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

After a deliberation of nearly seven
teen hours the jury in the Hynds muir
der case, at $50 o'clock this morning
brought in a verdict of not guilty.
II was nearly 3 o'clock when word
was sent to Judge Hiles and the in
terested parties in the case that the
jury was ready. to make report. Half
an hour or so elapsed until the judge
convened court. and received the YER
diet. None of the attorneys in the case
were present. The defendant, how
ever was on hand, and shook hands
with each member of the jury after
thu verdict had been rendered.
The case reached the jury at
few minutes after 10 o'clock yes
terday morning. but until o'clock
the jury did not agree upon
verdict, although they had been wrest-
ling with the problem all day and
most Of the night. The judges charge
was considered very favorable for a
verdict of not guilty and surprise was
expressed that a verdict was not reach
ed very quickly.
Promptly at $50 everybody connected
with the case were in their places and
after the polling of the jury by Clerk
OF the Court Stanton, Judge Hiles COM
menced his charge to the jury. the
most important points of which were
as follows:
THE CHARGE.
Gentlemen of the Jury: The defendant.
Harry Hynds, is accused by this indict-
ment of the offense of murder in the first
degree. Ine Indictment alleges in SUBJ
stance that the defendant on the LIST day
OF March, A. D. 1896. at the county of
Salt Lake, state Of Utah, feloniously and
ft.af a-l1 IA L
Walter j. plnwoodey, by shooting him
with a pistol. Murder is the unlawful
killing of human being with malice
aforethought Such malice NAV be ex-
pressed or implied. 1t is expressed when
there is manifest a deliberate intention
Nnlawfully to take away the life of a fell
low creature. 1t is implied when no con-
siderable provOcation appears or when
the circumstances attending the killing
Show an abandoned or malignant heart
Every murder perpetrated by poison. ly-
ing in wait or any other kind of wilful
deliberate. malicious and premeditated
killing. or committed in the preparation
or ATTEMPT to perpetrate any arson, rape,
burglary II robbery, or perpetrated from
a preneditated design unawfully and
maliciously to effect the death of any
other human being other than him who
is killed, or perpetrated by an act great
ly dangerous TO the lives OF others. and
evidencing a depraved mind, regardless
of human life, is murder in the first de-
gree
MURDER IN SECOND DEGREE.
Murder in the second degree is the I'M
lawful killing of a human being with
malice, but without any admixture of de-
liberation or generalization. The term
malice means a wish TO vex, annoy or
fnjure another person. Manslaughter is
tbs, unlawful killing of a human being
without malice. 1t of two kinds:
/ Voluntary Upon a sudden heat of
passion.
3 Involuntary. In the commission of
an unlawful act, not amounting to a fell
ony, or IN the commission of lawful
act which might produce death in an
unlawful manner, or without due eau
ton or cfrcumSpeclion.
To constitute murder in the first de-
gree there must be premedit3ted de-
sign to kill, but it matters not how short
the time may be between the forming of
the design TO kill and the striking of the
fatal blow; or if the killing be done in
tho preparation or the attempt to perpe-
crate any arson, rape. burglary or rob-
berry, il is murder in the first degree even
though there may have been no premedi-
tated design to kill. The killing may be
done by any of the various means or
forms of death by which life may be
overcome.
The burden of the proof is on the pro-
secution to prove all the essential acts
constituting the offense charged. to your
satisfaction, beyond d reasonable doubt
The intent OR intention with which an
act is done is shown by the circum stances
connected with the act done, and the
In determining whether the defendant
acted with the. specific intent to kill, and
with the elaboration and generalization
which is charged In the Indictment, you
must take into consideration all that he
may have said or may have done, so far
as the evidence may show he did say or
do anything, and from it all determine
whether he did in fact kill the deceased
with the malice, with the elaboration
and generalization charged in the indict-
1nent
You are further instructed that section
44e1 of the compiled laws of Utah prefac,
the cases In which homicide is justifiable
and among these is the case where thu
slayer kills in d sudden heat of passion
caused by the attempts of the person
killed to commit q rape upon the wife O
the defendant or daughter, sister mother
or other female relation of defendant
or to defle the same or when the defile
ment has actually been committed.
In this connection charge you that tn
seduction or the having of Illicit carna
intercourse by a man 18th the wife o
another, without his consent or conniv
ance, or with the daughter, sister, mothe
or other female relative or dependant o
the defendant, is deflement of sucl
female within the meaning of this statute
whether such intercourse was with th-
consent of such female or not.
In this case the defendant admits tina
he shot and killed the deceased. but h,
claims that he was justified in so doing
because it was suddenly made apparen
10 his mind that the deceased had jus
recenflv defiled his wife and that III
sudden discovery and the attending cir
curnstances of the discovery so w~ough
Upon his passions and feelings that h
was impeiled, whilst under great heat 0
passion. TO fire the fatal shots and tina
he was controlled solely by such heat O
passion anu not from any wilful purpos
formed upon cool elaboration and pre-
meditation to kill the deceased
Before you can justify the defendant 70
the killing it must appear to your salts
faction, first, that the defendant acte'
wholly under the influence of such hea
Of PASSION: second. that the circumstance
surrounding him were sufficient to induc
the belief in reasonable person, actinl
with ordinary caution. that his wife hal
been defiled by the deceased; third, tina
Maude Hynds was then the wife OF de
PENDANT
Il is sufficient to show that defilemen
has actually been committed, If tn
parties are discovered. or are taken il