Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-05-20
Deacon. Line OF Defense.

NICK, May l8.-Aiter a fnal inter.
rogatiou by the judge OF instruction to.
day, Deacon held conference with
his counsel and u line Of defense ar
ranged for tomorrow's trial. The de-
Tense will be justiheable homioiue.
When under examiRation Deacon
rather preJudiced his case by express
ing regret for Abeille's death, adding
that he was ready to and thought he
should suffer some form OF punish
ment. lie probably made the state
menl unaware OF the Tact that unless
he was acquitted, a verdict Of murder,
with extonuatiDg circumstances, i'm.
pliesat least three yesrs' imprisonment.
The counsel, who are confident Of his
acquittal, consider the indiscrste adj
mission will not prejudice the case.
During the examination Deacon anu
wife conversed. In English, Deacon up
braided her for disgfacing the family.
The wife appealed 10 him 10 cease his
reproaches; she admitted her guilt with
Abeille anu pleaded with her husband
for forgiveness. Deacon retortsd, mo,
Leyef." The judge knowing the Eng
lish Language obtained considerable
Information, tut took no advantage OF
what he learned.
hNNbhhNluh wv JAWS ~
ready known and puts the case favor
ably for the accused. Aboille ~ de-
ncribed after his Introduction to the
family ms losing no time In becoming
intimate with Mr.. Deacon. HIS
asslduities, said the act, became 20
indiscTert that they forced the husband
TO suspect ADeille had deceived him.
The husband say details which con.
WINGED him his wife was deceivinE
him.
Instead OF taking strong measures
himself he was disposed to get the
police 10 interfere, but the difficulties
he encountered obliged him to abandon
that course. The accused arrived Mt
Canne,, February l5, to join his wife
and family. On the 18th they were to
| 70 to a splendid hotel. The incidents
| u the eyentiul night ate consecutive
ly narrated. AZ midnight Deacon goes
TO the door OF his wifo's rooms and
hears q n0lse, which conyinces him
she 10 not alone. lie returns TO his
| own room, and gets n revolver. At
the same time no warns the secretary
| Of the hotel, who goes with him. At
| her door they wait three minutes.
Madarne opens the door In night
toilette, holdisg candle In her
hand. She tries TO calm her
husband, but Ia vain. Thinking
1t his duty he enters, despite tho
resistance OF his wife, and discovers a
man whom he recognizes as Abeule,
and fired at him thrice. Whilst
Abeile was raised from the floor and
the accused asked the secretary to note
material facts establishing hsgrante
delicto.
The act in concluding says the
accused pleads no intention to Kill, but
that tho fury with which he fred
thrice at the victim does not admit tho
allegation.
The only disreputable point In the
defense 10 whether, as he pretends, he
really surprised his wife In hagrante
delicto. Madame denies II. Abeille
either IL not able or did not desire to
furnish any explanation, although In
quiry by the Judge proved that there
was much to set aside the aggravation
Of the circumstances Of premetitstion.
The proof IL sufficient to Justify the
charge Of homicide, which Is punish
able by Articles a95 ana 800 OF the
penal code.