The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-12-24
Raymond Must Rest For Awhile
i'm Jail.
SOME NEW EVIDENCE ADDUCED.
Another Little Tilt Between the Attorneys
The Result of the Inquest Held
Yesterday Afternoon.

JildQG USlOIC uhSO A@ohOJ SNSSNAo0J A--~N-@
ing. Mr.. E1chnor made the opening argu-
ment for the prosecution and he reviewed
the evidence adduced on Monday as fol- |
lows: On Friday evening last Richard j.
O'Brien, commonly called Mickey" was
in Raymond & Johnson's saloon, known |
as the western saloon, and that he was
engaged in playing pool with other men,
A man by the name of Morrisey invited
OiBrien to the bar to drink. Shortly after
ward he walked to the end of the bar and
reached behind it for his lantern which he
had placed there on his entering the saloon.
He was engaged as night sWitchman at the
depot and his lantern was necessary to his
work. O'Brien and Raymond, one Of the
proprietors, engaged in an earnest CONVEX
sation as evidenced by O'Brien shaking
his afore-fnger at ERaymond and there
was no provocation made by defendant to
Justify him in doing as be did, firing three
shots from revolver into o. Brien's body,
the last two of which took deadly effect.
O;Brien exclaimed: tFrank has shot me,
and don't know why he did IT," Expert
evidence has shown that the deceased came
TO his death by gunshot wounds fired by
Raymond, and we ask that the prisoner be
held without bail to await the action OF the
grand jury.
Judge Powers replied for the defense.
He said: IL has not been shown here by the
prosecution that O'Brien was killed at all
by Raymond. Not one of the number Of
witnesses examined have testified that they
were witnesses to the fatal deed. Some
saw defendant before deceased was killed,
some after, but not at the fatal instant.
The prosecution in this case have shown
themselves manifestly unjust by endeavor-
ing TO suppress testimony that would be
favorable to the defendant and all for pur-
poses of professional pride and success.
They have been very careful TO secure all
the testimony possible from men who did
not see anything. The defendant was in
his own habitation, place from which he
was not required to retreat, according to
the contemplation of the common law; the
ground was sacred and any offensive inva-
sion thereon could be iustitiably resisted,
even TO the taking of life.
An individual IS not only iustihable in the
taking of the life of an assailant when he
believes that his own life is in danger, but,
also, when he believes that he is in danger
of great bodily harm. The testimony of
every witness is that the shooting was all
done behind the bar. According to the law
then, the defendant was justified in eject
ing the deceased from that position, and
that the deceased really was behind the
bar is evident from the fact had the bar,
which is admitted as being very high, in
tervened between them, 1t would have been
impossible TO have shot the deceased at as
low point of the body as the abdomen.
After reviewing the testimony Of the wit
nesses the judge asked that the defendant
be admitted on bail or be discharged from
custody.
Mr. Murphy closed for the prosecution,
and said counsel has cast reflections upon
and criticized the action of the prosecution
by the accusation that they have suppress
ed testimony favorable to the defendant
for purposes Of professional pride, which is
certainly unjust. 1t would be reprehensible
on the part of the prosecution as represen-
tatives of the people to introduce evidence
from witnesses whose relationship to the
defendant either by ties of blood or bonds
of business, which would prejudice them
in his favor. If any one who were wit
nesses TO the killing have not been sum-
moned to testify in this case they are of the
class mentioned. We Go not deny that tn {
deceased went behind the bar; he went tC
the end of the bar first for the purpose o!
getting his lantern with the intention of
departing to his work, but was fired upoI
by the accused, but without effect. AT this
point the deceased sprang from the end o.
the bar behind IL, in order to defend him
self and disarm his assailant The state
ment by the defense that the prisoner wa.
justified in committing the deed he did Or
the ground that he was in his dwelling
place is too far fetched. Not
scintilla of evidence has been ad
duced to show that this was defendant:
residence; it is simply place Of business
The homicide was wilful. deliberate ant
premeditated, and we ask that witness b
remanded back TO jail TO answer TO tn
charge of murder IN the first degree.
After MIR. Murphy had closed his argu
nent, Judge Laney said:
1t has been shown that homicide wa
committed; the court after hearing tn
evidence in the case can only determin
what grade of homicide was committed
based only upon the evidence produced i
the preliminary hearing. There are tire
degrees OF homicide, viz: 'EXcusable
'.iustifiablen and 'felonious,n defined a
follows: Excusiable homicide is eXcusabl
when committed by accident or misfortune
or in doing any lawful act by lawful means
with usual and ordinary caution and witt
out any unlawful intent, or when commit
ted In the heat OF passion, upon any sue
den and sufficient proyocation, when no III
due advantage is taken, and when Il
dangerous weapon is used. Justifiab
homicide is killing committed by publ
officers in obedience to any Judgment OF
competent court in the execution of som
legal process, or in retaking felons VIII
have escaped, or heelng from justice or re
sisting arrest E'elonious homicide
committed by the execution of premed
tated design, unlawfully and maiiclousl,
TO effect the death of human being an
eyidencing depraved mind regardless c
human life. In the courts opinion, th
accused is guilty of felonlous homicide. d,
hberately planned, and is therefore ordere
back to Jail TO await the action of the gran
jury.
THE INQUEST.
The coroner's inquest was resumed
the undertaking establishment in the afte
noon. Frank Kelly, who witnessed Il
trouble between Raymond and O'Brie
testified that his attention was attracted
the men when they engaged in the alterc
ton at the end OF the bar. He saw O'BriC
try TO slap Raymond, but did not reaC
him. Raymond told O'Brien that he didu
want anything TO do with him, but the
soon got to iangling again and O'Brien b
him in the face, knocking him down. I
then picked up beer glass and threw it
Raymond, who was still on the floor. II
latter at once fired three shots, two
which took effect.
This was eli the new evidence adduce
A number of other witnesses were e
amined, but their testimonyswas the san
as given by them before.
Jurors Smith, Ross and Levy then I
tired, and in a short time returned wi
the following verdict:
1--WE do find that the deceased, R. J
O'Brien, came to his death from the effec
of gunshot wounds inflicted by the hand
f. L. Raymond, on the 18th day of Decor
Der, 1890, in the city of Salt Lake, terrific
of Utah."
O'Brien's body was taken to Ogden
relatives yesterday for burial.
sprrJuEN CkSRS