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Show WHY SOUTH WORTH SHOT "NED" HANKS ; Note Written by Band Manager Found on Table by Woman's HusbandOpening- Statements in Famous Murder Case South- worth's Mother Disclosed to Her Son the Infidelity of His j , Wife Insanity in the Family of the Accused. i 9 I After the opening statement of the case by District Attorney Ruianiski, followed by Attorney Daniel Alexander Alexan-der for the defense In explanation of what the defenBo would show In the course of the trial, the Introduction of lostimony was begun by the state in the Southworth murder trial today, i Just before "the hour of adjournment adjourn-ment Saturday evening u Jury was se- cured, after iho court had spent the entire week finding 12 men whoso minds were sufficiently free from bias and prejudice to pass on the raoritG of the case. It cannot bo said how much time will be required in the Introduction of testimony, but It Is expected that the entire week will bo taken up In the matter. The Jury Is as follows: The Twelve Jurors, i Harold A. Dabb, farmer, West Weber. We-ber. B. F. Blaylock, farmer and health officer, North Ogden. Joseph Hutchinson, farmer anJ special spe-cial deputy sheriff, Plain City George W Etherlngton, farmer and Mormon bishop, West Weber Peter Ernstrom, blacksmith, Ogden. Oscar Gecrtsen, farmer, Huntsville William uowdcr, farmer, Ilarris-vjlle. Ilarris-vjlle. 'E. A. Barnes, farmer, Taylor. William Royal, carpenter, Burch Creek Thomas Mooro, farmer. Hooper. Jacob P. Gibson, farmer, West Weber. We-ber. Elijah Belts, retired farmer, Ogden. UMIn.ccnc r".-ilUH Witnesses already designated to ap- oar to testify for the state are J. ' W Bailey. J- A Herrick. E C. Potor-' Potor-' on. William Craig. H L. Head, Parley Par-ley H Anderson, R. H. Wooton Or-nh'ia Or-nh'ia Wooton. Elizabeth Lund, William Viits. Maggie Baker, May Taj lor and Davi 1 Hess, Jr.. and the prosecuting attorney states that there may be others oth-ers calJpd before the state closes Its case. The number of witnesses for iho defense has not been 5t2ed bv tb'e attorneys except that there will be ns many as 20 or 25. The court rcom was fairly well filled fill-ed when the case was called this morning, with quite a number of worn-pii worn-pii In attendance Many of the poo-nlc poo-nlc at the trial are residents of Farm-ington, Farm-ington, the home of the d-efondnnt, Henry Southworth Mrs. Southworth "as not pmsent. but ber mother, Mrs ' -r.d, and hor sister. Mra Baker were' fiere. both of them being witnesses V- the state. In opening the case iho district attorney at-torney stated that H would no require much time to toll of the tragedy trag-edy enacted at Glenwood Park the I evening of August 12, when Henry Southworth Is alleged to have shot J to death EVL. Hanks; that Lheie were ( a number "of eye-witnesses to the i shooting. StDry of the Crime. "The st'tite evicts to snow." the attorney said, "that on the night or August 12, 1911, at Glenwood Park, while In company with the defendant's defend-ant's wife, a band manigr named E. L. Hi nks vas shot four or five j t'mes by the defendnnt, Henry South-. South-. worth, and that immediately after ' the shooting he died of the effects of j the wound". The facts related will show conclusively that the shooting I was premeditated and with malice i arorotnought on the part ot the defendant de-fendant and that, under those ' circumstances, cir-cumstances, the state will expert a i v.dlct of guilU as charged In the Information." In-formation." I The district attorney further stated stat-ed to the jury that the defendant Is I ont'tlecV o the presumplon of innocence inno-cence from he belnnln? and "that that ' presumption shall remain with him through the entire trial until the I state proven his guilt beyond a reas-' reas-' onable doubt. Regarding the theory of the defense as Indicated by the nucstioning of the Jury, that the defendant de-fendant was Insane at the time of the homicide, the prosecutor said that tho presumption of sanity must be maintained ontll the defendant proves that he was insane and that that presumption pre-sumption must be cntertalnedl until the contrary is shown beyond a ques-i ques-i tiop of 'doubt, 1 Southworth Was Unbalanced. j i Attorney Alexander, in presenting the side of the defense, called atten- i tion to the fact that It Is rather un- i usual for the defense to make a sate- ment of the facts o be shown until after the state had Introduced all of its testimony, but, he said, 'that tho; o defense In this case had nothing to wit'hlTold an'dhatlhcdcfondant was willing to give tho state all tho facts upon which he would rely for au oc-qulttal. oc-qulttal. Judge Powers has been