Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-05-14
THE THOMAS TRIAL.
The 5afy Bring I'm a verdict of Not
Guilty.

YESTERDAY afternoon DR.. Benedict was
called to the stand and testified to having
examined the wounds on the negro's
head. He failed to discover any fracture
Of the skull. He saw officer Wilcken hit
the negro several times over the head
with revolver when down in the ditch.
John Arid being recalled gave evidence
substantially as before. Gus King testl-
fed in pretty much the same manner as
DIR. Benedict concerning the unfortunate
affair. James White of the Fire Depart
.ment gave rather disconnected testi-
monv as to what he saw or thought he
saw in the city marshal's office. He saw
the prisoner hit while in the care of the
officers, and saw the darkey on the floor.
William Hilton brought the news to the
iail that Captain Burt was dead. lie
said to defendant, "do you know what
that man has done; he has shot and
killed Captain Burt" Heard cries out
side for the prisoner, and saw the crowd
get him.
THE DEFENDANT, THOMAS F. THOMAS,
Was called to the stand and gave recital
of the entire proceedings of the affair
from first seeing the negro at the Ele-
phant corner until he was strung up by
the crowd outside. He testified that
while searching the prisoner, who accused
the defendant of being "lying, thieving
son of a b." word was brought that
an officer had been shot, and defendant
remarked that the negro ought to die.
His testimony regarding the searching,
going to the cell, the happening inside
and outside were very much the same as
given by others for the defense.
Mr.. Varian opened the
ARGUMENT TO THE JURY >.s
For the prosecution, and compared the
facts given in evidence by the pros
ecution to the doubtful knowledge of
witnesses for the defense in the matter.
Mr.. Rawlins followed, admitting no
violence gwen the negro by those in
charge, with the exception of a single
slap.
An adjournment was taken until 10
O'Clock this morning and the twelve ex
hausted looking jurymen were disbanded
for the night.
To-DAY'S PROCEEDINGS.
At the regular morning hour, Court
opened with all the jurymen and coun-
sci present. Mr.. Richards began his
speech of about twenty minutes, with an
attempt to ignore and denounce all the
evidence of the prosecution. He went so
far as to comment on the desire of the
prosecution to convict the defendant, in
all of which, he afterwards said, he meant
nothing wrong or insinuating.
Mr.. Varian spoke at length and clearly
set forth the facts as given by four wit
nesses who saw the prisoner assaulted
The purposes of the law in any country
were shown. Every person is entitled to
protection and fair trial under all cir
cumstances, and although the negro was
a dangerous, bad character, who right
fully merited death, there was legal and
proper manner by which to mete it out
to him, instead of taking away the power
of the law.
After the defense and prosecution had
finished their arguments to the jury,
Judge Zane started to charge the Jury,
when he discovered that the charge of
battery was not in the indictment, and his
remarks were governed accordingly. He
spoke of the necessity of taking into con-
sideration the provocation and every cir
cunstance connected with the affair,
and if they found defendant
equity of assault with dead
ly weapon with intent to do bodily
injury" say as much, and if not
guilty, say eve find the. defendant
not guilty" -.s.s}te f..ast..s 5!
Judge Zane, in spite of the Herold's
continued denunciations OF his rulings,
charged the jury to consider carefully
the manner of witnesses on the stand,
and the credibility of such. His charge
was as strictly impartial as could be
given. AT rs the jury brought in a
verdict of not guilty.