The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-12-11

COuSISteut Will Tue lnnOcoNCe VI Tic uG-
PENDANT, yon should acquit her.
THE court further charges you that the
| law presumes the sanity OF the defendant
until such presumption is overcome by evil
dence before you, and that the same Is not
overcome alone by the act of killing, but II
you have reasonable doubt, in view OF the
evidence, considered with such presump-
ton OF sanity, of the mental capacity Of the
defendant, because of intellectual or emo
tional arrangement, or because of both, to
understand the nature of the act and its
consequences at the tune of the killing, and
to distinguish between right and wrong
with respect to it, you should find the de-
PENDANT not guilty. y
You should not find the defendant
guilty upon mere preponderance of the
evidence The evidence must convince
you beyond reasonable doubt. A mere
possibility of innocence does not amount to
a reasonable doubt. The superstition con-
shutting the doubt must be one that you
can, as reasonable men, say is reasonable.
THE court further charges you that-in
making up your verdict you should con-
sider with all the other evidence, the de-
fendants previous reputation as well dis
posed, peaceable and orderly woman, if you
believe from the evidence she had such a
reputation.
1.-The court further charges you that you
are the Judges Of the credioility of the wit
nesses who have testified before you; and
in judging of their credibility you have a
right to take into consideration their de-
pertinent on the witness stand, their ap-
parent frankness and candor, or the want
of it, the opportunities of the respective
witnesses to know, and their capacity to
remember, that to which they testify; the
fact that their statements may be reason
able Or unreasonable In the light of all the
! evidence, and any fact in evidence which
IN your Judgment affects the credibiiity of
any witness or witnesses. In weighing the
evidence you should consider IL imparti-
ally. Yousshould consider it all, and in so
doing you should give to the testimony of
each witness and TO each fact and circum-
stance in evidence, such weight as you
think 1t is entitled TO in the light Of all the
evidence. You are the judges, gentlemen
of the jury, of the facts of the case.
Under the Indictment upon which, &C
cording to the evidence ana the law as
given you By the court, you are to make
your finding, if you believe the evidence
warrants, you may tind the defendant
guilty of murder in the first degree; and in
that case the punishment is oea,h, unless
you should recommend imprisonment at
hard labor in the penitentiary for life.
With that Recommendation it is within the
discretion Of the court to impose imprison
ment as the punishment, or death. Il you
believe the evidence warrants, you may fms
the defendant guilty of murder in the
second degree. To that crime punishment
different in degree is attached. If you
believe the evidence warrants, you may
lind the defendant guilty OF voluntary man
, slaughter, or you may tnd her guilty Of in
voluntary manslaughter; or under thi
Indictment you may find her guilty of as
Sault, or Of battery, if you believe The
evidence warrants If you find the defen
dant guilty, you Will name the offence Of
which you find her guilty. If you find hel
not guilty, you will simply state. the jury
find the defendant not guilty.
IT GOES TO THE JURY.
The case went to the jury at exactly
1l:l5, Bailiff Parsons escorting the jurors
to their room.
The general opinion among the attorneys
was that Judge Zane's charge was very
fair.
As soon as the jury went out recess
was taken for few minutes, but none o
the spectators left the room AT II 30 Judg,
Zane again assembled the bench, and tn,
court resumed its session.
VERDICT OF NOT GUILTY.
At II 30, after the jury had been GU
thirty i've minutes, Bailiff Parsons en-
tered the court room and announced tina
an agreement had been reached, and Judg,
Zane ordered nun TO bring tae jury in. a.
the twelve men filed into the room ant
took their seats in the box, all eyes were
turned on them, aud each man was eagerl,
scanned by the crowd, who tried to read tn,
, verdict in the expression of their faces.
, a dead silence Dervaded the room wher
Clerk McMillan2called the roll
, Have you agreed upon verdict gentle
menu asked Judge Zane.
Yes, sir, replied j. f. Grant as h
passed the verdict up to the clerk.
Mr.. McMillen then read the verdict
which is as follows:
The people VS.. Amanda Olson. verdict: We
the Jurors empaneed IN the bove case, find tn
defendant, Amanda Olson, not guilty
JOSHUA +. GRANT, Foreman.
TIE PUBLIC APPROVES IT.
Then followed such a scene as was neve
witnessed in the court room before. Th
feelings of the immense crowd OF spectator
were expressed by loud cheer which wa
followed by burst of enthusiastic ap
plause. Judge Zane demanded order, bu
it was some time before quiet was re
stored. Then the bailiffs WHO hai
been stationed about the room
to prevent any disturbance, brough
before Judge Zane colored man named
e. Gordon, who had clapped his hands. II
was fined s. and discharged. While tn
I
room s. bill was thrust into his hand
and he returned and paid his fine.
MISS OLSON CONGRATULATED.
Miss Olson was Immediately surrounde
by crowd Of friends and her mother sur
ported her while she received the enthusi
! astic congratulations OF all who could &c
near enough to speak to her.
Judge Powers, whose mastery defens
, was the subject of favorable comment frol
the beginning of the case, came in for hi
share of congratulatien, and his hand wa
nearly wrung off by his admirers.
THE CURTAIN FALLS.
? Thus ended the most noted criminal cas-
' ever tried in Utah.
NOTES ON THE TRIAL.
The twelve men who composed the iur
were G. H. Doran, David Thomas, Jane
Bourne, Charles Ellison, j. f. Grant, v
! a. Taylor, David Pearl, j. NJ. Crabbe, Wi
: liam Anthony, D. L. kriegbaum, j. N
Cahoon and James Ashman.
On the first ballot taken by the iur
after retiring TO their room, every balic
was for acquittal. a verdict could hav
e been returned within three minutes br
: the jurors evidently thought they woul
q stay out little while for FORMS sake
During all the long trial Miss Olson nevt
: lost heart, and although she was undt
t great tension, she recovered her spirit
e after the trial. Her relatives in the o.
d country are quite wealthy, and it is under
: stood that her parents will send her on
: visit to them shortly.
. The Times last night published cock al
: bull story about Mrs. Hart bayir
Z threatened to Kill Miss Olson. No or
believed it, and hence it failed TO make an
d impression. The same paper, by the wa
. published a picture of Miss Olson whit
: ought to be good grounds for a libel snit.
;. The great case was bitterly contestc
U from the beginning. The prosecution ce
, tainly left no stone unturned to secure
q conviction. and Judge Powers worked