The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-05-02

The Haylzen case is nearing a close.
The evidence is all in, the arguments
are about half through and the case
will doubtless reach the jury about
noon today.
The hopes of the prosecution were
somewhat revived yesterday when
Judge Hiles overruled the motion of
the defense to strike out all the testi-
mony relating to Hayken's admissions
and they now believe they have a
fighting chance of securing a convic-
ton. The arguments on the motion
occupied about two hours and after
the judges ruling the defense opened
their case They didn't occupy very
long, only one witness, S. B. Wester-
field, being examined. Dispositions Of
four furniture experts were put in evil
dence to prove that the price paid for
the furniture was reasonable and not
more than its fair value. This prac-
tically closed the evidence and the ar
guments to the jury followed.
JUDGE HILES MAKES A FEW RE-
MARKS.
Court assembled at $50 O'Clock and
before the arguments on the motion
to strike out testimony began. Judge
Hiles, addressing counsel, said:
Il wish 10 say to counsel, before pro-
cee5ing with the arguments, in this
matter, that II may probably shorten
the argument somewhat TO say that
have given the question Of the proof of
corpus deficit as careful a consideration
as the hurried trial has admitted of
and / am Of the opinion that the gov
ernm mt must prove beyond reason
able doubt.
"First-That a pride was actually
given by the defendant to Joseph r.
Morris in his official capacity as a Sc
lectman and that the proof of such fact
must be made by independent evidence
outside of any supposed or alleged ad-
missions or confessions of the defend
ant. Such proof, however, may be
made by circumstantial evidence, pro-
vided it establishes the fact beyond
reasonable doubt.
''Second-Before the jury can say
that the corpus deficit is proved they
must find from the evidence that on
some specific occasion the defendant
gave Joseph r. Morris some specific
sum of money or some specific thing of
value as a bride and that the jury must
from the evidence be able to identify
The particular sum or thing which was
so given as a bride, otherwise the evil
hence will not support the conviction.
II wish to say. however, to counsel.
that it is nay intention and 1 intend
here as well as always to maintain an
attitude or constant attitude of mod-
liability of opinion and judgment upon
ali matters which may arise and if it
shall be shown that l am in error 1
shall make haste to correct it so far
as / can.
There is another thing which
/ should perhaps say to counsel on
the general question of giving peremp-
tory instructions to juries. 1t seems
TO me that though a judge may have
serious doubts in his mind as to
whether any essential element of the
offenSe charged has been proven, yet
unless he is so clear that he has no
doubt he ought not to give peremptory
instructions. Especially is this true
where evidence is of a circumsaantial
character. In such case it is often the
peculiar province of the jury to find the
truth, if they can, from a, mass of
heterogeneous and incoherent facts, Ito
reduce them to logical and scientific
ordination so that they can be made
to point definitely to the truth and the
ultimate fact of the case"
ARGUMENTS ON THE MOTION.
The motion of the defense to strike
out all the testimony introduced bear
ing on the admissions of Hayken, either
written or oral, on the ground that no
evidence to substantGate the corpus
deficit had been introduced was then
argued by Judge Henderson of coun-
sci for the defendant. Counsel argued
that it was necessary first for the
49, ,f
tehe offense by some other evidence
than the admissions Of the defendant.
In a murder case it is necessary to
show the killing, TO show that the man
is actually dead: in the case of arson
the burning must be shown, and that
the person accused is connected with
the crime.
In this case they have shown confess
sions. admissions which are only cir
cumstances showing motive for crime,
but there is a gap not filled in that
there is nothing to show any specific
payment in any way to Morris as
charged in the Indictment 1t must
be shown first that crime has been
committed. and second, that it was
committed by the person charged. The
letters in this case would be admissible
after it had been shown that a crime
was committed. See California stat
utes, 81, page $685.
Your honor, said Judge Henderson,
admitted this evidence under contract
with the prosecution that they would
prove the body of the offense, and thus
make Ghe evidence relevant and proper,
but the prosecution has failed to keep
the agreement with the court; and the
defense, as beneiciaries of that con-
tract, ask your honor TO exclude the
evidence.
Attorney Nye replied. arguing that
the corpus deficit had been proven by
circumstances.
Eirst-The contracts for the furni-