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Show " DRAWING TO A CLOSE. The Defense In the Hopt Case Try-In Try-In to I.if t the Black Cloud : and Fasten the Murder , ' on Emerson. The Third District Court was crowded with listners to the pleas in the Hopt trial this morning. After a few preliminary affairs, Mr. Parley Williams, associated with Mr. Ben Sheeks for the defense, addressed the court and said he desired to invite attention to the certain degrees of murder. Mr. Williams spoke briefly of premeditated and all other grades of murder as ruled'upon. in the language of the highest courts ; said it was incumbent on the prosecution to prove premeditation and deliberation, and to establish the murder as set forth in the indictment. Mr. Williams then addressed the jury in a lengthy and able speech, and was followed by Mr. Ben Sheeks, who took up 't the chain of evidence to show that Hopt did not commit the murder of John F. Turner on the night of July 3d, 1880, if the young man was murdered, but that the crime seemed to centre on Emerson, from the circumstances surrounding the mysterious deed. . ME. PARLEY WILLIAMS. Gentlemen of the Jury: You have listened to the opening speech of Mr. Thurman for the prosecution, which was given before we adjourned on Saturday. In the remarks made in the summing up of the evidence, the theory of one side of this case was given. - The Court will instruct you to form a verdict on the REASONABLE AND UNDOUBTED EVIDENCE OFFERED. ; You can not be free from a knowledge! of the wide-spread attention that this case has attracted and the feeling it has created creat-ed in this community. I refer to this matter as a caution in forming a deliberate deliber-ate and just conclusion. Only - such things as . have been proven - will you use in establishing your decision. If you are satisfied beyond a reasonable doubt, that the defendant is guilty, you will not allow anything to influence you to a conclusion; Each of these essential facts leading . you to a decision must be proven. The existence of one or more facts will not suffice to constitute guilt as charged. . In the line of argument of my brother Thurman, assisting the prosecution, there must be proven beyond a reasonable doubt that John F. Turner was murdered, and that the remains found in Echo canyon can-yon were those of the missing man. It requires this link of essential evidence to justify you in " DOOMING THE LIFE OF THE DEFENDANT. The speaker carefully went over all the incidents, following Hopt from the evening even-ing of July 3d, 1880, till his arrest at Cheyenne. A point was made on the condition of the corpse when found, more than a week after the killing, and of Dr. Benedict's testimony as an expert of unquestioned un-questioned veracity. Evidently Mr. Phillips, who found the remains on the 12th, and Messrs. Allred and Fowler, who viewed them on the 21st, must have ben mistaken. The speaker described the east and west extension of the can- yon ; the course of the burning sun durr ing the hot and longest days of the season, sea-son, and the testimony of Dr. Benedict, who said one week under such elements was ENOUGH TO DECOMPOSE THE REMAINS Past recognition. When Dr. Benedict examined the body it was a mass of putrefaction from maggots feeding on the tissues. I don't think the gentlemen of the jury are satisfied beyond a reasonable doubt that these were the remains of John F. Turner. Regarding the preferred threats of defendant de-fendant against the Turner family, Mr. Clyde testified that Hopt once said when they were working at getting out wood that he would get even with the Turners. This testimony is of poor credence. Why did not the witness follow up the saying of defendant by asking what was meant? He considered it but the rambling talk of everyday life, and of no significance. Robert Johnson states that he employed Hopt in April, 1880, and he worked until June. A talk came up onetime among several persons about Provo and the people peo-ple there, when Hopt said he would get even with the Turner family. There is not a day but that such things are said by men regarding one person or another, and as it is vague and not thought of, who would construe it to mean . THE THREATENED MURDER OF YOUNG TURNER . Because Sheriff Turner and the defendant had experienced a little difficulty which had been settled, and after which the two had ridden together in a friendly manner. All this testimony amounts to straws, and is very unsatisfactory on which to base a man's life. The prosecution prose-cution catches at such conflicting trifles to form a chain of