The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-06-05

killing somebody should be frowned
down and should not meet with the
| stamp of approval. Counsel concluded
by asking the jury not to be governed
! by any false or erroneous ideas of
justice in this case, but to exercise
common sense and find verdict in
accordance Herewith.
JUDGE POWERS.
Judge Powers followed Mr.. White
more and made an eloquent and telling
argument for the defendant. He called
attention to the fact that the issues
in a case of the kind where the life of
citizen was at stake and the re-
sponsibilities thrown upon the jury
were greater than in any suit where
| the interest was of pecuniary ma
ture. The consequence Of mistake,
| Of taking life which none but God
can give would be very great. The
prosecution, said counsel, demands at
your hands the blood of this man The
county attorney has pictured him as
cold blooded monster and he has ar
rived at this conclusion from facts
which are not borne out by the evil
dence and which exist only in the
fancy of the prosecuting attorney.
l, however, accept his gauge of battle
as thrown down by him and meet him
on his own ground.
Judge Powers then drew picture of
the quiet Sunday morning, the city
| envelopeG IN a mantle Of snow, the
white fakes still silently falling, the
good people getting ready to go to their
various places of worship. the sacred
bells calling them, the ringing out OF
three shots on the still morning air
and the passing Of the soul OF Wai.er
Dinwoodey TO the presence of his
| maker.
Counsel then pointed out that the de-
PENDANT was guilty either of murder in
the first degree or he was not guilty
at all. The prosecution took no middle
course, they asked for blood and blood
alone.
Judge Powers then defined murder
in the first and second degrees, man
slaughter and justifiable homicide, ana
| commended that this case belonged to
the latter class In defense of his
home and the honor of his wife man
is justified in staying This is the law
of God as well as the law OF man, II
was made for the protection OF the
purity of the home. 1T was thundereo
from Mount Sinai when the seventh
commandment was delivered to Moses
and among the Jews the penalty Tor
breaking it was death. When the
Savior came the death penalty was re-
from the man who committed adultery
TIE debaucher of the home shall die
and the husband, his slayer. shall go
free has been either the written or I'M
written laws of the Greeks, Romans
English and Americans. 1t is law IN
America today which is universally re-
spected. Counsel cited many cases IN
all of which the jury had returned YER
diets of not guilty. The man who vio-
| csfth a takes his
life in his hand and wars against So
ciety.
Brigham Young. differ as we may in
regard to his character, all must admit
was man of genius, a leader and a
law giver. He placed his signature
to the law ON the first statute book OF
the territory of Utah. in 1852. that the
slayer of the outrager should go free
It obtained during territorial days and
was placed on the statutes of our state
Those who made the laws were as ca
paible of judging what was right an6
lust as the prosecution who claims fol
blood
DEPICTED AS A WRETCH.
This defendant has been depicted az
an inhuman wretch, as perJurer anc
liar Harry Hynds must be known Il
the prosecution said counsel, and they
true. He has shown himself to be {
truthful man and he is an honorable
man. He told his story on the witnes!
stand without attempting to shield
himself in the least. The prosecutor
has no right TO badger man because
he is on the witness stand any more
than one has to torture an ANNA
driven into corner. Hynds. although
a gambler, and Notwithstanding th'
statement of the county attorney to th'
contrary, had elevated the woman by
making her his wife, he was Away!
kind to her, never a suggestion of al
unkind word or act. he provided fot
her we'll and loved her truly.
Here counsel said it became his dut!
to say something about Walter Din
woodey. 1t was with great regret h
did So but in justice to his client h
was obliged to refer to him. He wh'
had paid the penalty with his life
came of an excellent family. he hal
been well and carefully trained. Will
listening to the preaching in the grea
tabernacle he learned better than t,
become the violator of his neighbor'
home His brothers, by their test
mony, had sought to establish that tn
woman led Walter astray, that she wa
entirely to blame. I cannot believe ii
J said Judge Powers. It is the nature o
|
make advances. Dinwoodey was not
boy. although the county attorney call
HIM such, he was % years of age. a
cd as the woman, he knew what h
was doing and it cannot be pleaded 70
!. him, as Adam pleaded. that the
woman tempted him. Counsel the
pictured the scene of the night before
when Dinwoodey took the place OF tn
husband at the dinner table. took hi
place in bed and fingered there till lat
the next day. when the sunlight locke
in upon the guilty pair, and the unsuS
pecting husband arrived. The seen
: which followed was graphically de
scrbed by counsel. the meeting wit
: Mrs. Hynds. the finding of Dinwoode
| and the killing. Great stress was lai
on the fact that Hynds had attempte
to control himself. had repeatedly OF
| dered and commanded Dinwoodey t
get out, to leave the house, bu
| urely and carefully to dres
, himself. stood in front of tn
t mirror arranging his necktie, Will
Hynds raved Hike maniac, as he wa
| at the time. Then, when Dinwoode
. said Come with me, Maud, I Wi
take care of you." it was past huma
endurance and Hynds wheeled roun
and shot.
POWERS AND ZANE.
Judge Powers then scored the prose
cuticn for what he said was the unfai
!. way in which the prosecution had bee
, conducted, the effort to suppress tn
truth, which counsel said had bee
made. He criticised the injection int
the case of private counsel represent
L