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

private counsel has conducted and not
the sworn officer of the law. 1t is
case where the truth has been sup
pressed. The truth has been and will
be distorted. Referring now TO the
private counsel in this case, l hope, II
l can, to penetrate his epidermis, to
inc zee him to stand up here and dis
cuss the case as he would like to dis
cusS it. | hope that the wrath which
has accumulated within him during
the progress of this suit, will burst
forth and boil over in the appeal that
he will make to you To convict this
man. The more of that the better. The
more of that the better we shall like
it. But 1 say, it is a shame and a dis
grace upon justice, that anybody
should be prosecuted as Harry Hynds
has been prosecuted here; that such
questions should have been put to him;
that such infamous suggestions should
have been made concerning him; such
distortion of the evidence INDUCED in,
such suppression of the truth per-
mitted, for it has not been fair trial
upon the part of the prosecution.
The truth never would have BEEN
developed if we had not produced it
here. If we had rested our case when
they rested, do you think they would
have been men enough to say: I'VE
have men here, witnesses here, and tes-
timony which you ought to haVe?'
No; they would have argued to you for
the life of this man. knowing at the
same time, that the truth had been
suppressed.
ton? What ought 1 to say? 1 do
say this: That the public prosecutor
who permits private counsel to come
irto a cour. room and try cases as
this case has been tried, no matter who
is back of it or who has demanded it,
is unworthy to hold a public position.
The public prosecutor should control
public prosecutions. There should be
no viclousness; none of the leprous
dis'tillment that will be poured out up
on your devoted heads by the counsel
who will address you. 1 say that so
far as the prosecution is concerned, we
have not had q fair trial. We can
only hope that you, gentlemen of the
jury, under your oaths. will try the
case. not upon what 1 may have said,
and not upon what the prosecution
may say, unless justified by the evil
dence; that you will consider this case
just as you would any other that
might be presented to you. I could
not rest we'll upon my pillow as l
have no doubt that the gentlemen up
On the Other side can, if l had
resting upon my conscience the
possibility of the conviction of an
innocent man. Some questions that
were put to Hynds while upon the
stand this morning were outrageous.
Some men would have felt that they
must rise up and strike down the
shameless interrogation. When man
restraints himself as Hynds has on this
trial it is evidence 10 you, stronger
than any argument, that he is man
of wonderful self-control, and that
when he lost control of himself as he
did on that Sunday morning, the pro-
vocation must have been great indeed,
and he must have loved his wife. Oh,
he could not stay his hand.
THE HUSBANDS HAND IS GODS
THUNDERBOLT.
! The hand of the wronged husband
becomes the thunderbolt of God, and
/ it strikes in defense Of home and fire
! side. Hynds could not help doing
what he did Anger, revenge, jealousy,
/ love-all the passions, the strongest
/ passions of the human heart, contended
within his breast and brain for SUI
premacy They met and warred for
/ the mastery. His home violated, his
wife lately from the arms of another,
he was bereft of reason! He was swept
from off his feeE by overpowering
circumstances which he could not con-
troll You know that the human mind
is as intricate as the machinery of a
watch. When there is nothing wrong,
it works as do the wheels of that
little machine; but let n grain of sand
/ get into the watch, and everything is
wrong SO with the human intellect.
We cannot tell where the line of san
ity fades away, nor when we pass
into the realms Of insanity. Many a
man has become a raving maniac by
simply going to his home and finding
that his house had been burned, or that
his barn had been destroyed, or his
cattle manned. Many man, through
the loss of property, has been made a
raving lunatfc. If that be done by the
mere loss of property, which men may
again secure. think of the loss Of a
home and the loss of a wife? Harry
Hynds, though he be q gambler, is an
honorable man. Harry Hynds is hui
man. Harry Hynds loved his wife. No
other man had a right to her and he
could not control himself when he
found that she had been taken from
him.
IDINWOODEY FACED HYNDS
WHEN SHOT.
1t is argued here that in a cowardly
way Hy.nds found this boy, as theS
call him, and shot him in the back. It
could be done no other way. counsel
says Counsel stated that as a fact
and adds his testimony to the sworn
testimony of the witnesses. But, I'M
fortunately for him, he contradicts the
doctor The doctor didn't tell you that
the bail went into the back. He told
you this ball that went in here Gndi-
eating point of entrance) might posi-
bly, have gone clean through and come
out at the back. He didn't examine
went in at the right shoulder and
went down, and he thought that was
the one that came out Of the back
thought he didn't make sufficient eX-
animation to tell. Another ball struck
in the head. ranging down in this di-
rection Indicating the ddrection). Il
the first ball struck Dinwoodey in the
stomach, naturally he would staggel
forward and as he did that his head
and back would be down, and the bal
would strike exactly as shown. The
powder mark would be upon the back
of the vest So that all the argument
they make to dispute Mr.. Hynds, does
not, in fact dispute him. All Their
theories are dispalled by the facts as
they are shown to exist here.
Why, I sometimes think that Mr.
Whittemore has not yet forgotten his
childhood. He stands before the jury
and from the Pigments of his brain fills
the air with bubbles, which to him are
castles, and flowers, and blue skies
and fieecy clouds in them; and hi
stands and he looks upon them. ant
he imagines there is something sub
stantial before him. He never stops L
think that it is a picture drawn by