The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1884-10-21
C,atj,.,.cG jrOp. Eighth page.

u,izs7,ided zeal, and to be sacrificed
ana N. .-9 altar of suspicion and pre-
upon 49, n was for these rea onS that
JuulCo', tIaY,,en were asked, before yeu
YOU sworn to try this cause, Whether
bod any prejudice or bias against
~ w 5pfendant, and we're required upon
49, solemn Oaths to say that you
your 60 true verdict according TO
Boutu ID the evidence as it should
the l. " Won in open court during THIS
eoHic RSaring these things IN mind, let
tTlai. the evidence adduced and
US o o41laT as has been claimed, the pros
W.T.: :n,, has made out case against the
oeieH IoI, las been said about the weight of
DlU+ITrsfsTfial evidence, and 1t IS OF the
caII.,ort Importance that we understand
80 rule governing 1t correctly, as TINS
~ ~ rests entirely upon this class Oh
o:Soncp which at times becomes very
eeoo4,cirsiye. For instance, man before
eOihill;--r looks out and sees the ground
cinar and bare, when he a~aheIlS III 'l L'
Oo-niop il is covered with snow al
nMlorgh he may not have seen single
slI'o ofsE there is no need OF testimony
I11 aonvirce him that it showed during
Tioht. 1t Is such conclusive clrcun-
I41onIi9I evidence as this that warrants
CONVICTION in a criminal case ana
Sbon only when the evidence IS Ut teTly
- ,cii4bIe with the limo cence OF the
5afendant and cannot be explained
unon any other reasonable hypothesis
Mr.. Richards spoke atsome length In
sarcastic vein Of the nature Oh much
If the evidence adduced by the proSecu-
zion. Was it conclusivS evidence OF
marrisge that the defendants cousin
nod been in the habit OF paying MN
I L;s;te ct fhe store? The defendant ate
meal with his cousin. lie was actu-
aIIv seen drawing buckets OF water Tor
her but we do not stop here, say the
prosei utiOn-his picture was found III
her apartment, but am afraid II every
unmarried man whose picture adoTns
ladies' rooms were to be indicted, TINS
court would have its time pretty lhoF-
oughly occupied disposing OF the cases.
il there a particle of evidence 10 snow
that either this defendant or LyQ!a
Spencer presented the name OF Lime
CiawsOn for membership IN the Elght-
zenith Ward Mutual Improvement AS
sociation1 Not the least. ANY, one
nav have placed their names there,
and that even without their knowledge.
II this case has any standing III court
i must rest upon the very slender
cround Of the admission alleged to
have been made to Mr.. Caine. But did
Won gentlemen ever hear this kind OF
Confession recorded before2 The pro
eecution themselves realized that
tbi5 sort CO admission of q
crime was inprobable-very improba BE
The books are full OF cases where
criminals, desperate with their loaded
consciences, have confessed their crimes
but can the alleged admission TO Mr;
Game be called g confession of this sort
No one ever heard Of 4 confession ever
being made under such circumstances.
The prosecution tried to prove that the
defendant was pOiygamiSt; they only
showed that he was Mormon, ana II
has yet to be shown that there IS any
crime, gentlemen, 10 belong 70 the
Mormon Church. The prosecution have
the burden of proof upon them they
fail to prove the defendant guilty and
vet they ask Us why We have not
brought Lydia Spencer mere 10 prove
him innocentl Now, what possible
motive could the boy Lund have fOI
coming into court and testHying to you
something that was not true? The pro
secution thought it was because he Wa:
q Mormon, but when asked the ques
tion-no, ne was not s. Mormon, he va
not related TO the defendant, h
was not even born in this Territory
The speaker referred to each point .
evidence relied upon By the prosecution
and showed that the presumption Of
innocence which the law had cast into
the scale OF justice, at the time the de
fendant entered his plea Of not guilty
had not been overcome by the te5tl
mOny OF the prosecution, which, n
said, could never justify verdict tina
Alo ,Nk.fu dor IN a
cell.
He closed his able argumsnt with tn
following impressive appeal to the jury
In conclusion, gentlemen, l have but L
express the hope that your verdict II
this case will be such that you viii hav
no reason for regret, nor feeling Of re
morse. on that great day when yOl
shall stand face TO face with this de
PENDANT, at the bar Of the universe, il
the presence of the Great Judge of al
and shall there behold in characters O
living FIRE the words of the Master
With what judgment We judge, V
shall be judged: and with what neasur
ye mete, it shall be measured to 20
again"
Mr. Dickson closed the case for tn
prosecution. We regret thatWe are unabl
20 give this gentleInan's address in full
for though it only contained two c
three points not touched by his assC
eiate, the whole was a much mol
finished display of oratory and reason
ing. The matter was of course as bite
and extreme as the speech of his CO
league, but its manner made it far le
abusive. Principal points are noted. Il
stated briefly and rapidly that if Il
jury felt that certain charges made
the other side, that the prosecution h.
dragged into court q countryman who
they hoped to convict by reason of i
prejud:ces of the jury-then he hope
the Jury would bring into court a We
dict of not guilty, with rebuke TO L
prosecution.
There are three things that the pros
cution must prove-the marriage
Florence DinWoodey, the marriage
Lydia Spencer, and that the last ms
rage took place within the jurlsdlctlC
Of this court. The first we have u
denlably proved; no attempt has be
made to dispute it. AS to the secOl
We say We have proved that some tin
after the month OF August, 1882, and |
fore the 1st of May. 1883, the defenda
took to himself Lydia Spencer as
wife.
This is too serious a matter to