Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-09-26
THE VERDICT GIVEN.
Eyman Found Guilty Of Voluntary
Aaksiahghter.

a .
1 Kelly when the shot was fred.
p The witness was 90 indefinite that
his testimony was ruled out by the
; court
This closed the testimony for both |
sides and the opening argument for /
the prosecution was made by Mr.. |
Hamilton. He commenced by de- |
filming the various degrees Of murder |
and manslaughter, and then caIlei |
attention to the positions Of Kelly,
Wyman and the witnesses in
Franks saloon on the night Of the !
tragedy. He then reviewed the |
evidence OF each witness and |
claimed that the whole OF the tesli- |
mony showed that deliberate muir
der had been committed BY the de-
iendaat, and lie urged the jury TO /
DO their duty and return a verdict 1
Of guilty of murder in the first d.
gree.
Mr.. Dicksonepenel for the de-
fense. He occupied the entire Time 1
in discussing the evidence, COM /
mencing with that Of Condon. He 4
held thatthEt gentlemsn's testimony 4
was f'sR OF glsriRg Inconsistencies.
and severely cI,icizei IL. In clceipg 1
I he claimed that nothing more than /
a verdict ofiavOluatary manslaugh- 1
/ ter could De found.
A recess was then taken until 7.so /
Z 2. M.
IN the evening every -est In the
court room was occupied, and the
crowd was 20 large that many were
unable 10 find seats. Among thu
Spectators were number ef ildEs-
who wished 20 hear the arguments
in the case.
Judge Powers made the closing
address for the defense. He COM
menced by analyzing the evidence
and marshaling up facts 70 -uBport
the theory Of the defense thar
kelly's death was due 30 tie ay6I-
dental discharge Of the rife in
Wyman's hands. The crime
charged ny the Prosecution was one
that was contrary to the defendants
whole life. The evidence showed
that Wyman had always been a
quiet, pesceable citizen, student
and a gentleman. When Kelly
used that terrible language 10 the
high strung, nervous Wynisp. cast
ing AN imputsticn Bpon his honor
and rejecting upon the memory OF
his saintci mother. but one thought
filied the defendants heart, and that
was 10 make his assailant retract.
With the idea that a show Of force
would Produce this result. he got his
ride from his cabin and hurried sack
70 thesaloOn, ON reaching The doora
rush was made towards him ami the
hand Of aaffany struck the gun
down and 1t was discharged. Mr.
Wyman did not, Of his vOlition, fire
that fatal shot. II he mad no muir
der in his heart. il he intended 10 {
kill no one; If the shot was pure'y {
accidental, thea he was guilty sim
ply Of a misdemeanor, and long
months which Wyman had spent ia :
his cell had been punishment
enough for that offense. Judge
Powers closed by making an appeal
to the sympathy Of the Jurors aud
urged them 70 return a verde. Of
not guilty. ii
Mr.. Critchlow then made the
final statement Of the case ami con-
cluled his address at IO:I5. Judge
Zane at once Proceeded 10 charge
the jury. He first defined murder !
IN the first and second degree. vol ,
untary and involuntary manslaugh-
ter. The remainder Of the chaT.-e
was generally considered 10 besome-
what favorable 10 the defendant. Ii
In anticipation that the verdict Ia
the Wyman murder case weull -
delivered At 2 o'clecs this iuUrain-,
4 number Of persons had c0n.rrSaL- I
ed in tho court room ana around The =,
approaches thereto some tim. before
that hour. Half-past nine came.
however, but still there was nothing q
TO indicate tle advent ~ the d
twelve good men AMI true, AMI {
gradually those who had assembled {
moved away. At quarter before 4
ten Assistant District Attorney
CritchiOw put in an appearance, :
sauntered leasurely abOu; The room c
and then went out again. Fiv,
minutes before the hour Mr.. iliek-l
son, ore Of the attorneys 10. the
defense, arrived, and pInctually at !
ten O'Clock Julge Zane entered and q
took his seat upon the bench. fol- {
lowed Immediately by Judge Pow d
ers and other members Of the bar. :
At this time there was a large at z
tendance OF the general public, anu I
the approach Of the jury Wa NO !
meutsrily looked for after the Gus Z
tomary f0rmaliiies attending the [
opening Of the court had ben gone !
through.
But no mapt.on Of the Wymau :
case Tas made, aud At 1918 the
jury box was still minus It's .cc.i- Z
pants. From then pntii half-p2st J
ten the court was engaged In the I
tran action Of matters OF minor i'm !
portance, and presently n vhisafT
ran around that the jury fwiiO hid =
been locked g9 -; night had not
yet agr~s-s;. This proved, on in !
qgiTy, % be correct, though nothing I
could be CLEANED Is 10 the impede :
-nent in the way OF the jury find- Q
ing. |
At a quarter before eleven the !
following case was called On and y
the trial proceeded with:
IT WAS A CUSTOM THERE.
Daniel Darrah, n Isboring man, !
was charged under an indict- J
ment with robhing William; Maine {
of the sum OF $i.I9, on Sept 4ih. I
Mr. a rfslstr.ng defended
Prosecutor, a stone cutter, resides I
IN Sullivan ST, this city. and on |
the date named met defendant in
Hegeney's saloon. Maine handed :
Mr.. Hegeney about 50 to take care Q
Of for him retaining a small amount
il his vcst pocket Later on he J
treated defendant and another man
named Barker, 70 liquor. An hour {
or two later he missed the money
from his pocket, but, he now ssid, q
he was unable 10 tell what became |
Of it.
It WAS shown by the evidence Of {
independent witnesses that the
prosecutor was under the influence 7
Of drink when at the saloon, that he I
pulled out a handful of small change, c
and EXPRESSED a wish 10 treat some '
OF tfoss, present. The defendant. il '
was alleged, WAS seen 20 take the =
money shortly afterwards, from !
Names pockets, but when attention
was directed TO the fact, defendant Z
handed the cuin over the counter 10 c
the proprietor Of the saloon, which z
i situated near the Rio Grande de- :
rot, remarking as he did 20 that he
would not have taken the money
from the prosecutor only that they
were sold friends" and that he did s
not want to steal it.
In au answer to Mr.. Armstrong,
the witness Regency said that ms