The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-05-26
4 VERDICT OF NOT GUILTY.
Such Is the Verdict in the Borel
Murder Case.
THE VERDICT APPLAUDEDg
BoreI Is Held Pending Examination as
to His Sanity.
Davis, Who Ruined a Sixteen Year Old
Girl, Is Arraigned in Court-Ad-
mits His Guilt, but Is Given
a Continuance.

OGDEN, May 25.-After being out just
two hours, the jury in the Borel murder
case, which has been on trial in the
Fourth district court for the past eleven
days, returned verdict of not guilty, at
4:55 O'Clock this afternoon. The stated
ground upon which the acquittal was
made was the defendants insanity at the
time he fired the fatal shot.
Mr.. Allison's closing argument, which
he commenced to deliver at $50 o'clock,
occupied the entire morning session, and
was closed just as the hour for the noon
recess arrived. 1t was conceded by all
those who heard 1t to have been most
able effort, and had an apparent effect
upon the jury. In closing, the attorney
stated that it was evident from the severe
cross-examination to which he had been
subjected by several of the jurors that those
gentlemen had disregarded the oath
which they had taken, and made up their
minds for an acquittal before the argu-
ments had been made and even before the
testimony was all in. He appealed to
them to lay aside all prejudice against the
class OF men known as Dunco SteererS,
and do their duty according to the evil
oence in the case. AT one point In his
argument Mr.. Allison was explaining his
course in the Lewis case and said that as
the offense with which Lewis was charged
was simply miSdemeanor. he had moth
ing to do with il and only went into the
case for the purpose of aiding Borel in
getting his money back. The county at
torney should have taken up the case and
prosecuted it with vigor. Borel jumped
10 his feet and excitediy exclaimed, ''you
should have told me that In his snbse-
quent remarks the attorney used that re-
mark OF the defendant against him for the
purpose of showing that he was still and
always had been in his right mind. Court
took a recess at 1890 O'Clock until D. m.
Court convened this afternoon prompt
~ at O'Clock and the judge at once
commenced to charge the jury. The de-
livery of the charge occupied nearly an
hour, and was listened to by very large
crown of citizens and attorneys OF the
bar. The defense objected to the court
charging the jury that if it found the de-
fendant not guilty to certify that he was
insane at the time he fired the fatal shot.
1T will be remembered that the lastslegi5-
ture passed a law to remedy the evil of
turning persons acquitted of crime on the
ground of insanity loose on the commun-
tty, and providing that in that case TIE
court shall take some measures to secure
the proper care of the persons so ac-
quilted. Under this staJute the court in
structed the jury and ruled out all OBJ
jections made by the defense.
The case went to the jury at 2:55 O'Clock
and that body retired at once to the
jury room. Much speculation was in
dnlged In regarding the form OF the YER
dict, and when the jury filed back into
court at 4:55 O'Clock the excitement be-
came intense. The court room was
packed to suffocatlon. The clerk polled
the jury and then read the verdict, which
was 'tnot guilty as charged in the in
dictment by reason of the defendants in
sanity" When the verdict was an
nounced cheer after cheer went up and
many persons crowded forward to grasp
Borel's hand. The Frenchman took the
matter very calmly.
On account of the wording of the YER
dict Borel was held in custody pending
an examination as to his sanity.
DAVIDSON ARRAIGNED.
J. c. Davidson, the young nan who
was arrested yesterday for running the
16-year-old daughter of an English fam
ily living in Wilson, lane, was this al
ternoon arraigned in Commissioner
Mardleigh's court. The first charge of
rape was Withdrawn and that of fornica-
ton substituted. Notwithstanding the
fact that both the girl and himself have
admitted their guilt, the young man
asked for and obtained a continuance for
ten DAYS. He was held in $3.50 bonds,
which he has been unable to secure.
Davidson has requested that he be allowed
to marry the girl whom be has ruined,
but the parents of the girl object and de-
sire that he be punished for his crime.
When the case was called the father,
mother and several of the brothers and
sisters of the girl were in the court room.
The mother is almost wild with grief.
MILLER FOUND GUILTY.
:,
the name of John Doe Flynne for grand
larceny, was found guilty of the crime
and sentenced to year in the peniten-
tiary. Miller stole a horse. saddle and
bride from Riverdale farmer and started
for the coast but was oyertaken by the
officers at Coriune.
Four of Ogden's saloons have closed
their doors within the last week and the
city's revenue is thereby reduced S., 500
annually.
John Keno was arrested this morning
by the police on a Geographic warrant
from the sheriff at Evanston, Wy. He
viii be held here awaiting the arrival OF
the sheriff. The telegram did not state
the charge upon which the arrest was to
be made. Keno was on his way west and
was taken FROM the Union Pacific train
upon its arrival in Ogden at 1920 this
morning.
The Reed hotel is in the hands of the
United States marshal under the fore
closure of mortgage held by Levi Riesling
of Joplin, Mo. This mortgage is for the
sum of S23, 900, and was given by Locke
to secure the payment on the furniture of
the hotel.
a heavy storm OF rain, snow ard hail
prevailed last night and this morning,
and work on the grading for the Twenty
fifth street paving and the Southern Pa
cific and Rio Grande Western shops was
discontinued until late this afternoon.
The mountains are covered with the beau
tiful.
The sale of the Bear River canal system
under the deed of trust has for the third
time been postponed. The hearing on
the petition for a perpetual restraining
order will probably take place tomorrow
night.
HE WAS NOT A LIBERAL,
And Therefore Not Eligible to Work on
the County Roads.