The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-06-06

such circumstances and situation as
reasonably indicate that they have just
recently committed the adulterous act.
In determining whether the provocation
Is sufficient or reasonable, the average
of men, recognized as men of fair, aver
age mind and disposition, should be taken
as the standard, and not the highest type
of man. considered in relation to char
acter and ability to hold the passions and
feelings at all times and under all circum-
stances, in subordination to the dictates
of reason, prudence and judgment.
IF SHE WAS HIS WIFE.
If, therefore, you are satisfied by pre-
ponderance of evidence given before you
In this case that this woman Maud Hynds
was the wife Of defendant and that at the
time of the homicide, the defendant dis
covered the deceased with the wife at the
house of defendant and under such Cir
cumstances and in such situation as would
indicate to the mind of a reasonable per-
son acting with common prudence that
his wife had been actually defiled by the
deceased and that such discovery created
q sudden heat of passion in defendant
and that he then acted wholly under this
influence of such heat of passion and shot
and killed the deceased, the defendant is
justified under this statute, and 1t is your
duty to acquit him, even though you
might think the statute wrong and not
COMFORTING with an enlightened and hu-
name jurisprudence. 1t is the duty OF
courts and juries to obey and follow the
statutes so long as they remain upon the
statute books.
REASONABLE DOUBT.
You are further instructed that if, upon
the consideration and comparison of all
the evidence in the case, you have Ieas-
enable doubt as to whether the defendant
acted wholly under the influence of a
Cll66dn hHu IF
discovering the fact that his wife had been
oefiled by deceased, you should give the
defendant the benefit of such doubt, and
acquit him.
a bare fear or suspicion that the de-
ceased had defiled defendants wife would
not be sufficient, but as l have said, the
belief must be founded on such evidence
and tangible facts as reasonably induces
the belief that the fact is so.
The defendant, by his counsel in his
statement to the jury and by his testi-
mony on cross -eXaminauon testified that
his wife before he married her was an
unchaste woman. That fact, if it be a
fact, would not take the defendants wife
out of the category of persons mention
ed in the statute who may be defiled.
The statute makes no discrimination be-
tween wives who have been unchaSte
women before marriage, and those who
were chaste.
You can consider, however, the rela-
tons of defendant towards his wife and
dll IleT T0ld IOMdlu MIN uUItllS, dtilu
even before their married life. so far as
the evidence before you shows them, for
the purpose of aiding you if necessary in
determining whether the defendant was
in a sudden heat of passion when he
slew the deceased.
THE ROOT OF THE MATTER.
After alisthat has been said in this case
the sole question Tor you to determine IN
view of this statute is, was the defendant
acting with GOODNESS and elaboration
when he shot the deceased or was he
acting under the influence of a heat of
concerning the relations between de-
ceased and Mrs. Hynds. If in the killing
he acted with GOODNESS and elaboration,
he is guilty. If, on the other hand he
acted wholly under the influence of heat
of passion, the case is within the statute,
and he IS not guilty.
The remainder of the charge was
the usual one given in murder cases.
JURY RETIREs.
It was about 1915 o'clock when the
jurors retired to their room. Shortly
afterwards they sent for the written
copy of the judges charge and about
the noon hour they were taken out to
luncheon in charge of two bailiffs, and
on returning labored with the prob
lem till o'clock without making any
sign. Then they requested to be taken
to dinner.
After dinner they renewed their
study of the judges charge, but sent
no message.
At $50 Judge Hiles went home leav-
ing word with Bailiff Mahan that if
at any time during the night the jury
came to an agreement he was to be
sent for. Up to the time Of going to
press no message had been received
and the probability is that if they dc
not agree they will be discharged
this morning.
The judges instructions to the jury
! pointed so clearly to a verdict of not
guilty that people are at a loss tc
understand how it is the jurors found
so great a difficulty in arriving at an
agreement. The general opinion was
they would not be out more than ter
or fifteen minutes. The superstition
is that there are one or two jurors
holding out for verdict of guilty OF
manslaughter in some degree.