, 1897-03-12

The CHEYENNE CORRESPONDENT of the
Denver News gives the low ac-
count of Yesterdays proceedings in the
Trammeu rr;al:
The nroceadinqs of the last div of the
irtal were commenced nv Judge knight
wbo delivered IN rhe iury tha ips,ruc-
tions formulated last night The in
sTructions were very lengthy.
The Judge defined the three Stages of
murder recognized nv the State ot Wyo.
ming as: Murder in the first degree. in
which nurnose malice and nremedi,a-
tion are shown. murder in the second
degree where nurnose and malice .1ope
exis, and manslaueh>er whore there is
neither purpose malice or nremedits-
tion
After the degrees of murder had been
with the general instructions. He STAT
Cd thar threats made nv the deceased
would not Justify killing: he defined
murderous assaults and said that words
or abusive ,anguaee were MOI, sufficient
warrant for il.
The iudge then took I'M
and stated Tint il was necessary for The
defendant to show tina, he WINS in i'm
mediate danger Of destb ar ereat bodily
harm sucb nc ,,,ld ONLY no .ror,.d hv
taking the life Of his ]onnopen, He s;,,-
ed ,bat the law required thai the person
in such a positjon relreat if possible. in
stead of defending himseIf but did nor
require n person to r%elinouish his
ground if he enhanced bis danger by
50 doing .Judge KNIGHT held hat the
defendant mus, he allowed 70 net on the
moment: 10 do what he thought hest nj
the time, md that it was the duty Of the
iurv to view the case from the defend
ants s%tandnoin,
Judge Knight ruled that the state
ments made by the defendant in the
sherif's office after the homicide could
not be used against him, but could be
brought forward to impeach a witness.
! ne JnlSe instructed the Jury TO place
the same value upon the dispositions
thai they would give testimony offered
in person. and explained the difficulty
experienced by a man with no means in
bringing witnesses from adjoining
states.
Judge knights Instruction in refer
ence TO dying declarations was clear and
concise. He stated that they should be
received with great caution and ignored
entirely if there was any evidence to
show that the defendant was uncon-
sc'ons "heh he spoke or ina ne was IN
h"ehceo ny tnose arouha MIN.
Inc Judge concluded MS instruction.
by eHplalhing 10 the jury the form IN
, 0' va
"nen '"uee hh'sne h"isheu HIS III
s'l"c''ohs attorney w. H. o'oii' loT the
ueiehSe' 'ooA eAcep''oh 10 every lhs'ruc-
\" o'eie' w 'he PROSECUTION anu 10
every instruction OF the uetense that mas
oeeh '''oineo ny 'he court.
Judge Knight then announced hal he
was ready for the arguments. Judge
Gibson Clark opened for the prosecu-
tlon in a brilliant effort. He prefaced
his remarks by reminding the jury OF
the solemnity OF their position; OF the
duty that they WED to themselves, to
the state and to society. He cautioned
them to remember that the prosecution
nad no Ill VIII toward the defendant,
out were simply trying to do their duty
10 the people n to Almighty God.
Judge Clark was interrupted in his
argument by the clock striking ~,
~whereupon the court adjourned until
1:3O p. m.
At 1870 the court reconyened and
Judge Clark continued his argument
bitterly arraigned Trummell. stylins
him a cowardly and wilful murderer. He
stated that there were witnesses in the
trial who were guilty of most wilful
perjury. He argued that IL Trammelrs
statement was true thu a dozen others
were false. He asked il the dead man
should b,,o 1T. .~.. Iy-