The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-12-14
In THE OLSON CASE.
The Full Text of Judge Powers
Argument.
THE EFFORT OF HIS LIFE.
an Eloquent. Mastery and Effective Plea in
Behalf Of His Fair Young
Client.

rev criminal cases nave ever been Tried
which attracted more attention than that
of Amanda Olson. the slayer of Frank
Hal. The case was called up in the Third
district court on Thursday, November 4th,
and the trial was not concluded until
Wednesday, December 10th, when the jury
returned d verdict Of acQuittal. II was a
most interesting case from the beginning
and the great legal battle was watched
eact day by a crowded court room.
Messrs yarian and Critchlow conducted
;he prosecution, and they left no stone un-
turned to make out the strongest case pos
sible. Judge Powers, who appeared for
Miss Olson, iabored with unceasing zeal,
and Oh Tuesday last he made his great
argument to the jury. The address &C.
cupied three hours, and it was listened to
with intense interest by all present. In
his argument Judge Powers presented the
whole case, analysed all the evidence, and
made a mastery appeal for his client.
Those who heard 1t unanimously pro-
nUunced it the effort of his life, and the
synopsis which appeared in the press
awoke such an interest that The HERALD
decided to publish the plea in full as it was
reported by Frank Z. McGurran, the Of
fetal reporter of the Third district court.
The argument was as follows:
May it please Your Honor and Gentlemen of
the Jury:
Those OF US who recall the night of the
29th Of September last remember that it
was a night when the sky was overcast
with clouds. 1t seemed as if the long sum-
per days were coming to and end. The
or l,l
yelled. When we opened this case there
were clouds that overhung this valley, the
rain fell, the snow descended; but this
morning, as we turned our eyes toward the
east, we saw that the glad sunlight was
streaming down upon contented happy
homes. May l not consider that a good
omen, an omen that in the life of this little
girl whom l have been trying to defend
during the past five days, at last the sun
light Is to enter once more; that when this
case snail have been submitted to you, by
your verdict you will say to her, "Go forth
and battle your brow in the pure air of
hberty.n May not look upon these rays
Of sunlight as indications of the verdict
she will receive3
This is a case in which the gravest
responsibilities rest upon US all. So far as
have been able to learn, this is the first
time thata woman was ever placed upon
trial for her life in this court room. 1t
shows that woman's hand is not often
stained with blood, Eand it indicates
that when she is placed upon
trial, charged with
THE GRAvEsT CRIME
MN, -, -,-,,,,,,,, ,,r,, H.,
the responsibility upon the court, the re-
sponsibility upon the prosecution, the re-
sponsibility upon the defense, and the re-
sponsibility upon the jury, is deeper,
broader, heavier than in any other case that
can be placed before twelve men. You
should be pleased, however, that you have
been selected as twelve men into whose
hands have been placed the life and the
liberty OF this little girl for you will have
the opportunity Of saying to the world Just
what value twelve men of Utah place
upon woman's virtue.
shall advance to you in the discussion
of this case two propositions, both of them
connected. The first, which would be un-
sustained by the law if it was not taken
into consideration and discussed with the
second, is this: that the man who seduces
an innocent girl earns his death. The sec
ond is, that the hand of Amanda Olson
could not have been stayed, even though
she had tried. And in the discussion Of
the case these two propositions will be-
considered by me conformity.
First of ali Leu US look at the crime as il
is laid down in the books, and let us see
what it is that we have to try. The coun
Bel for the prosecution has directed youl
attention to the fact that the indictment
contains the elements OF other crimes than
murder n the first degree, and has argued
to you that even though you are unable tt
find verdict OF murder in the first degree
you may possibly be able
TO CONVICT THIS cIRI.
OF some one OF the lesser crimes.
propose to show you that his position i:
inconsistent; that this is case whert
either the highest offence known to tbs
law has been committed, or else this girl is
not guilty morally or legally; and want t
say 10 you now, that she spurus any cOmpro
mise verdict. Sic demands Of you tnar
you shall do your duty, and il you believe
beyond a reasonable doubt that she is
gullty OF q wilful, Dremeditated and cold
k4DDuCu 4-AuLNEI, bLasA } DA S4ksill ASltNCI EOll
verdict. ana say that she snail be offered
W as q sacrifice &c the law. On the other
hand, she also says, through her counsel,
that IL yea have any reasonable doubt as
70 her guilt that she shall have the benefit
o. that doubt, and that she shall be
acquitted. No verdict would be worthy OF
you except one OF murder N the first de.
gree, without recommendation 20 mercy.
or a verdict ii not guilty. And ] viii state
the reasons Tor that proposition; Tor we are
not here to dodge anything; we are not
here 20 seek for a compromise; we are here
simply TO ask and 10 demand our rights and
nothing more.
Under cur statute murder is the unlaw
tul killing OF d human being with malice
Rforethought Such malice may be ex
press or implied. 1t is express where
there is Z manifest or deliberate intention
unlawfClly to take the life of fellow
creature. II is implied when no consider
able provocation appears, or when the cir-
culnstances attending the killing show az
abandoned or malignant heart. Every
murder perpetrated by poison, living il
wait. or any other kind Of wilfuI deliber
ate, malicious and premeditated xii
ling, or committed in the perpetra
ton or attempt to perpetrate an,
arson, rape, burglary or robbery, o.
perpetrated from a premeditated desir,
unlawfully and maliciously TO effect tn,
death Of any other human being other thar
him who is killed, or perpetrated by any
act, greatly dangerous TO the lives of other
and evidencing a depraved mind regardless
OF human life, is murder in the first de
gree: and any other homicide commute,
under such circumstances as would hay,
constituted murder at common law,
IS MURDER 10 THE SECOND DEGREE.
Nov. what do the facts nresantad l,, +l,.