The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-12-14

would be in the peace of the people. In
other words, it must be one who is not
waging war upon the king or war upon the
commonwealth.
MEN GO TO BATTLE
against the commonwealth, they array
themselves in numbers, it may be
twenty or it may be as many thou
sands, and they open war and they kill
and 1t is not murder. What are they seek
ing to do at the time. They are seeking,
when they go to war, to overturn some
principle OF society, to change some
law, to depose some king, or to
overthrow some government. They
open war upon the commonwealth and
upon society as it is then established. l
put 10 you the question as to whether
Han, when he went there and deliberately
lalo siege to the fortress of this girls heart,
dld not open war against society-whether
ne was at peace with the people of this
commonwealth. From time immemorial,
the virtue OF woman has been held sacred.
From time immemorial mankind has wor-
shipped the woman who has kept herself to
herself. Virtue is the foundation of the
state, 1t is the corner stone of the home.
Upon it we rear our hearthstones. and
around it we all of US gather to worship.
And so L put to you the proposition,
whether the seducer does not cease to be in
the peace of the community. Does he not
make war upon the great fundamental
principles of the state and of society. In
other words, was Hall in the peace of the
commonwealth at the time that he was
shots Was he not warning against society,
and mad ne not been warning against that
which is the most precious treasure of the
entire commonwealth Men have laid
down their lives before this for something
that was lar less valuable than woman's
virtue. Men have followed defeated ban
ners to death for something that was far
less valuable than woman's virtue. This
man, L say, was a social outcast, social
outlaw, who was at war against society at
the time when the hand of
AMANDA OLSEN HELD THAT PISTOL.
Then again there must be malice. either
express or implied. Malice is implied from
the act itself, but there can be no malice
when there IS not perfect understanding,
when there is not sound memory and dis
erection. In other words, if the party who
is charged with the killing has not suffi
clent control over mis- own faculties to be
aware that at the very time that the killing
is done, that he is doing that which is un-
lawful and morally wrong, and that which
is not right, then he has not sufficient un-
Outstanding to hold him responsible, and
the law does not presume malice in such a
case as that
Before we proceed any further, draw
your attention to something which the
court Will charge you upon, and which you
have heard repeated to you both in argu
ment and in the charge of the court time
and time again, and that is, that every
, person, man or woman, placed upon tria
in a court of justice is presumed to be In
nocent until proven guilty. And before
| that presumption Can be overcome they
} must be proven guilty beyond 6
reasonable doubt. There is reason
| for this rule, as there is for all the wise
rules of the common law that are part oil
the very life of our people. 1t grew from
| the fact that the prisoner at the bar is al
ways looked upon with suspicion. that the
money and the influence of the common
wealth. You know that far too often &
l man charged with crime is Immediately de
r nounced in advance Of his trial as guilty
The public press, the public itself seem tt
. assume that such charge would not bt
made unless there was some foundation
9 for it. And so the law-the law that would
always be wise and fair-says that every
person is presumed to be innocent, anC
shall not be declared guilty so Ions
as there rests in the mind o.
: any one juror of the twelve
t a reasonable doubt about il. That is
: the law, as old as the English speakin.
I, race, coming from that time whence thu
e memory of man runneth not to the con
Y trary. 1t is the common law in force wher
e ever is spoken our language. 1t is part o
j. the very life of our people. 1t is one of tn
t things that we have always chung to, il
5 connection with the right of trial by iur,
of twelve men, the right to be confrontet
by witnesses, the right to hear read tn
charges, the right to be present when tried
and, when tried-the right to be tried be
fr,,, ftf,%
nocent when the trial starts, and that say
: eve will not convict you until all reason
r able doubt is driven out of our minds b.
e the prosecution" for it is far better tina
ninety-nine guilty men should escape thai
}. that one innocent man should be III
L INJURED for single moment
+ IN THE PENITENTARY.
:, What terrible thing it must be upon tn
+ minds of jurors who render a verde
Y about which they have any doubt, whe
t they see the doors of the prison swim
o open, and when they see enter therein tn
Il man charged with crime about whose gull
Y they have some question 1t is said tina
f uneasy lies the head that wears a crown
t Uneasy upon the pillow must rest a hea
: that would thrust any man or woman int
d the penitentiary unless their convictio
was as clear as sunlight that the man O
r woman was guilty. | direct attention {
S this in order that you may see what tn
e prosecution must overcome in this case
: and because L am approaching that poin
T in the course OF my argument where it be
y comes proper for you to consider what
e to be proven before you can find this gil
), guilty.
d 1 have pictured her to you as she wa
! before the serpent entered that household
It Why is it that when we are the happies
r trouble seems to be the nearest VIII
3. was it that away back, when the curtain
1t were first rolled upward and man first er
s joyed all the beauties of Eden, that th
e serpent was allowed to coil his Shiny fold
L therein! Why is it that in our own live
t. when we feel that we have all that "
IS could ask for, trouble, in the form of tn
'e serpent, must come! We have reached til
10 point where into this household the Sc
IT pent came, and it had coiled himself b
e that hearthstone and was gnawing at tn
70 girls heart, and 1t was running her lif
If Her mind was failing, physically she w;
:; failing, every way she was changing.
e went on that way for ten months HI
l. father
- DID NOT KNOW WHAT ALLIED HER,
e. her mother did not know VIII
re- allied her. They did what the
rs could for her. The old gentleman said
lie you, land my brother criticises it, becau.
IN he don't seem satisfied with anything ADO
this case-5omehow or other this case don
at please him at alD in answer to the questio
at why they didn't send for doctor, said tn
l. the girl had reached the age of twenty on
n and he felt that if she wanted doctor 81
N might send for him herself. She did n
30 lay her heart before MIN. She kept it
IN herself. There was nothing strange
that He did not know what allied her. f
simply knew that this man had gone ava
and he felt that that was the sole cause Of i
ou and SO, as he said, he used every endeav
rs to cheer her up, and said to her, 'Perha