case oLun importance you have a great duty to perform for on ono one side aide you have the majesty of the law to uphold and on the tile other side aide tile sacredness of human life to protect you have to decide this case entirely upon the evidence adduced and it if you find tile alio defendant not guilty it is your duty to set him free on oil the other liand land if you find him gill guilty 1 ty it is is your duty to say BO so without fear or livor lavor after a psychological etiological problem had been discussed discuss Ns for or some come time mr allison took up tile real facts in issue and stated that the prosecution would ask a verdict of guilty of murder in lit the first degree the tile defense bense moved mc bellans Lel lans reputation to be bad as to truth and veracity and yet they ask you gentlemen of the jury in the next breath to believe tile statements made by this same McLellan the defendant knew character as well as any man and knew that the deceased was variable in it liis is te temper er up to alie night of the killin killing whetstone v filton lad never paid any ser serious i on s attention to mccellans ans rid boisterous 0 erous threats ts against himself the two men were entirely different in character one was rash outspoken bolster our the other cool calm collected ono one who never told his motives or intentions tho the loud talking man is not tile dangerous man it is the quiet itier ze reserved served man who is to be the most I 1 feared cared whetstone never asked the courts for protection against 31 mclellan cLellan never asked that I 1 Al cLellan bo be placed under bonds to keep the peace and the very fact that whetstone never asked this shows conclusively clu that whetstone did not fear mccellans ans threats whetstone never allowed any fear of these threats mc ile lellan was simply a bluffer and liis his threats never amounted to anything through years the defendant and 31 mc e L clair were good friends even after r these threats alie question of character cuts but little figure in the case cam it is conceded that whetstone waa was a quiet man mail was a lou loud d boisterous and bluffing man counsel then reviewed tile circumstances in the wine ro room 0 1 I immediately m e preceding the shooting showing allowing that even there whetstone was not afraid of mclellan even with al mclellan el ell an h holding a gun gull whetstones Whet stones a evidence unsupported about t trying yin to get a gun ought not to be credited for no ile one knows the motive of whetstone except by his acts and his acts allow conclusively that lie wanted the sun aun to use in ill kecks saloon counsel argued against tile probability of the truth of whetstones Whet stones statement that ho lie wanted the tile gun gull to go home with whetstone waa was C certainly e the man mail who fired tile shot in the tile back alley and that whetstone Whets tono was evidently trying his ills pistol ro rogers ers statement that whetstone feared a beating breaks down the whole theory of the defense why whetstone go homo ionic after lie secured liis his overcoat instead of standing tan ding by tile that was not self defense to wait there for mclellan it showed allowed aim simply premeditated malicious if intent to kill mclellan was killed simply because lie was an incise indiscreet reet man a man mail given to loud and boisterous talk and there is not a particle of evidence to justify the tile commission of the deed W hile in the back room mclellan went there where whetstone was but at that time whetstone was not there or at least mr fr stetson did not see him whetstone was in hiding waiting for a more favor favorable ablo opportunity to deal the death blow mr nir allison then scored the counsel for the defense for stating two theories one that i mclellan came cattle back the hall way to beat Whetstone and the tile other that 31 mclellan cLellan was in posit position iol I 1 to shoot whetstone lie ile then paid a sarcastic ar attention to tho tile testimony of cook the aa camblor abler who testified that lie saw ILI mclellan cLellan try to draw liis his gun referring to the position of mclellan McL ollan when shot and the position and direction of the wound mr allison claimed 1 that when ll mclellan clellan saw Whet whetstones stones pistol and the hash flash I 1 lie 0 b by 1 the force of n nature turned himself hall half around and drew up liis his left arm to protect himself the tile most natural thin tiling in tho tile world for him to do I cUlla n could not have thrown himself into his favorite shooting position for tile direction of the bullet shows allows that the left arm was by his side pe perpendicular with his body only the moulder drawn up there was not a single circumstance cum stance attending the whole aff affair air that could in the least justify whet stones action even if a man had had a good character that does not argue that ho lie can call not commit a crime the first criminal act in almost every criminals life cornea comes upon the tile community with witha a shock but if the first offen sebe be not punished lied law would bo be of email small ben benefit f it mr allison then reviewed the argument of counsel for tho tile defense proof of bad character for defendant w was as not necessary the act itself shows more plainly than any evidence could show the real character of the man henry whetstone may bo be a bravo brave man but can call not a brave man commit a crime counsel then reviewed tile testimony of the nurse A petersen where ho he testified to certain things 31 cLellan said at about 2 the morning lio lie diemand died and then it with tile testimony of sirs 31 mclellan cLellan who said the deceased did not speak a word from 1 45 to 4 a hi in in answer to mr fr evans counsel eaid said there certainly waa was premeditation in whet stones act plenty of time had elapsed I 1 from the tile first quarrel until tile time of the shooting for deliberation and the tile evidence of liow how the intervening time was occupied shows allows conclusively that there certainly was premeditation deliberation and malice lit in theace alie act A verdict I 1 of acquittal means approval of whetstones Whet stones act and says that such cuch L acts I 1 can go goon oil without punishment such a verdict moans means a subversion of order and a license to violate the laws of tho tile country t and throw them into disrepute it igind would copen open the doors ta lawlessness and disorder and increase the number ol 01 widows who every spring would wend ivend their way |