engaged to nppoar In the case for the defendant, but he wan taken HI just prior to tho time for the hearing and Alexander had boon called to aid In the trial Mr. Alexander said that mofit of the papers In the case were destroyed In the Rccle6 fire and that tho defense had been somewhat handicapped because be-cause of that. Briefly stated, the theory of tho defense de-fense Is llmt when the alleged mur-i mur-i der was committed, the defendant, Henry Southworth, was a 'ciazcd. Insane In-sane and Irresponsible man," and that, also, whatever, he did at that time was for the protection of his homo and the preservation of Us sanctlt He was justified in tho homicide, the attorney stated, under the law that a man shall be held guiltless of murder if the act is committed in a sudden inentui upset or because of the defilement de-filement of any female mober of his family. "The facts 'will show," tho attorney attor-ney stated, "that Henry Southworth vaB good, honest and trustworthy and that his training through life had been along tho lino of higher things than homicide or lawlessness. Ho has always been a hard worker and a good provider for his family, his heart is mellow and has always been Hlngularly devoted to his homo and family. insanity in ramuy. "It will also appear from the ten- ; timony thai he has a keen strain of ! insanity In his blood and that a sister ' on her deathbed was Insane and tried to do bodily har into those about her Henry always tried to control himself him-self and ho succeeded falrl Nvell In that respect, as woll perhaps as the average man. Ho had o taste for liquor and, through his Imbibing In that, llitie family differences arose and the wife sought divorce In the courts Tnc defendant is not vicious or harmful when under the Influence of liquor but, on the contrary, be Is childlike and playful, not criminal " The attorney outlined tho circumstances circum-stances leading t.2,.thc tragedy, telling tell-ing of the appearance of the Don Philippic! Phil-ippic! band, of which "Ned" Hanks uas manager, at Lagoon, near tho home of Mr and Mrs. Southworth, and of the attraction the members of j the band had for Mrs. Southworth; that she rrlct with them many tinier and, with her husband's consent, had Imlted some of thorn to her hoiuo for entertainment. Her husband had remonstrated with her and had Implored Im-plored her to desist and also pleaded, with her to drop dlvorco proceedings, that they might live happily together' and take the proper care of their chiUren. He said that the wife had acreed to do this and that South-worth South-worth hhd finally consented for her to entertalp somo of the band members mem-bers for the last time and that the curtain between his wife and the( band men should be drawn forever. Repeated Conciliations. K This in part was accomplished, the attorney stated, bill subsequent circumstances cir-cumstances led to the belief that the wife was not altogether sincere in her promises and that she was not true to him. Southworth toldj that, just before , the time o" the liomlcide, when he came heme from his y work, he found ' a postal card addrossed to his wife and signed ?by one of the menbers of ' J the bank, asking to moot hor. He ' I brooded over the natter, but finally j was reconciled to the circumstances ' i when his wife again told him that j she would have nothing more to do with the Italians. Again weio di-I di-I vorce proceedings stopped and Mr., I Southworth went to Novada to work. I While in Nevada he was advised by letter from his mother that things at his home were not what they should be and that he had better return. re-turn. He did so, finding his wife : away and the children without food and proper care. The wife did not I return until one p'clock In the morning. The defendant upbraided her I the next day, but she again suceed-ed suceed-ed In convincing him that she would do better in tho future and another reconcllllatlpn occurred. The Fatal Day On the day of the tragedy, Mr. j Southworth returned from hfs work ! late in the evening and found the wife had not returned She had told him In fhs mnrninff 4lmt o)m tifin mln . in me morning uiai sne was going to Salt Lake to have the divorce proceedings pro-ceedings withdrawn and would return re-turn In the evening. Ho found a letter let-ter on tho table addressed to Mr Southworth and whon he opened and read It he learned that "Ned" Hanks i had written, her to come to Ogden to see him. The number of Hanks' tele-phono tele-phono and his room at the hotel were given. Mr. Southworth took the children chil-dren to hla sister's place for supper and while there was told by hla mother moth-er and sister that the rumor was afloat that ladles' hat