The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-04-12
GONE TO THE JURY.
The Nelson Murder Case Argued and
Submitted.
Mr.. Zane Makes Strong Plea for Con-
viction-Judge Blackburn's
Charge to the Jury.

Provo, April 11.-Upon the opening
OF court, Judge Blackburn reversed a
decision made yesterday, wherein
he excluded testimony of opinions ex-
pressed by Nielsen short time before
his death. The judge concluded, after
having given the matter thorough con-
sideration, that the testimony as to what
was heard from the wounded mans lips
could go in merely as the dying mans
opinion.
Mr.. King strenuously objected to the
admission of testimony at this stage of
the procedure, as it would preclude the
defense the opportunity to offer anythi ng
IN rebuttal. The objection was over
ruled and an exception taken.
Mr.. King proceeded with his argument,
occupying two hours and half. King
put in one hour and a half last night,
making in all four hours speech.
His review of the testimony was thor
ough and his deductions logical. 1t was
a mastery effort and a large crowd lis
tened attentively to all that was said. In
winding up, Mr.. King patheticaly re-
ferred to the anxious mother, brother
and little sister, who were pleading in
tears for an acquittal, and produced many
signs OF sympathy from the listeners.
MR.. zANE's APPEAL.
Mr.. Zane complimented Mr. King for
mis- ability to speak SO eloquently and
long on q subject which he (King) de-
clares there is nothing in. The district
attorney began his appeal by few quota
tlons on the subject of murder always
coming to the surface, although the best
detectives sometimes give up their pur-
suit of the guilty one. He was as conf
dent that young Peter is guilty of having
slain his father as that he stood before the
jury.
In substance he said: This young man
innocence, and upon first sight one would
think he did not possess the counte-
nance OF a murderer; but look
into those eyes and you can see the
GOODNESS, vlndictiveness and Villainy,
look at those thin protruding lips and re-
treating chin, is not that the mouth of a
shark? Look at the Indifference and stub
bornness he has displayed. After his
poor father had been fonlly shot down.
Look at his conduct. When informed OF
the event by Mr. Gunderson he deliber-
ately puts on his overshoes, lights cigar
and walks lesiurely down the street, ask
ing no questions and expressing no sur
prise.
When arrested by Sheriff Burns and
Marshal Brady he did not stand up like
q man and say, 81 am innocent" but
said. "do you believe me guilty." When
IN the presence of Judge Johnson, he did
not say | am innocent, but asked what
shall do?'' When the Judge said tell
the truth, he laid down on the lounge
and groaned; with his head buried in the
clothing. What reflections passed
through his mind then. Was he
thinking of the kindness of
his father in his early childhood, and his
many benevolent acts during Peters
growth into manhood, or was he thinking
of the time he crawled up 20 that window,
rife in hand, trying to get an aim at his
fathers left side? Or were the visions of
hell raging through his brain, over that
horrible deed, deed that can never be
washed from his scarlet hands, although
Neptune's oceans flow upon them.
MI. Zane continued his argument, de-
failing some of the alterations which
have taken place between Nielsen and his
son, particularizing the fight which oc-
Cured at one time, when chairs were
used and the son made q threat that he
would kill his father should he attempt
to correct him again. The mother denies
this, but it must be remembered that a
mothers love pursues son through all
crimes, and though he may be upon the
gallows she will believe he is as pure and
white as the driven snow.
The boy is sent to school with the hope
of reforming him, and when he returns
the father is confronted with the same
disposition within the heart of the son.
1t was not disputed that the person who
made the tracks from that window on
that fatal night was the assassin. That
those tracks went toward the bank isyad-
mltted, and also ii that gun at the bank
was fired, it must have been by the de-
fendant.
After q thorough going over the evl-
dence for space of two hours, Mr.. Zane
concluded with an eloquent and impress
sive plea for conviction.
THE JURY CHARGED.
Judge Blackburn charged the iurv in
substance as follows:
Murder is the unlawful killing of hui
man being. with malice aforethought,
Murder in the first degree consists of
lying in wait with a deliberate intention
to commit the deed. 1t is conceded that
the killing of S. j. Nielsen was under
who did the deed is guilty of murder in
Ihe first degree.
The question before you is, did the
prisoner at the bar do the deed? Ii Won
find that to be q fact, it is your duty to
ind verdict of guilty. Every man is J
presumed to be innocent until he is
proven guilty beyond reasonable doubt.
reasonable doubt arises from the evil
1ence in TIE case, or want of evidence. It Il
is a doubt which would influence man
IN the serious and important concerns OF
life, not a maybe or conjecture, but one
which has forced itself upon your mind
when looking over the case.
You are the sole Judges of the testi-
nony. When the evidence is conflicting.
you are to determine who is telling the
ruth. What attorneys say may be con-
sidered, SO far as it assists you in arriving
It a verdict. You are to consider motives
which may impel witnesses to say what
hey do.
5iai evidence is the most convincing. as
she eye may be deceived. When a CON
yiction is sought upon circumstantial ev-
idence, the burden of proof is upon the
people, and all must be in harmony.
The character of the defendant is to be
AIKEN into account, as to peace, good
order and well behavior in the comnu-
atty where he lives. Also the motive is
% be considered that would influence a
nan to commit such crime.
Sutherland. for the defense, took sew
,ral exceptions and asked some additional
charges, after which the jury retired with
'wo bailiffs at 4:20 p. m. They are still
tut.
A FoRGER PLEADED GUILTY.
The next case for trial was that of the
People vs.. Emil and Eric Rosendall, who |
Ire up on two indictments against them |
or the crime of forgery committed ct /
salina.
Emil pleaded guilty to the charge and |
VIII be sentenced tomorrow morning,
The other ia now on trial.