The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-03-08
DEATH OR FREEDOM
FOR JOHN H, BEHBROOE
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to perpetrate, any arson, rape, bur-
glary or robbery, OF perpetrated from a
premeditated design unlawfully and
maliciously TO effect the death of any
other human being other than him kill
ed, or perpetrated in doing any act
greatly dangerous to the lives of others
and evidencing a depraved mind re-
CARELESS Of human life. There must
be elaboration. The killing must be
willful. 1t must be with malice afore-
thought. There must be no consider
able provocatiOn. The killing must be
unlawful.
Unless these six elements all exist.
homicide is not murder in the first
degree"
He went into detail as to other de-
grees of murder and manslaughter.
The presumption of innocence
stands as a shield to the defendant. 1t
is not an idle catchword: but a sub
stantial principle of law which you
must recognize. A man may be arrest
ed, examined, held without bail, placed
upon trial, yet through it all ne is pro-
tected by the presumption of innocence.
1t is wise and an ancient provision
Of the law, one of the elementary prin-
ciples upon which our fabric of govern
ment is built. 1t clings to the defend
ant until it is OverbOrne and crushed
down by evidence that satisfies every
man on the jury that the defendant Is
guilty. and that he is guilty as charged,
and that every material element going
to make up the offense charged is
proved beyond reasonable doubt.
Law of Self-defense.
THE great law of self-defense upon
which this defendant stands as on a
rock. is an instinct implanted in mans
heart 1t is the law of the Almighty.
1t operates without thought or mental
volition. Going downstairs, you start
to fall, and YOU instinctively grasp the
railing FOR protection. The act re-
quires no thought, no elaboration.
1T is in the heart Of the neanest
creature. The mouse eornered turns to
defend its little life. 1t permeates all
being. for self preeervation is the first
law Of nature We invoke that law in
defense of this man. He shot Morris,
but he did not do it through anger.
through revenge. through malice for re-
Venge or any other unlawful purpose.
He was in desperate fear of his life,
and he shot when he felt that he stood
within the shadow Of danger from
great bodily harm.
BenDrOOk mad TO act upon appear
ances. And that is the law. If the
appearances were such as to excite the
fear Of a reasonable man that he was
in danger of great bodily harm, he had
right to kill He could act on ap-
pearances, not as they seem to you
now, but as they looked to him then.
You must look through his eyes, and
see what he saw. He had TO act at his
peril. He could not wait. He could
not deliberate. In the light of Ben
brooks surroundings how did things
appear to him."
His denunciation Of the county attor-
ney was fierce, and during 1t feeling
throughout the court room was intense.
With his finger pointing at Mr.. Put
nam and a demoniacal look on his face,
he exclaimed in passion:
shame, shame upon the prosecution
which seeks to hang man because
he did not violate the lawi Shame,
shame, shame upon the county attorney
who denounees as a coward and
sneak man who did not take the law
in-o his own hands
Judge Powers spoke for an hour and
a quarter, wildly and rapidly. He viii
likely continue through the whole of
today.