The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-05-10

Variety with consistency is the best test Of
the truth. The testimony all points to the
fact that the defendant was the principal
actor in the killing But there was a
conspiracy between him, Stringham,
Luce and Hickman. Steve Taylor asked the
defendant not to do anything in the matter,
but let the law take its course and the de-
PENDANT said he did not think he would get
any justice, but he would wait and see.
There was a conspiracy, and the testimony
of George b. Spencer corroborates Gushing
upon this point George b. Spencer him
self admitted that he had feelings against
the deceased. Gushing is also corroborated
in many other ways. Alma Williams says
he does not know whether the man he was
chasing, whom he was so close to as to al
most touch, was Howard Spencer or not.
/ do not ask you to believe him on that
point His best Judgment is, or ought to
be, that it was Spencer he was chasing.
The death-bed statement of Pike that
Spencer shot him is of itself the strongest
testimony, and when it is corrobrated, as it
is, it seems to me to leave no doubt that
Howard Spencer slew Sergeant Pike.
The idea of self-defense was held up to
ridicule.
Self defense is always permissible. A
man has a right to defend himself at
any and all times. / believe that
the story told by Orlando Heron is a base
fabrication. Pike had no pistol upon him,
and yet this Scoundrel gets upon the stand
and swears that he saw pistol in the belt
of the deceased, after he had been carried
up stairs. l rejoice to say that l believe
Heron is the only witness who has de-
liberately gone upon the stand and swore to
that which he knew to be false.
Insanity is a good defense, always has
been and always will be- An insane man
L-nnJu hot kn &c hn
does know he is not able to distinguish
right from wrong. We have had the testi-
mony of physicians here upon hypothetical
questions. They are, l say, entitled to but
little weight. After all, when we come to
judge as to whether a man is sane or insane
we must call up our hard common sense.
say the testimony, if you apply the reason,
the experience of everyday life, is utterly
COMPOUNDED. A long time had elapsed
since the receiving of the injury
and the killing. If he had been
insane, his friends would have known it,
and yet even his sister, who was on the
stand, did not dare say under oath that he
was insane. If he was insane, why did
John Y. Green send Steve Taylor to reason
with him: Don't you suppose that Green
knew whether he was crazy or not! | say
there is no case that has ever been known
where three sane men entered into a con
oDlItNN WIFI illShllC ulCtll, anu ULC ldUltE
carried out the compact. After
the interview with Taylor we find him
arming himself, acting in concert with
Strlngham, Luce and Hickman. Men who
compact of that kind don't
usually pick up an insane man as party.
When the defendant stepped up to Pike
and shot him, he came out from behind
Luce and Hickman. He stepped
up to the sergeant, said rs that YOU Pike!''
hot tod 70 thoy, -,
when Hickman steps up to him and said
Git he went. Isn't that the act
of a sane man! He ran loot
race with Alma Williams and
climbed a fence with considerable agility.
Would this indicate that he was in a bad
physical condition! And | say that he was
Just as strong mentally as he was physic-
ally at the time he committed that assault
1t is not pretended that he is insane now
He is man who has reared a family
and performed the ordinary duties of life
1t must be remembered that this killing
was done out of motives and feelings of
revenge.
1t makes no difference whether Pike was
in the right or wrong in striking the de-
PENDANT the blow. 1t is said it was an I'M
provoked assault. We could not go into
that. The chances are that it was not an
assault. Pike was there in the
discharge Of his duty, acting under military
law. 1t must be true that there was
quarrel there between the two men, that
there were words, and from all that appears
in the testimony, Pike may have HAD Just
There is testimony showing
that Pike ordered Spencer to leave, and
that he refused to go. AT the time he was
killed, Pike was in the custody
Of the law for the offense.
and there was no excuse no Justification
for his being assassinated in the street.
There is no pretense that this man was
under a great sense of wrong
under the effects of cruel injury. If there
were you might consider the proposition
Of mitigation, but when he comes here with
such bold, open defense, as he has. / do
not see how you can come to any other con
clusion than that he connived at the death
Of Pike and carried it out: that he is guilty
Of wicked and premeditated killing, and
we ask you to 50 find.