The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-10-23

every one must feel more sympathy
for her than they would for a nian
under the same circumstances, but
this is a matter OF protection. This
Wonan'S crime cannot be overlooked
without encouraging ether women TO
commit similar crimes. Counsel con-
Guided by asking the jurors not to let
their judgment he o6scured by the
fact that the defendant is a woman
and to return a verdict of guilty in
accordance With the facts and the
evidence.
Mr.. FRED T. MGURRIN
The address of Attorney Fred T.
NIcGurrin made is said to be his
maiden effort before a jury, at least it
is the firss very important case the
youns attorney has had. He did him
self great credit both in the matter
of his argument and the manner of
its delivery and was warmly con-
graduated when he closed.
He began by asking the jurors to do
their duty as they had sworn, he
asked that they require the state TO
prove that Mrs. Hamilton is guilty
and not her to prove that she Is in
nocent- If the jurors did as they had
sworn to do the defendant would be
satisfied.
Counsel then referred to the open
ing statement Of the prosecution in
which they said they would prove that
with malice afoFethought and With
generalization the defendant had Killed
and murdered her husband John Fl.
Hamilton. Mr. NIcGurrin held that
the prosecution had utterly failed to
show malice or anything approaching
IT,
1t is neither my purpose nor is it
my inclination, said counsel, to de-
tract one shade from the character of
Johnnie Hamilton. but his wife must
not he sacrificed upon the altar of his
blameless life She loved him. but as
many have done before and many VIII
90 again, wrecked happiness and home,
and all upon the rock of the social evil.
She lost that which time, Wealth. in
huence ana your verdict cannot re-
claim, \ woman's only jewel, her
virtue, and out of this terrible ordeal
through which you have seen her
pass, her Widows weeds and ever
lasting disgrace-sureIy neither hui
mainly nor justice could demand that
she suffer more. Forced in her youth.
by dire necessity, to follow the divine
edfct and earn her bread by the sweat
of her face. she is not to be judged
by the standard of those who never
knew want TO-. too often prostitu-
ton is the product of poverty
MI -ASNhIilA lENaEWtl the feStl-
mony Of a. H. Kelly ana Justice Som
mer and referred to both in most
scathing terms.
BE scored MI and Mrs. Seldom, the
brotheT-in-law and sister of the de-
PENDANT, for testifying against her. He
said never in the history of American
Jurisprudence had sister been con-
yicted on the testimony of a sister Mrs.
Seddon, counsel characterized as q
most despic2ble woman and one whose
( testimony was not worthy of belief.
Four witnesses had testified in sub
stance that Mrs. Hamilton had bought
the cartridges in the afternoon, when,
as matter Of fact, it was in the fore
noon Counsel Illustrated from this the
! danger of the jury relying on circum-
stantial evidence, and especially such
rotten" cireumstantial evidence as
! the prosecution relied on to establish
} its case.
Mr.. McGurrin. in proof that Mrs
( Hamilton contemplated suicide. referred
! to the anxiety which Mrs Seldom on
several occasions had shown lest her
i sister. Mrs. Hamilton. had taken poi
son, how she watched her and followed
! her around and woke her up several
times when she was sleeping heavily
{ on the lounge in the afternoon.
( No sane woman who intended TO muir
der would so ont openly in daylight in
a city where she was well known to a
/ store and without any attempt at con-
( cealment buy cartridges and then shoot
/ her victim with those same cartridges
Counsel reviewed the testimony of the
! Seddons, and pointed out its many in
I consistencies and contradictions, es-
peCialIy between that given at the cor
oRer's jury and at this trial. Eighty
, six times have they admitted to per-
jury, and yet on the evidence of those
/ people the prosecution asks the Jury
/ TO send this woman to the galloWs
! Counsel didn't know and didn't care
I who had put Seldom and his wife ur
! to it, but their action was most in
/ famous
( If J. H. Hamilton. when Pavey ad.
mitted TO having debauched his wife
Z did not XIII Pavey, an act in which he
would have been justified by the stat
utes, it is Just likely. said counsel
! that he would try TO kin his wife This
| woman has committed one error in for
/ getting her chastity. but she has atonec
( for it: for seven long months she has
: lain alone on 4 sick bed in the county
/ jail, but she IS not to be bounded for
ever for that. when man was a new
invention" said counsel. away bach
! in the early history of the world, tho
: laM Was lnal a woman 50 SIABlNSs 0t
stoned to death. but the Na2arene in
stituted 4 new law when he told the
( fallen woman to go and sin no more
Where is 'Pavey2 Why is he al
( lowed to SO unwhipped Of justice ant
! yet the prosecution stands here call
} ing for justice. He may sit in SONS
/ fashionable club and tell how, away
( back in the mountains of Utah the lit
! tie girl in the book bindery could no
! resist his Wiles, but he goes unpun.
| ished because he belonged to that silly
set called the 400.
Mr. McGurrin concluded by a fine pc
! roration. John II Hamilton is alone in
Of the dead with the Dishtingales sing
! Wasatches, but yet he is not alone, fOl
the heart of this woman is with hin
! in the grave. She loved him in life
and she loves him still and her heart
! is buried with him. You cannot give
| her back what she has lost but you car
/ give her liberty and you ought to dc
JUDGE POWERS.
Judge Powers talked ably and elo.
auently for three hours. Talked is moi
| the right word. for his address was
masterpiece and no synopsis crushed
! into the space OF 4 column can give an5
| adequate idea of the force, substance
| and effect Of his plea.
The most striking references made
| by him are touched on as follows:
The Judge said he approached the ar
! gument feeling deeply the responsibility
| resting upon him, for q human life