The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-10-24
PROVO.
SATURDAY
October "a
MURDER IN THE SECOND DEGREE
And the Jury Recommends Brown to the
CIemency OF the Court

And the Jury Recommends Brown to the
Clemency OF the Court
First district court opened yesterday at
$3.50 d. NJ, and a large attendance waited
for the judges Instructions to the jury in
the case of Brown, charged with wife muir
der. The man about to receive his doom,
and his brothers, sisters and relatives, as
sumed a doieful demeanor
The Judge prefxed his charge with the
customary instructions about every man
being innocent until he is proved to be
guilty. The jury was to Judge of the credi-
bIllty OF witnesses and consider their IN
terest in the case through relationship or
any other ties that would influence them.
He read the statutes N reference to muir
der u It's different deg rees, and stated that
II this was any crime IL is murder in the
nrst or second degree. The statutes were
quoted pointing out what constituted the
Inherent degrees of murder, and the Jury
was told that 1t was to determine under
what head this came, if it was crime. If
the jurors were of tne opinion that the muir
Ger was premedltated and that tie defend
ant acted regardless of human life aud that
he showed malignant heart, it would be
murder IN the first degree, and
under other circumstances it would
be murd er in the second degree.
II verdict OF murder in the first degree
was found they would have the privilege
OF recommending him to the mercy of the
court
As to insanity, the Judge stated this was
legitimate defense Tor any killing To
say that man Is insane is not defense
but they must prove that a mans mind
was dethroned, that his reason was de-
stroyeu, and that ne was Incapable of I'M
Outstanding his acts, and also that if he
was influenced by insane decisions beyond
the power ef resistance; then there is a
case OF insanity. Insanity must have
something to do with the commission of
the crime. The crime must grow out of
the man's insanity.
In reference to the burden of proof, the
law presumss the man to be sane until he
proves himself insane. If the evidence
SHOWS insanity then the burden of proof
lies with the prosecution to show the in
sanity. If there is a reasonable doubt
ABOUT the insanity, give the prisoner the
benefit or II. The good character of the
defendant prior to the homicide will be
taken into consideration.
The jury retired.
OTHER COURT MATTERS.
Charles Hyde was arraigned on the
charge OF grand larceny, in stealing a cow
In Sanpete county. He was also caught
once on charge of branding cattle that did
not belong to him. He pleaded not guilty
to both charges. The case is now on the
calendar for trial.
John Bawler, of Provo, formerly Of Eng
land, and Peter r. Nielsen, OF Manu-, and
formerly OF Denmark, We're made citizens
The case of Levi H. Holloway. who is
charged with failure to provide alimony for
divorced wife, was taken up. Mrs Hold
away stated she had but very limited
means OF support and a large family of
children. Since the decree that she was-to
receive 5000 and $50 per month, she Re
celved only $500 and Sl3l almouy. 1t has
oeea twenty-five months since the decree.
There is $500 due on property and $3.50 on
alimony.
The defense stated they had paid more
than had been testified to, and further than
that they had no means at all with which
to pay. A compromise was effected and
defendant discharged.
Edward Wilkins came to trial charged
with selling liquor on Sunday, June 2S
1891, in Fort Duchesne
A coon took the stand and stated that he
saw The defendant dispense some LIQUOR to
Tour gentlemen on the Sunday named in
the Indictment. The defense bro CHIT some
evidence to prove his absence on that date
1t went 10 the jury after brief argument.
4uS jury III IuS brown MURDER case here
came into court with the following verdict:
1--WE, the jurors in the above entitled
cause, ind the defendant guilty of murder
in the second degree and recommend him to
the mercy of the court" Sentence will be
passed October 20.
In the Justices court yesterday afternoon
J. Is. hennett, quack doctor, was found
guilty of stealing harness and fined $40
de was Immediately arrested after paving
his fine on a charge of stealing a feather
bed from Mrs. Harton
John Lynch, Rio Grande Western
brakeman, was tried yesterday afternoon
and found guilty of sssaultlng and batter
ing George A. Craig, agent of the Union
Pacific railroad. Last March the trouble
came up over car Of lime over which the
officials of the road W ere disputing. He
WAS allowed twenty days in which to pre-.
pare motion for new trial
The jury in the case Of Edward Wilkins.
charged with selling liquor on Sunday,
brought in verdict of not guilty.
NOTES.
The Democratic meeting last night was
attended by the Enterprise band and drum