Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-03-13
HUGHES ACQUITTED.
The jury Consider the Case for
Several Hours.

d aver the conclusion Of the argu
5 ments OF the attorneys in tn,
u hughes trial yesterday afternoon
Judge Zane charged the jury a,
follows:
9entlemen 81 the jury The couri
q charges you that tho indictment; In
ms case alleges that Tandy NJ.
hughes. the defendant, on the 10Th
~ OF Soyemoer. 1859, in this judicial
uisIrlet, did Kill one Frank ID. Ro-
hayne, with malice aforethought. To
: Tered plea Of not guilty.
The court charges YOU that murder
T, Is the unlawful killing of a human be-
ing with malice aforethousht. aud
, tnst malice may be expressed or i'm
pned' that II is expressed when there
u manifested a deliberate intention
! uhlawfully TO take the life Of human
oeIhs; that II is implied when the cir
cuinstances attending the killing show
an abandoned or malignant heart;
ana that every murder perpeirated by
person lying in wait, or any other
kind Of wilful, deliberate, malicious
and premediiated killing. Is murder
m the first degree; that an intention 10
Kill upon deliberation must be proved
IN order TO constitute homicide-mur-
der IN the first degree; il the delibera-
ton Is sufficient TO form a distinct in
tentlon TO kill. that Is sufficient; the
elaboration is upon the killing and
not upon the distinct intention aflor it
is formed.
The court further charges you that
| every other unlawful. wilful and pre-
/ L - -.
with malice aforethougat, is murder
in the second degree.
Every person found guilty Of muir
der IN the first degree the law requires
10 suiier death, unless the jury in their |
verdict recommend thai he b. impris- !
oned at hard labor in the peniteniiary /
Tor life. Upon such a recommended |
ton, the court may so sentence Ii /, /
your province, IL you should find the /
defendant guilty OF murder in the first
degree, to mamie such n recommends
lion in your verdict.
The court further charges Won that
manslaughier Is the unlawful killing
OF a human being without malice, and
that II Is Of two kinds: First-Volun-
iary, upon sudden quarrel, or heat
Of passion. and il must be without any
delibe alton or premeditation. Second
involuntary, in the commission Of a
lawful act. which might produce death
IN an unlawful manner. or without
due caution and circumspection.
The court further charges you that
when il IS necessary for one person 20
kill another in order to save his life. or
when the circumstances OF the killing
are such as 10 induce in him 4 reason
able belief that such killing is neceS-
s2ry, the person doing the killing is
justified. A bare fear OF such killing
Is not sufficient 10 justify il. but the
must be sufficient TO |
excite the fears Of a reasonable person,
and the party killing must act wholly ,
under ;he influence Of such fears.
The court further charges You that
upon trial for murder, the commits
sion Of the homicide by the defendant
being proven, the burden Of proving
Of mitigation, or that {
Justify or excuse, deyolves upon him, A
unless the proof on the part of the a
prosecution tends TO show that the
rhine committed only amounts to
or that the defendant
vas justihable or excusahle.
Although You may believe from the r,
evidence that the defendant. immedi- Fl
itely before killing the deceased, and N
" demonstration hostile 20 defendant,
ised toward deceased violent and
ibusive language, and displayed his
'istol tbut without aiming il at de- a
eased, or attempting any assault with "a
r without the weapOn), yet II you q
ind that defendant thereupOn returned
IL pistol TO his pocket, and was
n tie ac. OF backlog or moving away
rom deceased, with the intent, in
God faith, of avoiding further conflict, Is
nd that thereupon deceased tRo- di
laynej advanced towards defendant 81
nd aimed his pistol at defendant in 81
Ich manner or under such circum-
,ances Is would lead a reasonable
ian, situated a. defendant WAS, to b.
eve that his life was in danger. or
lat be WAS in danger Of receiving er
reat bodily harm n the hands Of de- II
saSed. and defendant did 50 believe, tn
nd also believed that such danger he
Is imminent, then charge YOU that FL
would have the right 10 re- n.
n. 10 whatever force should seem to
i'm, as 4 reasonable man, from the
circumstances surrounding him, rs
zen and understood by him at the
loment, necessary 10 prevent the de- 81
,ased from dong him great bodily de
arm. although the means employed vi
suited in the death OF the deceased On
pr would the defendant under such
rcumStances be required 10 retreat
fore firing the fatal shot unless l.
as apparent 10 him that retrea;
light he resnrted to without exposing | &C
m to great danger. lie
You are further instructed that II the ne
cts as you find them to have been ",
iablished by the evidence may be IN
conciled with any reasOua BILE theory r.,
the defendants innOcence,it is your .a'
nv to 80 reconcile them and TO acquit nc n
m. Dt
The Court insiruc,s you that the law TN
II a person Is assaulted in such a en-
" as To induce in him reasonable
lief that he j. IN actual danger OF
sing his life or Of suffering grea.
Oily harm, he will be justified in de-
lding himself. although the danger brr
not real. but only apparent. such
lcrson will not be held responsible ma
II he acis in self-defenSe ser
I'M real and honest convictions as 10 -
. character OF the danger induced
reasonable evidence, although il IN
ould af,erward appear that no injury loo
- Intended and no rial danger ex- n,
cd. l Dn
Inc court further charges that Won IN
mot find the defendant guilty from qua
mere preponderanee Of the evidence. ing
ID If after a candid and careful COLI pea
Grafton of all the evidence YOU have ems
doubt Of the defendants mic
IL. You should acquit him. A bare anC
ssibiliiy Of The defendants inno- tot
ice cannot constitute a reasonable a..
not. The hesitation, disirust or ~
position constituting the doubt lou
1T rest upon and be the doubt Of An
son. per
( you find the defendant guilty,you beg
j state the degree OF the crime, and had
n recommendation as you deem sub
per. II you find him not guilty,
1 will say, ave, the jury. find the
endant not guilty" 4
The jurors wrangled with the nv
e until about 10 O'Clock, some the
ng for acquittal and some for a to a
dict OF manslaughter. At the -
lie stated they came into court
/ asked whether they were al
'ed TO know the limit Of punish "
mt for voluntary and involun- y
y msnslaughter. Judge Zane's
lrge was read 10 them, and they
lin retired. In few minutes
Y returned with n verdict Of not
lty, and Hughes was discharged.
Opera House.