circumstances in order to show malice and ill-will on the part of the defendant toward the Turners. Could you conclude that a man is such a monster as to harbor up feelings of murder mur-der and wreak them out on a son like young .John F. Turner to whom, Hopt had always had the best of feelings, as shown by the testimony given. In this case of PURELY CIRCUMSTANTIAL HOMICIDE What do you, gentlemen of the jury, do with the vast amount of worthless evidence evi-dence from divers witnesses, from divers quarters, which is brought here to show the little spot of blood on the shirt of Hopt the night of the 3d? It will probably prob-ably be argued by the prosecution that the spot came from the spurt of blood in the murder of young Turner. . The testimony testi-mony of Bates and several others goes to show that Hopt had been in a fight and bruised his hand and face. He said he had hit a s of a b and hit him hard, which undoubtedly alluded to the fight he had with some fellow about one of the hurdy girls. His washed hands all night in the bed of one of the girlg at the barber's in the morning show NO EVIDENCE WHEN TURNER WAS KILLED Or who committed the crime, if done at that time. Emerson states that he didn't know Turner. Seckels testified that he saw Emerson for some time about Park City, and that he was a familiar figure to all. Charles Jones, now absent, testified to substantially the same facts of seeing Emerson sitting with Hopt on the wagon tongue. Sheriff Allison, of Summit county, says he saw Hopt a little after 8 o'clock the same evening at Lane's saloon. There can be no theory of the ! prosecution to refute Mr. Allison's evi- : dence. Several of the witnesses testify : that Hopt was at Creek & Dodge's hurdy- i gurdy house at about 10 o'clock the night of the 3d, dancing, drinking, and having ! a lively, time with all present. This accounts for the defendant : for most of the time that night It was a scene of excitement at the dance that night, and even good moral people 5 would look in at a mining camp hurdy- ! is but one conclusion: If he killed John F. Turner he went to the camp and did it after being seen about 8 o'clock by Sheriff Allison and others, or else it was done early in the morning, in which case the defendant was under, the influence of liquor, the town lighted up and the streets alive with people to detect the movings of a drunken man. If done that night, it was very likely early in the morning when Meyers- Seckel passed the camp and saw two men, one of whom he recognized as Emerson, " CARRYING SOMETHING WHITE TOWARD THE 5 ; J . WAGONr :j i ;V ' '' And they called out to him. ; If, after all that has been said, you find no circumstances circum-stances in the . testimony . to prove that this party engaged in this murder, you are to say so, and if you see evidence of guilt you are to make it known in your decision. You have no explanation to make as to the death of John F. Turner; you have but one question to answer in deciding the guilt or innocence of this defendant by the evidence adduced. Something has been said about Hopt being ; the master mind and leader of Emerson in the affair. The incidents along the road deny the assertion, and show : - . .- . o ' EMERSON A MORE EXPERIENCED, OLDER AND DEEPER PLOTTER Than Hopt. It will be- remembered that Hopt was a luckless boy, without parental care or guidance at the age of 13 years. He formed wayward, reckless habits, which have centered crime upon him. On the other hand is Emerson, wfth his knowledge of the world and the tact of even working upon the feelings of a jury I leave with you the grave responsibility of handling this man's life, j d ; i " - " MR. BEN SHEEKS. . ? May it pleace the Court arid gentlemen of the jury; I shall not go through all the details of this case, as it has been so ably set forth by my associate, Mr. Williams. This case arose along time ago. The defendant de-fendant has had no means to employ counsel and has had simply such aid as has been provided by the Court. In regard re-gard to the identification of. this body, the fact that these witnesses testified that they identified the body by the face seems - untrue, and that they had to be guided by referring to clothes and many small articles besides. I have wondered why the other sock, said to mate the one brought here, was not presented. pre-sented. The prosecution would have produced it if it had been a mate of the one ' brought here. Why not bring the one found on the body instead of the one which had been . off several days? This is all I care to say of the identification of this body. Where is there any evidence