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

act is done without due caution and
circumspection. So, then, there are
different degrees of homicide, none of
which the distinguished counsel for
I the state has brought TO your atten-
| ton, except murder in the first de-
gree, which he declares the defendant
is guilty of.
Now, then, the law also says that a
homicide, which is the killing of a
human being, may be excusable, and
it may be justifable There are cir
cunstances under the law which ex-
cuse a. killing, and there are circum-
stances under which the law justiffas a
killing; and when the law justifies a
killing, the law says that the killing
ought to have been done. Homicide is
eXcusable when it is committed by ac-
cident or misfortune, in doing lawful
act by lawful means. If you were a
motorman upon a. street car and you
should accidentally run over and kill
another, that is homicide, but it is ex-
cusalble. 1t is excusable when the kill
ing is done by accident or misfortune;
and in the sudden heat of passion upon
sudden and sufficient provocation,
or upon sudden combat where no undue
advantage is taken and no dangerous
weapon is used.
There are times when a killing is
justifiable. 1t is jUstifiable when COM
mitted by public officers and those act
| ing by their command and in their aid
and assistance; first, in obtaining ODE
dience to the Judgment of a competent
court; second, when necessarily COM
mitted in the taking of felons, or ar
resting felons fleeing from justice or
resisting arrest; and it is also justi-
fable when resisting an attempt to
murder, or when resisting an attempt
to commit a felony, or an attempt to
do great bodily harm. 1t is justifiable
in defense of your habitation, of your
property and of your person. Where
one manifestly intends by violence
and surprise to commit felony, as
whenever a man in a violent manner
tries 10 enter your dwelling and to
offer violence to those who are living
there; and it is also justifia BILE in de-
Tense of the person of your wife, of
your parent, of your child, of your
master, of your mistress, of your SER
want, where there is reasonable ground
to apprehend' a design to commit a
felony or do some great bodily injury,
and there is danger of the accomplish
ment of the design.
1t is also justif1able when it is COM
mitted in the heat of passion caused
by an attempt of the offender to COM
nit a rape upon the wife or the
daughter, or the sister or the mother.
or other female relative or dependent;
and it is justifiabie under the laws of
this state when committed in a sudden
heat of passion, caused by an attempt
to defile the wife, or when the defile-
ment has been committed, or when
there. are such circumstances as would
cause a rational or reasona bic man to
believe that the offense had been at
tempted or that the offense has been
committed. And when homicide is
excusab BILE. and when homicide is justi-
fable, the law says fhat the defendant
must be fully acquitted and dis
charged.
THE STAYING OF AN ADULTERER
UNSUITABLE.
More or less criticism has been made
in your presence, of the law which is
written upon our statute book, and the
object of which is to preserve the pur-
ity of the home and the marriage re-
lation. 1t has been said here by the
distinguished counsel who preceded
me, that nowhere and at no time was
there ever any law that the adul&erer
should die" He said to you, that IF
that had been the intent of the legisla-
ture, they would have written it in
the statute book" and at no time"
says he, has it ever been the law of
man that the adulterer should die" 1t
not only has been the law of man, but
il has been and it is the law of Godl
i vi IliC IolUI6 says. lie HAL IndJ
Committeth adultery with another
mans wife, even he that committed
adultery with his neighbours wife the
adulterer and the adulteress shall be
put to death" And, under the law of
Moses, it was given to the husband to
cast the first stone, for they were
stoned to death in those days All no
time has that law of God been changed.
1t was written in the divine command
amid the thunders of Sinai, and in the
seventh commandment, "Thou shalt
not commit adultery" So far as the
man is concerned, this law has never
been modified or changed. Nay, more;
God has written it so strongly and
deeply on the tablets of the human
heart. that man after man went into
this jury box and testified that his
feelings were so strong in case of this
kind, that he feared that he could not
do justice to the prosecution
After the Savior came upon the earth
they brought to him a, woman charged
with having committed adultery, and
I demanded that she be stoned to death
according to the law of Moses. So far
as the woman was concerned the rule
was changed. The Savior, looking
ABOUT him, said, Let him who is with
out fault cast the first stone And,
beheld, they all left. And Christ said
to the woman, Woman, where are
thine accusers Perceiving that they
had gone, he then said to her, Go,
thou, and sin no more" In that re-
specf, so far as the woman is con-
cerned, it may be claimed that the law
of Moses has been modified; but il has
not been modified so far as man is con-
cerned
I can do no better than to make a.
part of my argument the language of
a, distinguished man and jurist, which
bears directly upon the ma tiers we are
now considering:
Mr. zane-From the Sickles caseo
Judge Powers-No; this is the case
of Biggs vs.. the State, 18th Georgia,
page 723.
A STRONG CITATION OF THE LAW
The learned judge who delivered the
opinion of the court says: HAS an
American jury ever convicted a hus-
band or father of murder or man.
wife or daughter2 And with this broad
and comprehensive enactment standing
upon our statute book, is it just to ju-
ries to brand them with perjury for
rendering such verdicts in this state
Is it not their right to determine
whether, in reason or Justice, it is not
as justifiable in the sight of heaven and
earth, 70 STAY the murderer of the
peace and responsibility of a family as
one VINO forcibly attacks habitatdon or
property? What is the annihilation of
houses or chattels by fire and fasot
compared with the destruction of fe-
male innocence; robbing woman of that
priceless jewel which leaves her a
blasted ruin. with the mournful motto
inscribed upon its frondals, Thy glory
! ic 1proa cd n11, 10,