The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-12-31

was termed confession, was intro
duced in evidence, in which she states
fact, the most of which could only be
known to herself--facts against herself,
and while not admitting her guilt but
denying it. they are facts that subject
her to suspicion. and to the charge OF
great imprudence and improperly. She
states it, and it comes from her. In
her statement she did not admit her
guilt, and in her testimony she denies
it. and did deny it it seems in the pres
ence of her mother. and to Mr.. Irvine.
1t appears in evidence that Mr. r.
vine at one time suggested suicide to
her. and that he told her that she
would go into eternity with lie upon
her lips; that she said to him Il shall
not ring the bell. ] shall not confess.
Send me into eternity If you choose.
That sounds like innocense to me.
Under the pressure there brought to
bear. great as it was, this woman was
willing to face death She was willing
to face any person that said they saw
the act. She denied it.
Mr.. Irvine. however. left the room.
telling his wife not to inform Mont
gomery. She mentioned this to her
mother, and expressed to her mother.
that there was danger of tragedy.
The mother persuaded her that there
was no danger. There perhaps the
mother made a mistake. II Montgonl-
| cry had been informed of the feelings
of this man. and the information that
he had. the killing would probably not
have happened, and probably an inno-
cent man, SO far as the adultery is
concerned. would not have been sent
Into eternity without any warning.
without an opportunity to explain. and
without an opportunity to defend him
self [ must denounce an act of this
lcharacter,f which in the face of the de-
NAL of his wife OF her guilt, will go de-
lliberately and shoot a man without
giving him a chance to explain. with
out giving him a chance to defend him.
self, as cowardly in the extreme No
brave man ever did it or ever will do it.
He will at least give the man whom he
shoots an opportunity to defend him
self, and an opportunity to explain.
The plaintiff, after he had killed
Montgomery, was placed in jail, ana
then upon the next day, he states that
| his wife had been guilty, with the fact
that his family had been broken up,
that he was so deprived of his reason
that he was not capable of knowing
precisely what was going on, that the
emotions aroused by the offense which
Montgomery had committed with his
wife, We're so strong that they de-
InTOQeQ reason ana ONSICetIiiS lAC VIII
That seems to have been his defense
| infer from the evidence Mr. Sralth
| however. states that upon the next
| day or very soon after the tragedy he
Icame to Irvine at the priSon-WhetheI
lin his cell | am not prepared to say
and he states that Irvine there begged
! him to go to his wife and get con-
fession of her guilt. Mr.. Smith says
! that he did go to her, because he was
mot, it seems then sufficiently inform
| ed He went to his sister, the plaintiff
wife and tried to prevail on her &c
lconfess her guilt, if she was guilty
| but she declined to do il, saying thai
lshe was innocent: and that he Weni
back to Irvine and told him so, anc
that if he relied upon a confession OF
guilt for his defense from his wife, he
would have to hang. Mr.. Irvine denies
this, but Mr. Smith appears on the
stand I think, to better advantage
than Mr. Irvine. He appears upon the
stand. apparently a frank man His
Ideportment was good, and there has
nothing occurred in the testimony tha1
can discover. either in examination
in chief or in s-exanlina ton. thai
induces the belief that he was mo-
telling the truth.
A large number of letters were writ.
ten by Irvine to his wife while he was
in jail He was to be tried for his life
and the fact of adultery was the basi.
of his defense. The adultery caused
1.-THE emotional or temporary, insanity
which rendered him incapable of com
hitting q crime, according to the theor,
iof the defense. 1t was of the creates
Importance Therefore, that that fac
should be established beyond all con
troyersy. Mr.. Irvine says that he die
mot solicit a confession from his wife
but the letters which although dd
dressed to his daughter were intended
for his wife, mainly, indicate two mo
ltives that the writer had. One was t.
lcreate an inference, at least, that hi
mind was greatly affected; that !
twas incapable of prolonged o
coherent thought They seem t
Ibe, many of them, incoherent
Inuch like the rawlings OF
Icrazy man. if they were not proceed
ling from motives and purposes. L an
Iof the opinion that those letters. TAX
ling them all together. show that thi
imam had two motives in writing them
lone was to make it appear that hi
lnind was greatly affected. and tina
he was substantially insane. and tn
lother was TO produce as mush sym
lpathy as possible upon the part Of hi
lwife and child, in order that she nigh
make a confession which would be o
great benefit to him on the trial. 1t i
lsaid that it could not be used. but i
that confession had been made un
Iequivocally, there would have beel
Isome way by which it could have beef
drought to the attention of the jury
land [ have no doubt that he under
Istood it that way. These letters con
tradict him on that point. His state
lments that he did not solicit a, confes
Ision from his wife while he was il
tail, canot be true in the light of thos
letters. and particularly when yol
take the testimony of Mr.. Smith wit