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

know that he told the truth. He frank
ly answered every question. He didn't
try to shield himself. He justified the
statement that l made to you at the
opening of the case, that he would tell
to you the whole truth. He went upon
the stand, and even though at times 1t
hurt him, and though he was piled by
the opposing counsel with questions
such as ought to cause indignation TO
rise in the breast of every unbiased
observer-suggestio concerning his
relations with vile women, which he
denied-he sat there, and where the
truth hurt him, told the whole truth;
and where the truth helped him, told
the truth! Whatever may be said Of
his occupation, whatever may be said
as to his past life, he showed there
in that witness box that he is a. manly
man, that he is a truthful man. Coun-
sci for the prosecution has said, Cen
tlemen of the jury, it is your duty to
take the suggestion that / make to
you. and you should compel this man
20 prove that he is not guilty; you
should compel him to satisfy you upon
all these propositions that l lay down
to YOU" Oh, what a strange sugges-
ton from the state. that should not
convict an innocent man! Counsel lays
down certain propositions and delivers
himself of certain suggestions and
theories, and then ne says, Gentlemen
| Of the jury. this man should have dis
proved thernp' He saws. why didn't
he put his wife on the stand? He fur
nished her the money" he says, "to
send her out of the state. We have
right to presume he says, that if
she had been placed upon the stand
| her testimony would have shown that
this boy" (as he calls him; he was a
| young man of mature years. this
boy was shot down in cold blood"
say that counsel had no right to say
! that, because he heard the wife's testi-
mony in the court below, and it lays
! there now upon the table before him,
and he knows that his statement
! would not be carried out If that testi-
mony should be read! He has no right
thus to try and mislead you. 1t is a
monstrous proposition. 1t is an awful
| thing for a, sworn officer to stand here
and insist that the facts are other
than he knows them to be-
! I CHALLENGE HIM RIGHT HERE
AND NOW TO LET ME READ HER
TESTIMONY TO YOU.
Although. as you may have gathered
from the letters that were introduced
| here today. influences averse to this
defendant have been brought to bear
upon her. ] don't like a. prosecution
of the kind we have here. that makes
suggestions: that says to you, we
/ a.
because they did not put her upon
the stand" You have no right In
/ a. criminal case to presume anything
| that is not justified by the evidence.
| ard that which counsel suggested TO
you there can be no justification for
They cannot ask you to cDnvicr upon
| a. within or upon a. run1Or. | say that
such a prosecution as that is cruel:
such a prosecution as that is an in
/ Justice; such a prosecution ought TO
cause the Goddess of Justice, TO whom
counsel so eloquently referred, to take
! her iron hands and hide her face in
shame, that such suggestions can be
made here in her name in hall that
is dedicated to justice.
THE DEFENDANTS LOVE FOR HIS
WIFE.
1t is in evidence that this defendant
had home in Salt Lake city; that he
! purchased that home and gave it to his
! wife To that extent il shows that he
had confidence in her; to that extent
it shows that he was liberal man;
to that extent it shows that he intend
ed that his wife should have a roof to
cover her SO long as she was his wife.
1t is true, he does not pose before you
here as a, saint. He has disclosed his
life fullv: he has not sought TO cover
UP anything; and / ask counsel now,
when they were inquiring of him as to
whether he had not visited brothels,
why didn't they go a step farther and
inquire whether he had violated his
marriage vows Was it because they
did not want to try this case as it
should be tried and develop all the
truth? Was it because they desired,
step by step, to carry out the scheme
they had already decided upon, and
by some snap-catch, to obtain verdict
from you, to wiring it from you in an
unjust way? Why didn't they ask that
further question? They gave Hynds
no opportunity to answer in regard to
that, and you are not going TO pre-
sumo anything. They had him ON the
witness stand: they walked up to that
point-and there they stopped! Coun-
sci for the government says that there
was dragged out Of this man, like you
were pulling teeth the statement
that he loved his wife. 1t wasn't neceS-
sary to draw that statement out of
him at all; all the facts show it. He
gave her a home. He took her when
she was a mere girl and had been led
astray and he made of her a wife.
Counsel says, "You cannot elevate a
woman if you are a gambler. What
is she but a gamblers wife,"
The counsel omitted to say that Harry
Hynds is human. He does not know,
or if he does know, he has not told you,
that in the breast of the downtrodden,
yea, the breast of ALL there exists love
love that is deep and abiding, love that
lasts long and dieth not.
Though Hynds may have been a.
gambler, when he took that girl, whose
early life you know not-took her and
made her his wife, drove from her
those who might contaminate her, and
gave her a home, he did elevate her.
He made her the queen of his house
hold. He gave to her the keys of his
honor. He elevated her upon a. pedes-
tai which all the insinuatious and all
the unjust suggestions of the other side
cannot tear down Stop for moment
and think Of it. Consider whether the
suggestion made by counsel were just.
were fair, were right. and whether thus
far the prosecution has conducted this
case as you would like to have it con-
Quoted concerning yourselves, if,
through misfortune, you were similar
ly situated and placed upon trial here.
1 say that when he took that girl from
her surroundings. took her. according
to the law, and made her his wife, she
became his; she was his alone: and L
wonder that even now, even now, when
a life has been given UP as the penalty
for the violation of that home, the Sug-
gestion is made that she is IAN alleged
WIFE" with no proof to contradict it.
You nave the statement of this defend
ant here that they were married. He
has told you when, where and by whom
they were married: and if his state
ment in that respect was not true, this
prosecution, which has sent cut it's
dragnet everywhere, would have had
proof to show you that these people