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TONOPAH DAILY BONANZA, TONOPAH, NEVADA, TUESDAY, MARCH 1, 1910. SKINNER TRIAL SENT TO JURY BEFORE MIDNIGHT of our laws. theirs to grant; at the hands of a Mr. Baker then reviewed in detail 'higher power must these be sought. Argu ments of Counsel are Concluded at 11:10 and at 11:43 the Judge Or dered the Jury to Retire and Deliber ate. With features slightly emaciatel denoting a sleepless night ; and in termittently beating a tattoo on the table with his fingers, or masking his features behind his hands, Freil Skinner listened to the arguments in the trial yesterday, wherein he is charged with the murder of Mona Bell at Rhyolite on January ,3, 1908. When his face was dis closed to the jury it was entirely blank of expression, with the ex ception that the pallor has disap peared and a flushed expression has appeared in its stead. The cynical or sarcastic smile has also disap peared. Seated behind Skinner, near the railing that divides the court room, was the wife of the defendant. Dur ing the early part of the argument she placed ' her handkerchief before her eyes as if sobbing, and not once did she remove the covering. Throughout the long afternoon sh? maintained the appearance of suf fering great mental anguish and at times her frail frame would shake convulsively, serving to give forth the idea that she continued to weep. But when the court adjourn ed at 6 o'clock, and the spectators and jury had left the room, the handkerchief was removed and there was not a sign of a tear hav ing been shed. Her eyes were not even red. The handkerchief that snoum have been ringing wet, was as dry as if it had been exposed to the sun's rays all day long. It was then that it became apparent that a deception had been practiced during the day, in an endeavor to provoke sympathy for the murderer, whom she calls her husband. The sympathetic dodge failed to create a favorable impression among the spectators, and principally among the women who thronged the room, and many were the glances of scorn cast in her direction. As a rule the women failed even to notice her, after the first casual but criti cal examination as to her appear ance, 'but this always happens when strangers of the fair sex meet. wnen the court convened yes terday, morning the Interior of the room was crowded with spectators, Extra chairs had been placed. in the aisles and even behind the railing, in anticipation of the crowd, and these were far from sufficient. The remaining aisles were filled and the fcallway leading to the room was filled. Even the privacy of the judges chambers was transgressed upon by the curious and interested, who after gaining admittance went so far as to advance to the bench, whereupon Judge Averlll ruled, and secured seats on the Bteps. At times it was difficult for Bailiff Mc Fadden to move about the room at tending to his usual duties, but throughout the day perfect order was maintained. The defendant was guarded by two deputy sheriffs while an addi tional officer was placed near Skin ner's wife, to prevent her passins anything in the nature of a wea pon or poison, to her husband. Attorney Horatio Ailing made thi opening argument for the state which occupied nearly two hours. Mr. Ailing reviewed the case from beginning to end, placing the evi dence before- the jury in a master ful manner. His address was a masterpiece and he demanded and received the attention of everyone in the court room during the time he occupied the floor. Confining himself strictly to the evidence as introduced in the case, Mr. Ailing took exception to the re marks of counsel for the defense whereby an attempt was made to blacken the character of Mona Bell It was then that he portrayed the true character of the defendant, and so true were his words that the self-confessed murderer hung his head, not in shame, but because ho was unable to meet the unflinching gaze of the attorney. The cruelty of Skinner in beating the woman on the night of the crime was re membered and of his vile remarks concerning her that followed. The last words of the. deceased as Skin ner entered the adobe preparing to going to bed as heard by Bion Demmings, "Come on in Fred and go to bed," were also repeated. The plea of Skinner, as set forth at the former trial of self defense, was ridiculed. The three shots in the back tended to disprove this argument and showed the deed to be as cold-blooded as any that has ever been recorded in the annals of the country. The murder was the result of the vile passions of the defendant with a mysterious motive that had as yet not been brought into evidence. In conclusion Mr. Ailing said "And who is the man to call her such? After this is all over I hope that Almighty God will help us forget that there be such men alive as Fred Skinner. He is not a man The ravaging beasts of the jungle are better than he. They at least do not tear to pieces the female of their kind. He is a monster who has sunk his claws into the tender flesh of this poor woman and drag ged her down to his own wretched level. I ask you then: Is he en titled to live any longer? Remem ber the couplet in the dead wo man's letter: "Let come what may, I've had my day.' He also has had his day. And what a day It has been. Should he have another? Men like Fred Skinner are not made In a few hours. It has taken a life time of crime and debauchery to bring him to his present state Do you think that a few days or a few years will be enough to make him unfit to be at large among de cent, respectable people? He has violated the highest laws of God and man. Should he not pay the full penalty? "If the full penalty of the law should not be exacted in this case; if Fred Skinner should not be hung before God and the good people ot this state, tell me of a case in which any man deserves to be hung. "They are before you, gentlemen, he and she. Judge ye between them this day." George B. Thatcher opened for the defense at the convening of court following the noon recess. He again read the letter of Mona Bell and strengthened the case of the state with ' his remarks. He placed great stress on the bullet wounds found in the body of the woman and described how the de fendant shot in