Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-12-10
ropAY,s PROCEEDINGS.

courts OF law in regard TO cases
this description, where the questi,
o. sanity was raised. Il must
paipa5le to every rejecting min
= ne said, that every disturbances
the moral and mental nature coul
not be permitted 10 excuse. palIia
or justify criminal acts. In the We.
nature OF things il vas absclatrl
and imperativ-iy necessary tn:
there should be some settled guild
1t was always Difficult. with an
degree OF accuracy 10 81
what WIS the precise co,
dition OF a persons mind I'll an
given time. This doctrine OF irr.
sistible impulse was not recognize,
by the law, and they could readil
see the reason therefor. Lit wer
80 recognized they would be putin
eudgel into the hands of ever
man or woman inclined 90 cOmmi
murder, to lie used effectively an,
seriously against society. n,
question was, did :::.s defendant, q
the TINA sne committed the 4, IA
J ar, know that she was doing wTons
! and have The power to restrai;
herself. He contended tia,
she did, and that st tn,
time she wrole the iettel
aud purchased the pistol 81,
was IN full possession OF her faeul.
ties. The defense Of insanity
seemri 20 have been presented for Ia,
hrst time at this tTIaI, and it came
ID such Questionable shape that lie
would not be doing his duty If he
! failed to challenge il. The medical
WITNESSES hal not stated that this
girl Was insane; they only assumed
It. Had not the defendant, heasSed,
tie capacity 10 resist the writing oi
that letter, the purchase OF the pis-
tol, AMI tie lying in wait for Han
ON his way home: Rather ii! she
not plap Hall's death on the Sun
day. anu determine 10 carry out her
resolve? He submitted THAI she did,
ami that motives Of jealousy and It
venge alone actesiel her, anu this
he asked tie jury 10 believe. The
defense Of insanity was iI..,rcred
into this case 70 induce the jary to
10 sometIing that otherwise they
Sc.id hot. He thought the true
spring Of this young wonan's action
S;is To be- fund ia her jsaiousy aud
love for Hall.
IDaG tOc, was sensational anu
dramatic scene, when counsel for
the defendant, IN hi- eaEu.S.nesS,
almost thew hieseif iuto the
jury-bcS sni declared that h.s
client would net accept any conn
promise at the Jury's 'hanGs-that
she was either gully OF murder in
tie first degree OF nothing; but,
said 8lr. NaTisn, the jury were TO be
governed by duty under ald Il de-
cordancs with tie law.
C0unse! then proceeded to discuss
the testimony from the standpoint
u the defense, renarking that the
court had to rely almost entirely up
on the evidence Of the defendant
herself, who was not az uniuteresied
witness, but, on The other hand, a
WilPess controlled by the most
powerful motives o. interest. Her
statements should therefore be taken
with caution. The accused herself
was tine only living witness who
had n true knowledge Of thpse dis
putei facts. Hall, the murdered
man, WIS lying in his grave, his
lips scaled, aud not until the morn
ing Of the Te.ILeectiOn would
he bc able TO tel what
occurred. Tie accused constituted
herself his judge, jury, aud exccu-
iioreT, ami ru;hisssiy carried out
the sentence which sine herself had
pronounced, sending him suddenly
into eternity with ali MS uufyrgiven
sins upon his head. Dill she not
now stand IN Position where her
conduct shOull: be critically ana
iyzel and her te .imsnv uis=ecltd? I
BY her own net sie hal taken away /.
the life Cf the only person WHO, Ut-
sides herself, could ;.r1W any liEnt |
upon this st5rt. In face OF
the conclusive evidence that /
she Old form the intention |
of killing Hall. the accused came
here and declared that size did not;
and when asked 9hy she commit
ai the fatal get heTepiled that She
i-did not know" There was sniuie
evidence that she had a conscious
aess u wrong then; Sad sac knew
Is new. She E.s,: ir,.v.- wr-a red, anu
lacror-ilS 20 her owd nc
ONT with an lie and cgn'emp,u-
gus laugh ~;hich hsa sting her 10
he very s.uL All lae srath of her
woman iSv. laf been thrown al
.he feet Of tlis man; us ilampied
IpCu u. nuJ heT fell
ngs changed. SIC turned
,gainst hcr hetTayeE aai against
Mrs. Hart, ani tlen and there de-
erminei 10 avenge the wrong she
lAI suffered. a lslse verdict. ssiu
'0unsel, would Tot only have is
anefGi effect upon the public LOW,
w upOs future geneIat--is. Let
he Jury take this cas- and Deal with
: rs It's magnitude demanded.
the necessities Of society required
hat be should stand there ant
inter- his protest, as the law officer
u this Territory. AGAINST thc ub-
and wicked prejudice and
which had been brought
0 besr upon this ease. ;eiit-
ng 10 UGduly influence tine
GTy without regard u tie law or
he evidence. Heasked them, how
ver 10 do their duty fe5riessiy aud ,
rega-ales Of all cen
Judge Zane commenced his charge
Q the jury by explaining clearly
he Law bearing upon the charges OF
murder and maa Slaughter. The
,w, so far as he thought is neceS-
arr 30 charge them. - u murder,
vas the unlawful killing Of hu
lan being with ma.iceaforethought.
uch malice might be expressed Or
implied. Ifthe jury, he said, could
ecouc!ie the evidence before them ! ,
n any reasonable hypothesis con-
isten; with the innocence OF the :
they should .scIJ:it her. +;
The law presumed tue sanity OF 4
efenGan. until such presumption :
'as overcome by the evidence before
le court, though overcome not
lone 10y tie act Of killing; fer If |
&c jury h2.i 4 reasonable COuut, IN
lew of the evidence, considered
18th such presumption o. sanity. Of {
ne mental capacity Of the deisnd-
OF intellectual or enc I
onal arrangement, or because Of {
oth-.o understand the nature OF
ne act and its consequences at the
me Of the killing, and 10 distinguish
etween right and wrong with re- :
,ect toit, they should find hsr not
uilty. They should net find n
eriict Of guilty upon the mere
OF the evidence.
Inch must convince them beyond Z
reasonable doubt. = mere pOssi-
ility OF innocence did not amount,
owever, 20 = reasonable doubt.
ne supposition constituting
Quit must lie such as any reason
Die man could say was reasonable.
4 arriving at their verdict the jury )
,o-,it c1nsitIer. with all the other ,