The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-09-24
OGDEN.
MILESTONE FREE.
The Jury Returns Verdict OF
= Not Guilty.
Il Was Received with Great Applause
Charles Seamer, Tuner, foisons
Rlmself-0ther News.

The trial OF Henry Milestone is at az
end, the verdict rendered and he is once
more a free man, the jury having concluded
that ne committed no crime in firing the
snot which killed J. b. Mcclellan.
Immediately on converting of court yes
terday morning Judge Anderson read his
charge TO the jury. 1t was very lengthy
and canvsssed the laws bearing upon the
facts most thoroughly. The first part de-
fined the various degrees of guilt-murder
In the first and second degree, man :
slaughter, both voluntary and involuntary,
battery and assault-Rnd Instructed the
jury to bring in verdict according to the
degree of guilt Of the defendant, or if no
guilt were proved, TO bring In q verdict of
not guilty. The charge, which was con-
sidered a very impartial document, con-
tanned the following IS its chief instruc-
lions:
TO justify the killing Of another in self
defense il must have reasonably appeared
necessary 10 the defendant 10 kill ID order
TO save bis own life or to avoid great bodily
harm; that the deceased was the assailant
or the defendant had honestly endeavored
10 con -inue q present struggle.
EThe mere fear of an assault is not suffi-
Gent justification, but the circumstances
must have been such as to satisfy reason
able man OF imminent danger.
Ii is not necessary that the danger wss
actual, TO warrant the killing; but apparent
danger. such as TO lead one TO believe he
was in actual peril, is sufficient even IL it
should afterward DE proved true that ap-
pearauces were false.
The rule is: What would person of or
binary intelligence. caution and judgment
have done, had he been the defendant, see
iEsS what he saw and knowing what he
knewl The question is: Would a reason
able man. under all the circumstances, be
justified in the belief that his life was in
apparent danger!
The party must retreat to the WALL"
Between his duty to fee and his right 10
kill. he must fly. This does not mean that
a party must always fly, for that often in
creases his danger, but that ne must avail
himself of ali apparent and reasonable
avenues OF escape by which danger might
be averted.
: In this case if you find that deceased and
defendant engaged in 8 quarrel in saloon
some time prior to the shooting, in which
deceased challenged the defendant to fight
either with or without weapons, at the same
time exhibiting q weapon; that the defend
ant left the saloon, having declined to
fight, and intending TO go home, and in
about a hslf-hour returned to the saloon
and, without any overt act or menacing
physical demonstration of the deceased
toward defendant shot and killed the de-
ceased, you should not bring in verdict
of not guilty, but should fix the degree of
guilt.
Mere threats, however vicious. not ac-
companied or followed by physical demon
strstions, do not justify killing, and the
defendant should not be acqitted if it is
found that no hostile demonstrations were
made at the time of the shooting.
But if you find that the deceased had
threatened to kill defendant. and that de-
ceased had the reputation of being
dangerous man; that the deceased and de-
PENDANT had quarrel, as above stated, and
defendant left the saloon. having de-
clined to fight; that afterwards the
defendant came back to the saloon
and was in another part OF the building
and deporting himself in a peaceable man
ner, and that then deceased acted in such
manner as TO make the defendant believe
that his life was in danger. then the shoot
ing was justidable, unless it Is proved that
the defendant went back to the saloon with
the intention of renewing the quarrel and
killing the deceased.
Defendant must prove the absence of
criminal intent by preponderence Of EVIL
dence, but need not be proved beyond
reasonable doubt
communicated TO the defendant ana be
feared they would be carried into execu-
ton, ne was justified IN acting with more
promptitude than whers no threats had
been made.
Evidence of good character Of defendant
must be considered, as il is less likely that
q man of former quiet habits would seek
contest or make sn pnproroked attack
than that a ouarrelsome or vicious man
should do So
Evidence OF the bad and dangerous char
az ;er OF the deceased should be considered
IN he same manner.
he credibility of witnesses may be
taEen into account.
The testimony Of the defendant is to be
considered, bearing in mind his relation TO
the case and the deep interest he must
feel in the result OF the trial.
Forms for the verdict closed the charge
The Jury was out about fifty minutes
when IL returned with a verdict. The
court room was perfectly packed with anx-
ious spectators, many OF whom had been in
constant attendance during tneentire trial,
and others who were anxious to learn the
decision reached. The verdict was handed
70 Clerk Mcclure, who read: I'VE, the
jury. find Henry milestone not guilty.
When he reached this point the whole
court room turned into an upr0ar of ap-
plause. The ciapping of hands continued
for some moments before the Judge could
agsin restore order, when the clerk con-
tinued. ''as charged In the Indictment
When his friends gathered around TO con-
graduate him Milestone WAS so overcome
with JOY ne was rendered almost speech
less. Mrs. milestone was in the office OF
Evans IL Rogers, her husbands attorneys,
who have so skillfully conducted the case,
when the verdict was brought In. She
heard that the jury had agreed and has
tened 70 the elevator of the Utah Loan and
Trust building, where she was met ny her
husband. When the news was broke 10 her
that he was once more a free man her Joy
had no bounds. The good news touched
her feelings so deeply she placed her arms
around his neck and completely broke
drown in fearful gladness-
Last night the friends Of Henry Whet-
stone, among his brother Odd Fellows to
the number of about seventy-five, gathered
81 bis residence and extended their con-
gratuletlons and left purse OF 500 for
him. Both Mr.. MILESTONE and his wife
we're greatly affected by this evidence of
good WILL and it was several minutes be-
fore either of them could speak. It was
pleasant remembrance.
Relief Societies Conference