The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-04-02
His Case Will Go to the Jury
Today.
HAYES CLOSING ARGUMENT
WILL BE MADE AT THIS MORN
ING'S SESSION.
County Attorney Peery Opens For
the Prosecution With a Strong
Address-Judge Maginnis and
Colonel Peyton Make Able Argu-
ments For Edison.

Never in its history has the court
room been besieged with such a throng
as sought entrance today when the
Edison trial was in progress. The SEN
sational incidents of the day before
the charges against the character of
Miss OFT, and her prompt, dramatic
denial of them in open court-were
fresh in the minds of all who witnessed
the dramatic scenes OF me preccu4ns
DAY.
That a better defense than was
thought possible had been made was
conceded even by those who believed
it 10 be a false defense and besides d
feeling of expectancy and uncertainty
as to what might happen was abroad.
Long before the hour of assembling
had arrived the seats We're filed and
the corridor thronged. Pending the
opening of court laughter and jest
went around and the case was dis
cussed eagerly
Attorney A J. Weber was badgered
good naturally over slip made in The
Herald's report of yesterday. whereby
by looking at the matter beneath one
subhead Weber was made TO appear as
having been denounced by Miss OFT
as her traducer The incident Of the
described in The Heralds account at
just the point of the trial where it
occurred. Just as Mr.. Weber had be-
gun his scathing ToSS-eXaminatiOn of
Edison, and the careless use of a pro-
noun made the paragraph, when read
by itself, appear to state that Weber,
and not Edison. was denounced, and
that the passion of the attorney was
for this reason. and not from anger at
the attack on Miss OFT. And so such
jest and laughter went around while
the people directly concerned in the
trial were busy arranging for the final
struggle.
On the opening of court it was found
that c. c. Bail, the missing witness,
was not in court.
ADDITIONAL TESTIMONY.
The defense meanwhile put on DR..
Joyce to break the force of DR.. Cor
donss testimony.
DR.. r. s. Joyce testified that in the
case of a female of mature years it
would in many cases be impossible for
a physician to swear positively as to
her previous relations, even if a COM
plete examination were made.
FINED FOR CONTEMPT.
Mr.. Ball had not yet arrived and the
attorneys could not agree as to what
he would testify to. While they were
arguing the case Mr.. Ball arrived and
the court said:
Mr. Ball, when were you sub
poenaed?"
Last night"
You are fined So"
But, your honor
You may be sworn" said the Judge.
And Mr. Ball was sworn
The witness said he lived about a
block from the scene of the shooting.
He heard only five shots. He went up
there and found several others at the
place.
! Cross examined, he said he was just
as sure that the shooting took place
near the corner of Thirty-fourth street
as he was sure that five shots only
We're fred.
Mr. Ball was the last witness.
The court decided to make no limi-
tations as to the time Of arguments
except that the jury must take the case
before night.
MR.. PEERY'S ADDRESS.
County Attorney Peery began the ar
gument, saying that he was bound by
a solemn oath. as the jurors were, TO
do his duty He was sworn to protect
the innocent as we'll as to pursue the
prove certain things and its promises
had been fulfilled, not only by the
states witnesses, but had been sub
Stimulated by the witnesses of the de-
Tense.
MR. MAGINNIS OBJECTS.
Mr.. Peery devoted few moments to
q whitening arraignment of Edison for
his attack on Miss Otis character. Mr. |
Maginnis interoosed an objection to
Mr. Peery's line of argument, saying it !
was appealing to the prejudice rather
than the reason of the jurors. The |
court Immediately overruled the objec- |
ton and Mr.. Maginnis excepted, asking |
that the reporter transcribe Mr.. Peery's |
remarks He attacked the insanity /
proof offere5 by the defense. He |
showed that by the defendants own
witnesses he had been cheerful until |
September 1, and yet had been rejected /
by Miss OFT six weeks before, and had |
returned her letters. About Septem- |
testimony, made a threat against Miss
OFT when, after she had refused to
make up, he said: You'll die, then"
Mr. Peery reviewed the testimony of |
the defense, taking up each witness
and analyzing the testimony in a way
TO show there was no proof of insanity.
HAS it come TO this said Mr.. Peery,
"can a man go about the community
morbid, morOse, sullen, with bloodshot
eyes and attempt to take a human
life and claim responsibility because
of those things2 If so then l say close
UP your courts, dismiss your peace
officers, arm your daughters and teach
them 10 defend themselves against
men with insane impulses"
MR.. MAGINNIS' REPLY.
w. L. Maginnis began for the defense
- 11:45. He outlined the history of
the Jury system, and how juries had
become the protection of the individual
against the infleXible DEGREES of the
law when infexibility would be injus-
lice He defined and explained the de-
grees of murder and their various dis
tinctions.
There are impulses that are uncon-
trollable; no man can resist them. The
defense had no experts because his
friends could not pay for experts. For
two and a half years he had been en-
co3raged: for two and half years he
had been received with every mark of
affection and favor: then he was sud-
denly cast aside like an old shoe. OF
course he would try to seek an inter-
view. OF course he was jealous of Nc
-abe; and when, after having his hopes
raised to the highest pitch, he came 10
Fac trysting place and was met with
Scornful disdain, delivered in the pres
ence of a successful rival.