The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-01-11
SALT LAKE DAILY HERALD WEDNESDAY. JANUARY H. 1882

bis dsily habit OF interruptipg with con.
tradiciions md drnisls. For ce, how.
ever, the intuff-rable impuG-ncs of the
p issner. Was completely overswrd
Neither his noise nor his abuse could
Condemnation, that swept from the lip:
of the eloqusnt counsel. "The prisoner
| is mistaken your honor" said Judge
Porter, IF be believes By his unleemly
brswling he can prevent my voice from
being heard by The jury, Tue puppei
cannot be moved in such good time ~
when be sat With his counsel and by bis
oHtUrrsts. Now he is fast tightening
the hspgmaA's moose about his neck u
With a nervous twitching of the mouth
Guitesu muttered: "We'll see about
that" The heretofore sudscious and
wholly una sshed prisoner seemed i'll at
ease, sn6 at loss To understand why his
would be sallies CT wit or impudence,
wholly failed with the audience While
more severe became the eenunciations of
counsel, the more frequent and marked
were the demonstrations Of approval.
Finally, like Wild beast brought to
bay, Guitesu elled out: Il staked my
life on the issue, and I'm willing TO 90
to the gallows tomorrow if IT'S the
Lords will. I'm sick Of this bosh,
Judge Porter, 1 wish you would get
your S. 600 and 60 home" Judge Per-
ter concluded his mastery argument ut
1l.40, by reading the now famous letter
of President Garfield to Judge Payne, in
which he complimented and thanked
him for brushing away the network OF
soFhistries with which il has of late years
been customary to envelop the ples of
insanity when set up In excuse for crimes.
Judge Cox at Has. began the read
Ing of his decisi- n, which begins with q
lengthy review Of the subject of jurisdic-
tioR. judge Cox occupied ffty-fve
minutes in reading that portion of his
decision touching upon the question of
jurisdiction. He cited all important rul-
Ings from an early day Of the com mon
law in England, and decided against the
prayer of the defense. He summed up
the question, that Jurisdiction is COM
plete in the place where the wound is
i" consequently this event has
full cognizance Of the offense. Judge
Cox next took up the question of the
legal test of insanity, and decided that
knowledge and sppr eciation of the differ
cuCO iISAb diiA nAOIS AAOsb NC
taken ss the correct test.
Judge Cox concluded his decision at
IL, having consumed an hour and forty
witD rapid speaking. Upon
avery material point is rulings were de-
cidedly against The prayers of the defense.
The only grain Of comfort for the pris-
oner was offered when Judge Cox reached
he question of reasonable doubt. Upon
his subject he said: II shall not charge
he jury to scquit if they find reasonable
loubt as to any one element, but shall
AXE into consideration and charge them
tothe elements, and that if, from
Ill the circumstances aud evidence they
rave reasonable doubt of the commission
" the defendant OF the crime as charged
hen they shall acquit." As Judge Cox
inished speaking Guitesu called cut 81
m perfectly satisfied with that explsns-
ion of the law.n ln
After consultation between counsel the |
curt adjourned till Thursday morning, |
vhen Davidge will make the opening ar |
ument to the jury for the prosecution.