The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-03-29
RAYMOND ACQUITTED
The Jury Remained out Over
Three Hours.
THE ABLE CLOSING ARGUMENTS
A Spectator Fined for Appiauding Judge
Powers Address-Judge Zane's Charge
The Diamond Murder Case Next

The Third District Court room was
literally packed with spectators yesterday
morning, when the arguments in the Ray
mond murder case, were resumed. d. N.
Straup, Judge Powers assistant, opened
for the defense and he made a very able
argument In support af the theory that the
killing was done simply in self-defense.
He was followed by Judge Powers. At
ter calling attention to the Importance of
the case, he went on to review the evidence.
He presented the whole case. as given
from the witness stand, and argued that
Raymond could have been actuated by no
motive but to save his own life, in killing
o'Brien. The men were warm friends.
Raymond had given O'Brien work; had
saved him from arrest and prior to the
shooting his whole conduct showed that he
had deep regard for the deceased. Was
1t possible that out of all the men who were
there he would have singled out this man
Tor murdeFous ASSAULT Raymond was in
his own house, behind his own bar, en-
gagged in his legitimate business. and when
" Brlen IN lit of drunken rage assaulted
him, he was not obliged to retreat. and he
did nothing more than any reasonable man
would do. When Judge Powers closed his
address burst of applause followed.
Jucge Zane was very indignant at this
demonstration, which he speedily stopped
and John Smith. one Of the men who cheered
and applauded, was fined $40 for contempt
of court.
MIR. Varian made the closing argument
Tor the prosecution, and occupied about two
hours. be claimed that the prosecution
had made out case of murder in the first
degree, and he expected the jury, which
he said, was the most intelligent one he had
seen empaneled in case of this kind in
Utah, and which represented the better ele-
ment, return verdict In accordance with
the law and the evidence
AT 5:l6 Judge Zane commenced his charge
to the jury, which was listened to with
breathless attention. He said that the in
dlctment upon which the defendant, Frank
Raymond, was being tried, charged him
with murder. The killing of one human
oelng by another was homicide, and
whether 1t was murder, maRslaughter or
eXcusable homicide. depended upon the mo-
tive attending the act. There was no con-
troversy in this case as to whether the de-
PENDANT killed the deceased. The conten
ton was as to the motive. Express malice
might be manifested by language or con-
duct, such as threats to kill or other Ian
euage indicating ill-will or desire to in
1ure. Such malice could be expressed by
conduct, such as lying in wait Malice
might also be implied. Judge Zane then
went on to define the various grades of
homicide, form murder in tho first degree
TO lnstnaole homicide. As 70 this last, the
court said that II was the killing of man
when the slayer had a reasonable belief
that 1t was necessary to Kill in order
to save his own life or TO saVe himself
from serious bodily injury. II the Jury be-
heve from the evidence that the defendant
was behind his own counter st the time of
the killing he was not bound 10 retreat, and
: hon 1n1 n
sary for him to kill in self-defense. then
the killing was justirable. It was proper
for the jury to consider the character of The
defendant, as shown by the evidence. AS
TO the dying declaration Of O'Brien. the
fury should take into consideration his con
dition.
If after careful and candid consjdera.
ton of all the evidence they were not salts
he'd OF the defendants guilt, that would he
reasonable doubt, and the defendant
should be given the benefit of it. Thev
were the judges OF the credibility of the
witnesses, and they had right to take into
consideration the department OF the wit
nesses, their apparent frankness and can
dor or the want of il. Under the indict-
ment, they could find the defendant guilty
of murder in the first degree, and could re-
commend that he be imprisoned for life. or
they could find him guilty of murder in the
second degree, voluntary OF involuntary
iudusiduSnIer, OF bnty might md him not
guilty.
The jury then retired, and the court
room was soon cleared.
1T seemed to be the general impression
that the jury would disagree but at
exactly 9 O'Clock, Deputy Marshal Bynon
entered the clerks Office, where judge
Zane, Prosecutors Varian and CritchloW.
and the reporters were congregated. and |
announced that verdict had been found. |
All present at once went into the court |
room, and Mr.. Straub, Judge Powers rep |
resentative soon came in. Raymond was |
sent for. and he entered the court room at |
9:l5 and took seat by Mr.. Straub. The |
jurors then filed in and took their places in |
the box. 1t was not generally known that |
an agreement had been reached, and conse- |
ouently there were but few spectators |
present.
After Clerk Mcmillan had polled the
Jury, Judge Zane SAID: "Have you found q
verdict, gentlemenf"
1--WE have" replied Foreman Hills, as he
handed the document to the clerk, who
said: "You will listen to the verdict and
he then read: 1.-The People VS.. Frank Raw
mond. We the jurors empaneled in the
above cause find the defendant, Frank Ray
nond, not guilty; so say you all.n
When Raymond heard the verdict he
sprang from his chair and started toward
the jury box, but was restrained by Mr..
Straub, and after he had been formally
discharged the court adjourned.
The jury was as follows Erastus Scr
enson, Fred Little N. Hodgman, Daniel
Mcdonald, j. G. Mitchell, Louis Martin.
Ben Conlzlin, L. S. Hills, A. H. Kelly, w.
E. Crutcher, G. d. Brinton, G. L. Rood. Il