pins, hair combs, and other women's apparel had been found in Hanks' room at Farraington , and that his wife was accused of visiting Hanks there Southworth knew that his wife was at Ogden rather .than Salt Lake. Ho bought a ticket for Ogdon and made his way to Glenwood Park where he met his wife in company with Hanks and the shqotlng followed. Tho attorney at-torney Btated taht he expected tho testimony to show that tho defendant defend-ant does not remember what happened happen-ed after he saw his wife with Hanks In the park until he- was arrested and placed In jail. Mother-in-law Testifies Mrs, Elizabeth Lupd, rapther-In-law of the defendapt. was tho first witness called by the state. Her tes-tlmonv tes-tlmonv was very brief, tolling in a few words tho awful tragedy of that night. Sho said" that sho was "slightly acquainted ac-quainted with 'Ned' Hanks" and that she saw him at about 9 p'clock, Au-CUBt Au-CUBt 12, at Glonwood Park, she and her daugbtor, Mrs Southworth, having hav-ing gono to the park during the evening. even-ing. ' . "i "Mr, Hanks, my daughter and my. boU were walking Coward the Baucor track entrance," the witness relatod "Mr. Hanks having hold of my arm! aiding me In jotting around some , (Continued on Page Seven.) '' I oo WHY SOUTHWORTH SHOT "NED" HANKS I (Continued from Page Six ) ' j boys who wcr standing in tho path. J My daughter was walking a llttlo paco distant from us J heard two shots fired from behind and Mr Hanks staggered, at the time crying 'My God I am hurt' 1 then saw Henry South-worth South-worth run' past me with his revolted In his hand. He fired two more shots at Mr, Hanks and Mr Hanks fell to tho ground dead "After the shooting was over Henry started to run back past me and toward to-ward the dancing pavilion' I caught him by the arm and said, 'Henry, for God's sake what have you done.' He shoved me aside and, using a bad word, said,' leave me alono or I will kill you." I -Mrs Lund said that she could not remember anything more about It, for she partially fainted away and was taken care of by ladles near by. The witness stated that she is 52 years old today and that sho had known Henry Southworth all his life. Just before the noon hour, tho attorney at-torney for the defense began a cross examination of tho witness, Mrs. Lund Cross-Examined. The attendance at the opening of court this afternoon was greater than It was during the forenoon session, tho majority of the spectators being women. The cross-oxamlnation of Mrs Lund was resumed and, In answer to the question whether sho had much experience ex-perience In court, she said that sho had been In court a good many times, both as witness and as a party In civil nnd crimlnnl suits She said that she was a defendant in a criminal crim-inal case at Farmlngton. She was a witness In the divorce caso of her daughter against Mr. Southworth. August 1, 1911. The witness stated that Judge Howell refused to grant the dlvorco. She told of visiting some of the stores in Ogden on the fateful day ajid that she and her daughter saw some of the members of the Italian band at the Bon Ton restaurant. Tho witness said she loft her daughter daugh-ter in the city and accompanied some of tho musicians to Glenwood Park at about 2 o'clock Sho claimed that some of the band members owed her $2 65 for vegetables and eusrs. Sho heard the afternoon concert and remained re-mained In tho Park alone until the musicians came back after supper. Sho said she was with the musicians that aftornoon and evening when they were not busy The Italians came back to the city for supper and she remained alone In the park, j Mrs Lund said that her daughter joined her in the park a little nftcr 7 o'clock Her daughter, Mrs. South-worth South-worth was alone when she came to tho park Mrs Lund was talking with borne of the Italians when Mrs Southworth arrived Tho witness stated that the concert began Immediately after and that she and her daughter repaired to the Baucor track where the concert was given At tne intermission, she and her daughter were joined by Manager Hanks and tho threo went to tho dancing pavilion, near-bv Mr Hanks and Mrs Southwort hdanced Tho tragedy occurred on tho return trip to the concort stand The witness acknowledged that at tho coroner's inquest she did mention men-tion the fact that sho had grappled with Mr Southworth at the time, of tho shooting. Mrs. Lund stated that she did not so her daughter after the shooting that night until sho saw her at tho Bamberger denot on the way back to Farmlngton The witness denied saying say-ing that night that she would like to Bhoot Mr. Southworth, but on the contrarv, she said sho is now and always al-ways has been "Henry's" friend |