self-defense, after taking the revolver from Mona Bell and firing when her back was turn ed. Regarding the confession of Skinner, made immediately after the crime, he stated that this was not the act of a guilty person. Mr. Thatcher concluded at 3:25 and at 3:30 Judge J. A. Saunders closed for the defense. That he started on the closing argument which was not finished until 9:45 last evening. Mr: Saunders discussed the instruc tions of the court and hardly start ed to talk when he misquoted a statement made by Judge Ailing, but was immediately corrected. His flights of oratory dwelt with every thing but the case proper. After ho finished going through the in structions, Mr. Saunders started to take a trip through the testimony from whichl he emerged at 9:45. District Attorney Cleve H. Baker made the closing statement for the state, and it may be said here that his address was the finest he has yet delivered during his career. He opened by speaking of the im portance of the jury system, and its function today in the enforcement the evidence of a witness produced on behalf of the state, and spent considerable time in answering the arguments offered by Mr. Thatcher and Judge Saunders. He took up both theories advanced by the de fense, that of sel defense and heat of passion, and by the uncontra dicted evidence of the state and the varying and contradictory state ments of the defendant, showed both theories to be manifestly false and untenable. After a thorough analysis of the state's evidence which he welded in to a chain of evidence, which was positively and convincing, he read the loveletter written by Mona Bell to Skinner when he was con fined in the county jail. The letter bespeaks the greatest tenderness and affection, and shows the life of sacrifice and self-abnegation that the defendant should live in idleness and ease. The concluding statements of District Attorney Baker are as fol lows : "How unfair it is to attempt, without evidence, to infect the ima ginations of men who are sworn dispassionately and disinterestedly to try this offense; to attempt to relegate this tragedy to the realm of the redlight district In the vain effort to discredit its horrible fea tures and to placate its monstrosity in the eyes of upright and honest men who are called upon to sit In judgment. . "If such men there be1 who transgess thus far In their zealous endeavor to defend their client and advocate his cause, may heaven for give them for the attempt and in spire you with a fortitude and wis dom to discharge your dutv with calm, steady and reflecting minds. "I may now therefore relieve you from the need or hearing me any longer, and myself be relieved from speaking on a subject which, agitates and distresses me. The mantle of this responsibility Is about to fall from my shoulders uponyours and resign this case into' your hands with a well founded confidence and belief that it will rest safely and securely there. You have been called upon to do a duty perhaps the most serious one that will ever be imposed upon you; The life of a fellow man hangs in the balance and your fair and impartial minds are the scales of human justice which are to weigh and decide either for or against him. "The evidence in this case shows the defendant to be the perpetrator of a crime which would have been black in i the darkest ages and the atrocity of which is appalling. The defendant in this case has not only violated the law of this state but he has violated the most sacred law of all laws, that divine law handed down to us from Mount Sinai by the Almighty and incorpo rated into the laws of every na tion and every people and inspired in the hearts and conscience of mankind that divine mandate, 'Thou shalt not kill.' j "Nothing remains to be said and done in this case save by you gen tlemen of the jury. The vital part or the enforcement of the law is In your hands. It is for you now to say and do; all that the state can say or do has been done. "By your verdict you are to say not only to this defendant, but to the entire county and state, that the sacredness of human life and the security of our homes and sisters and mothers shall ever re main inviolate. "Let your unmistakable verdict, be a protest against and a defiance to the lawlessness which has too long attempted to claim Nevada as a place of refuge. Let your judg ment strike fear and terror Into the hearts of such murderous assassins who would fain drag -into the bot tomless depths of vice and shame such poor, helpless victims and there abandon them to a murdered grave. "The province of a jury is jus tice. Mercy and forgiveness is not "Let the punishment which the law says is his, be meted out to him fearlessly and dispassionately, and if any mercy there be, let it be sought from that supreme law giver of the universe, before that spiritual tribunal," eternal in the heavens, where In the presence of his Maker he may implore God for the remission of his sins. "On behalf of the people of the state, conscious of the sworn obli gation and duty I have accepted, I ask you for a verdict of murder in the first degree Tith the maximum penalty." Mr. Baker's eloquence surprised his closest friends and too much praise cannot be bestowed upon the young attorney, who has so ably presented this case to the court and jury. While perhaps he Is one of the youngest district attorneys in the west today, Nye county can be proud of the careful and master ful manner in which her district attoifiey presented this, which is one of the most important' murder trials ever brought before a court in the state of Nevada, and his many friends congratulate him and trust that this is only a stepping stone to his higher ambitions, which they hope he will realize. At 11:30 Mr. Baker concluded his address and Judge Averlll then started reading his instructions to the jury. This matter was con cluded at 11:43 the jury retired to determine on the verdict. During the night session the room was crowded as during the da, women were again in evidence and several remained until the jury re tired for their deliberations. The wife of the defendant pursued the same tactics and made free use of her handkerchief. 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