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


view to serve the ends of justice, and
it is fortunate for her that il is so. My
associate has depicted the scenes of
the story so graphically that feel only
to rise and say that our case mas betn
presented already.
The law knows no difference between
Il man and a woman. This girl staads
here to be acquitted or convicted as a
man would be Around her is woven
a net of cireumstantial evidence. II it
is not broken that gentle woman must
don the black cap and swing on the
galloWs as a man would have to do.
That is why [ feel the responsibility,
and ] shall try to present the facts 10
You so that You Will see your duty
Life is always sacred, none know from
whence it comes or whittier it goeth.
She is charged with taking life and
that the life of her husband, one who
was bone Of her bone and flesh of her
flesh. Women seldom take life. rarely
indeed is her hand stained with hu
man blood. The taking Of life is often
est done by man. This woman is
charged with taking the life OF one
whom she loved. whom she loves now.
Murder is the unlawful killing with
malice aforethoUght- All killings are
not murder. The prosecution has in
troduced evidence tending to show mall
ice, at lease implied nl64ee. There are
IN -aW different degrees OF murder.
Judge Powers then defined these differ
ent degrees and asserted that Mrs.
Hamilton was either guilty of murder
in the first degree and should be hanged
as high as RaUan, or she was not
guilty Of any crime. If she WAS guilty
il was Of the highest and most heinous
crime. The judge then defined man
slaughter. voluntary and Involuntary,
and homicide. Self-preservation is an
insti2ct found in the lower animals as
we'll as 81 man; out Of il grows the
law OF self-defense. It is the law of
this state, it is the law of the English
speaking race, it is the law of God.
The law surrounds persons charged
With crime with certain safeguards.
The presumption is that this woman is
innocent until she is found guilty. 1t is
better that go guilty persons escaDe
than that one innocent person be pun
ished. 1t is an awful thing TO consign
an innocent one to prison. but how
much more terrible to take an inno-
cent human life. The prosecution must
bring proof enough to satisfy the jury
that this woman killed her husband. the
presumption OF innocence is with her.
# the testimony can be reconoiled on
any theory With the presumption of in
nocence, it is your duty to so reconcile
it. There is mercy in the law. Proof.
satisfactory proof, must be given.
| know. said counsel. the strength of
my clients case. know the proofs and
on those proofs ask you to acquit her.
Judge Powers then reviewed the life
Of the defendant from her birth in Lon
don, coming to Utah when a little tot
of a girl: her school life. her learning
a trade to be able to support herself,
her marriage, her friends and her after
life. Men often do not treat their wives
right after marriage. They ofttimes
neglect them and show them none OF
the attentions they did before mar
rage. II may have been so in this case
1t is true her fault was great, but she
is not the first, and she is not being
! tried Cor that fault now
Who killed John H. Hamilton? Was
it that woman. or the serpent on the
hearth, that parasite who lives on So
eiety, who takes not a wife to himself?
| Why hasn't he, that Pavey, been
brought here? Shall she die for the
crime of that serpent? He knew she
was another mans wife. He was rob-
Der, q violator of the home and OF
woman's virtue. Such as he takes his
life in his hand. If Hamilton had killed
him I would like TO see the jury that
would convict him. He was the rea
murderer Of Hamilton. But he is not
I
shame. But it may be, yes. it is, thai
| Hamilton, by neglecting his wife left
( the door ajar and Pavey walked in
Counsel then went on to argue tha
Hamilton was of jealous disposition
+ and carried his jealousy to an extreme
{ He assaulted his wife while he le
/ Pavey, whom he should have killed, 81
! free. That, counsel said, was an inde7
! TO the disposition and character of thu
: --14 Ia n
/ Hamilton adopted to get a confession
! from his wife, and his breaking prom
/ ises made to her, that if she woult
confess he would forgive her and keel
/ the confession a secret from all tn
world.
Judge Powers then referred to tn
/ article in the Salt Lake Herald O
April II. outlining the trouble between
Hamilton and his wife, and the lat
! ter's connection with PaVey. The judg
! characterized the article as vile an'
{ scurrilous in the extreme. Such al
/ article should never have been pub
lished in any paper. Counsel read tn
article to the jury and drew the de
| duction that it had been inspired b,
Hamilton. either directly or Indirectly
: A man who would do that, counsel ar
! gued, would murder his wife.
You have seen Emily Seldom" SAT-
counsel, and 1 think that alone ha
repaid you for the trouble you have hat
on this jury. I am glad 1 have seer
| Emily Seldom. Everybody likes t
/ study human nature and she is a stud.
in human nature Then there ia Tom
her husband, that AFFECT creatur
called Tom. who is afraid Of his owl
shadow. He is ruled by his wife. Sh
wears the pants. Their thoughts ar
| alike, their perJuries are alike and the,
unite in weaving a rope to hang thei
sister" Counsel then went on to re
! view the testimony of the Seldom
| drawing the conclusion that thei
( statements were Of no value as agains
the defendant. Theirs was only circum
stantial evidence anyway. and but poo
circuinstantial testimony at that.
The testimony Of other witnesses 70
the prosecution was reviewed by Judg
Powers, and its weak points and incon
sistencies shown in vivid colors. II
dealt particularly with the various por
| tons OF the evidence going to shol
I that Mrs Hamilton had made threat
to take her husbands life and contend
ed such had not been established, an
that the threats were all against he
own life.
Counsel then reverted against to tn
"unspeakable Seddons," and said tina
| when they entered the court room
seemed as if the father of all lies ha
spread his wings over the scene. Thei
motive for false swearing was self
| preservation. to clear themselves the
did ii, Judge Powers compared tn
conduct OF the defendants sister. Flor
ence, with that of her other sister, Mr.!
Seldom. Florence was the only frien
-a,a Of EtIora3oca