The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-04-03
CLOsING ARGUMENTs.

At the opening of the morning ses-
sion a. B. Hayes began his closing ar
Sument. Mr.. Hayes spoke for the en-
tire two hours of the morning session
and 20 minutes in the afternoon. His
speech was listened TO from beginning
to end with the closest attention. Peo-
pie standing in the halls who could not
catch sight of the speaker, listened in
tentIy to mis- keen, logical forcible ar
raignment of William Edison.
He opened with stating the legal
phases and principles involved in the
case from the prosecutions standpoint.
eNeXt he scored Ar. Maginnis for adj
vising the jurors to be swayed by their
feelings rather than by the law and
evidence in the case.
He scored Mr.. Peyton, who, coming
from the land of chivalry, could assist
in a defense that sought 10 blacken the
character Of an innocent girl.
Bit by bit the speaker reviewed the
evidence, using sarcasm, pathos, hU-
NOR to assist the logic of his argu-
1nent He covered the entire ground
from beginning TO end. though he
passed rapidly over the points dwelt
on by Mr.. Peery.
son committed the crime because his
love drove him to passionate jealousy
] was especially attacked by Mr.. Hayes,
Sand the testimony was quoted to dis
prove this theory. He admitted that
there was such thing as passion in
human nature, passion which. when
z man had satisfied il. he cast the
woman off, and he asked the jury to
consider which of the two it was that
consumed the defendant, love or sex
ual passion. Even SuppoSing the teS-
timony were true, and that defendant
had entered into the marital relations
with the prosecuting witness, it was
Iafa nd
that. and knew the testimony that the
defendant would give he arraigned
them for attempting to place the re-
sponsibiity for that attack on the pros
ecution.
THE CHARGE.
At 2:2O the judge begun the reading
of the charge to the jury. The crowd
listened with the most rapt attention
while the charge was read. 1t involved
many points Of especial interest to at
torneys.
After the preliminary definitions of
the offence charged. his honor said:
ASSAULT WITH INTENT TO MUIR
DER.
1.-THE court, therefore, instructs the
jury that to constitute an assault with
intent TO commit murder, the facts and
circumstances must prove that if
1CdAl lidQ 4tDOAACu lIdl lllC NtiSUQdnl
would have been guilty of either muir
der in the first or second degree; and
therefore, before you can convict the
defendant of this charge, you must be
satisfied beyond A reasonable doubt,
from the evidence. not only that the
defendant, without any just fl able cause
81 legal excuse, as explained in these
Instructions, attempted to kill the Wit
ress Lille OFT, in manner and form as
charged in the information. but you
must believe from the evidence beyond
a reasonable doubt that at the time the
defendant shot the witness he had
formed in his mind deliberate. wilful,
premeditated purpose to kill the wit
ness Lille OFT, and that he shot with
the intention of effecting that pur-
pose; or, if the jury believe from the
evidence beyond a reasonable doubt
that the unlawful shooting of Lille OFT
al the time was the result Of malice
aforethought, though suddenly pro-
duced at the time the shooting was
done even though the shooting was
without reconciliation or deliberation,
then the defendant would be guilty of
an assault with intent TO commit MUIR
der; because in the latter case, if death
fiaG resulted he would have been guilty
of murder in the second degree. There
fore, in either event, if the jury believe
from the evidence beyond a reasonable