that Turner was killed by Hopt?, Where, if so, is any "premeditation shown? Regarding Re-garding the loose remarks of Hopt that HE WOULD GET EVEN WITH THE TURNER FAVTT.V. What is the conclusion? You all know that throughout your own lives you have said many careless things with no significance signifi-cance intended. Mr. Sheeks gave an example of the easy possibility of being mistaken in a person's words and meaning, as may be the case with the witness who testified to Hopt's threats against the Turner family. Referred to the statement of Mr. Campbell, Camp-bell, of Green River, who said Hopt stated he had killed an innocent young man in cold blooo. Why did this not cause suspicion if it impressed the witness as being true, and why did Mr. Campbell stop there and not ask a natural na-tural question about the killing of an innocent in-nocent young man? No! he invited Hopt to stay all night with him, and but little credit can be given the testimony. If these men killed John F. Turner it was for the purpose of getting the teams and property to ' sell. And if they did do the crime they would never have waited until the morning f the 6th befere going away. It is highly improbable that Hopt would have gone to Emerson, a total stranger, and asked him to go with him in care - of one of the teams. There is no evidence to show WHERE EMERSON WAS THAT NIGHT, And Hopt was about the town with companions com-panions and free to detection," if guilty. After they started away Hopt seems to have gone ahead and transacted the business, and this looks as though Emerson Emer-son was shouldering the responsibility on Hopt, and in case of detection of the body this man, Emerson could plead ignorance and leave Hopt accountable. ac-countable. Emerson kept himself hid from view and in the background all along that canyon trip. The shirt with blood on it was seen the night of the 3d by a lady and some others who have testified here. It has been unfortunately lost. .- We say if it had been Hopt's shirt it would have been produced here, but as it was not it must have belonged to Emerson, Em-erson, and the spots on Hopt's shirt have been accounted for, and he didn't try to getaway, but wore the shirt until the nextday. . . WHOEVER KILLED TURNER did it without premeditation and made their plans afterward, as is shown by the outfit not being removed until three days afterward. Gentlemen of the jury I feel that I have not given the defendant the aid he deserves for I have not had the time to look up the defense the prosecution prosecu-tion had done. I leave the case of life or death with you. You have it in your power to take his life, but should you find no premeditation and deliberation you can save him. Long before the hour for the afternoon session of the District" Court, throngs of men and women wended their way up the stairs into the trial room. A large representation of the legal fraternity were present inside of the railing and even the aisles were packed with the curious to get a glimpse of the unmoved criminal and the patient and resolute John W. Turner, father of the murdered boy. MR. C. S. VARIAN, ' The Prosecuting Attorney, began a most eloquent and exhaustive argument of the testimony given. Commencing at the 3d of July, 1880, he recited in a rapid and .most touching manner all the long chain of facts centering the murder of John F. Turner on the head of Fred Welcome, alias Frederick Fred-erick Hopt. To give the points brought out by the searchings of .the speaker would be an impossible task at this late hour. In contradictory proof of Hopt's explanation of the blood on his shirt his appearing in town for observance Jimme-diately Jimme-diately after the crime is supposed to have been committed the moving of Turner's property up Echo canyon, and . the graphic account of all happenings along the canyon road, were given in such a stirring spirit as to bring the tears ' and crimson to hundreds of cheeks. Everyone Every-one at all familiar with the tragedy is well acquainted with the evidence in the case, . and in Mr. Varian's investigation investiga-tion of young Turner's mysterious disappearance, from the night of July 3d, 1880, until found in Echo Canyon behind be-hind some rocks, listened spell bound to the . recounting of the affair. Sheriff Turner, . father of the murdered boy, bore the sad story with his usual , staid demeanor, de-meanor, although the tears trickled down -his cheeks, occasionally glancing glanc-ing at HoptTvho sat as stolid and apparently unmoved as a piece of statuary. statu-ary. Up to going to press Mr. Varian is still entering his plea. |