The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1860-11-24

- - eet--sAAAErge W1No OtdtuNeIt0 con
Iceaied IN . straw bed He then produced
the bloody clothes In court, which the
lprisoner owned 70 b his clothes. ana a
have been thrust into the Straw bed with
an intention 10 conceal them, on account
of thsir being bloody
The prisoner also waived nskine n,
second witness any question. 49, \.
third witness dep0sed 10 his having
heard the prisDner deliver certnln mena
ces Againtt the deceased, from whence n,
Iprcsecutur intended 10 infer I prOof b
malice PrsPense In answer to which. iii,
prisoner proposed certain questi0ns 10 III.
court. lending 70 . discovery Of the occa
slon o. the inenaciRR expressions tleposet
to, and from the Hitness answer TO those
questions, 4 appeared that the deceased
had first menaccd the prisoner. Y m
The prisoner being called upon Il
make his defence. addressed the following
narration 70 the court, ~ containing Iii
ne knew concerning the niailner and cir.
Eeums,aucesOf the death Of the deceased
viz; a Pr. 4. # N ..e5 II.
That he rented q close In the same
parish with the deceased, and thai the
decreased rented another close a,iioiaino
70 T.. That the only way 10 his own close
was through that OF the deceased, aiiti
that on The day tie murder III the inGlict.
nent was said 10 10 economically rose early
y the morning, ID order to 70 t6 work il,
be close, with bis fork III his hand, and
passing through the dceeasels ground,
he observed n man al some distance from
the path, lying down al il dead or drunk /;
that he thought himself bound to see
what condition tfe person WAS III, and ND.
ion getting up 10 him be found him d t the
last extremity, with two wounds IN his
breast, from which = great deal Of blood
lad issned /; that III order to relieve him
he raised him3up, and with great t.iflienlty
set him IN his lap; that he told the do.
ceased he was greatly concerned ut his
unhappy fate, aud the more SO as there
seemed to be too much reason To- appre-
bend that be had been murdered; that he
Etntreated the deceased TO discover, ifpos-
fslbles the occasion of his misfortune. assar.
ing him he would use his ltmost endeay.
fors 70 do Justice 10 his suIIerings; that the
deceased seemed TO be sensible Of what
he said, and in the midst OF bis agOnies
attempted, rs he thought, to speak 10
him, but being seized with a rafting in
his throat, after y hard struggle, he gave
a dreadful groan, and vomiting d great
deal OF blood, some Of which fell on. bis
the prisoners clothes, he expired in his
arms; that the shock he felt on account
Of the accident was NOT 10 be exprsased
and the rather, rs twas well known that
there had been q difference between the
deceased and himself, on which account
he might possibly be suspected OF the mnr.
der; that he therefore thought 1t advisable
to leave the deceased in the condition he
was, and TO take no further notice Of the
matter ;that, in the eonfusionhe was in when
heleft the place, that he took away the de,
ceased's fork; and left his own in the room
OF il. by the side Of the corpse; that being
obliged to 60 to his.work, he thought Il
best to shift his clothes, and that they
might net be soen, he confessed that be
had hid them in, the place where they
were found; that it was true he had de-
MED before the justice that he had
changed his clothes, being conscious that
this was au ugly circumstance that might
be urged sgainst him, and being unwill,
! ing 10 be brought into trouble ifhe could
help il; aud concluded his story with q
solemn declaration that be had related
nothing but the truth, without adding OF
diminishing one tittle, AS he should answer
it to God Almighty. Being then called
on TO produce his witnesses, the prisonel
answered with . steady. composed counte,
nance. and resolution Of voice, lie had ID
Apitness bEt G0d and his otpH eOasaencs.'
"The Judge then proceeded to deliver
his eharge, in which lie pAtheticaIly en-.
Iarged on the Nervousness Of the crime
and laid great stress on the force Of the
evidence. which, although circamStaHtiS
Eoply, he declared he thought to be ire
sistible, and eGttIe inferior 10 The nposl
positive proofs that the prisouer had in,
decd cooked up n Iery plausible story
Ebnt IL suck, or The like allegations, Wsrt
Ito be admitted, in . case Of this kind, nc
murderer would ever be brought TO JUS
1tice, such bloody deeds being general,
Eperpetrated, in the dark, and with TIL
tgreatest secrecy; that the p7eseGI cas-,
VAS exempted. III bis: opinion. IRON nj
possibility Of doubt. aud that they oligh
mot 10 hesitate one moment abont finding
the prisoner guilty. -. -: =.
1.-The foreman begged Of his lordship
as this was case OF life aud death, lilat
] the Jury might be at liberiy to Withdraw
and apu't this motion. All officer wal
sworn TO keep the jury: 49,. -. .:
4 The trial came on the Grst in tn,
morning, and the judge having sat till
ut night, expecting the return Of the jury
I nj last sent an officer TO inquire if theI
were agreed in their verdict, and 10 sig'li
ify TO t6eln that his lordship would val
mo longer for them. Some Of them re
turned Tor answer that eleven OF thei
body had been Of the same mind from th'
first, but il was their misfortune 10 haE'
la foreman that proved to be a Singulal
instance Of the most iRTeterate nbstiuacy
-tWhO having taken up different opinion
from them, was unalterably fixed in it
The messenger was no sooner returned
but the complaining members, alarmed a
the thought Of being kept under eonfne
nlent all the night. and despairing o
bringing their dissenting brother OIer Il
their own way Of thinking, agreed 10 &C
cede to bis opinion, and having Aoqnaint
+ ed him with their resolution. thew sent Al