The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-06-21


order, l presume, that he may make
some remarks concerning myself as
well as my client.
Mr.. Zane Gnterrupting)- told
you that?
Judge Powers-Mr. Whittemore.
Mr.. Zane addressing Mr.. White
Whittemore, did you tell Judge
Powers anything of that kind-that
wanted to make remarks concerning
him?
cThe reply of Mr.. whittemore to the
query of Mr.. Zane was inaudible to
the reporter).
Mr.. zane-That is not true. Powers,
you liel
The Court Trapping upon the desk
for order)-Mr. Zane
Judge Powers-I say that 1 was in
formed by the public prosecutor that
you desired to close this case
once. Mr.. Zane 1 will not permit such
language as that to be used in this
court.
Mr. Zane-If your honor please, I
withdraw the remark. But here is
sta tement made in open court and l
am informed that it is false. 1 beg
your honor's pardon, since L used the
word without reflection.
The Court-If that is the language
you intend to use in this court, 1 want
to know it, because 1 shall punish you
severely.
Mr. Zane-I offer my apology for do
ing it in your honors presence, but
shall be glad to repeat it out of court.
Judge Powers (resuming his address
to the jury)-Ha has my permission.
but l am glad to hear that the remark
was made by the gentleman without
reflection. am glad that you have
here an illustration of the fairness
with which this case will be treated.
simply submit to you, gentlemen OF the
jury, that the chief justice ought to
be proud of his son, who cannot even
control himself in q court of justice.
And yet he argues that Hynds is re-
sponsible and should have controlled
himself and stayed his hand that
awful morning. 1 said to you a
little while ago that 1 should try to
penetrate his epidermis. 1 leave you to
Judge whether or not 1 have done so.
He has the closing, yet he could not
wait until I had done. 1 did not say
that Whittemore had said that Zane
desired to make the closing argument,
and am convinced. by proof strong as
holy writ that he desires to make re-
marks concerning myself. l hope he
will and he has my permission. /
shall not vince like the CALLED jade sit
ting there; 1 shall simply consider the
source.
Now, gentlemen of the jury. 1 pro-
pose to leave this case to you for your
just and fair consideration. 1 have re-
hearsed the facts. 1 have argued the
case with some warmth, because L
have felt that my client has not been
justly dealt with by the prosecution.
1 trust, however, that he will receive
the treatment from you that he de-
serves; that he will receive from you
the justice that every man is entitled
to-.
A STORY OF HOME, SWEET HOME.
Something like half a century ago,
there was buried on the north coast of
Africa, the United States consul of Tu-
mis-. He was buried in g, grave that
was almost forgotten. Twenty or thir-
ty years thereafter, a wealthy gentle
man, a distinguished citizen and pat
ron Of art, Mr. William c.. Corcoran, of
Washington, sought and obtained per-
mission to remove TO this country al
his own expense, the remains of that
consul. When the grave was opened
| Christians and Mohammedans stood
with bowed heads, for there was lifted
| in that crumbling coffin the remains
! of John Howard Payne. Covered with
wreaths and flowers, they were borne
| aboard a ship which sailed across the
ocean, waited along by the strains OF
an immortal song. When the shiI
reached New York, the commercial
metropolis of this nation, she was re-
ceived with uncovered heads. When
those sacred remains were taken in
state to the city hail. hundreds OF
thousands OF good citizens passed in
procession to pay their respects. After
that the body of John Howard Payne
was taken to Washington, the nations
capital. The pa1l-bearers were mos
diSting uished warriors and Statesmen
Of the nation. Orations were delivered
by the most eloquent men in public life
1t was because the dead man wrote {
song that touched the very heart
strings of all humanity He wrote E
song that shall live as long as human
hopes shall live, as long as love shall
live, as long as patriotism shall FIND
place in the breast of man as long az
man worships the roof tree, He wrote
that immortal song, Home, Swee'
Home" It's strains are hummed in tht
cabin of the miner; they have floate(
through the marble halls of the rich
they have famed the hearts of the ia
vorites of wealth; they have beer
waited UP the Rhine, with it's stately
canopy of the Amazon. They have
flown from out the windows of the how
els of the poor. and have been suns
about the hearthstones of aristocracy
They are heart beats, set to music
They are the sweetest thoughts of al
ages, flying through space upon an
gelic pinions. They are the outward
declaration of mans love of home anC
home is where the heart is.
WHAT PRICE SHALL BE PLACEI
ON THE PURITY OF THE HOME?
1t will be your duty, by your verdict
to say what price twelve men of Utal
place upon the purity of the home Yol
are to name the price that you plac
upon wornan's virtue. If you deem /
necessary that the man who defend
his home, his honor, and his wife's non
or. shall die, then let that be your yer
dict. If. on the other hand you be
lieve in the law, and you follow the Law
as you have said that you would; /
you believe that he who enters tn
home of another, and despoils him o
his wife, gives his life as the forfeit
then say so by your verdict.
CONCLUSION.
I ask you, gentlemen, to treat Har
ry Hynds as you would treat any 0the
man. L ask you to consider well the re
sponsibility that is upon you, 1 asl
you to consider we'll whether life i
to be any more lightly taken by tn
jury than by the man who is upon tria
And l ask you whether you can say
upon your consciences and beyond an
reasonable doubt, that you believ
Harry Hynds guilty. The overwheIm
ing preDonderance of the evidence i
that he is not guilty. A verdict Q
guilty would be monstrous; it canno
it will not be rendered by you, no mat
ter how much it may desired by th
prosecution. Say by your verdict tina