Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-01-19
MR., STRAUSS OPENING.
Elective Presentation Of the Legal
Aspects Of the Case.

j n straup commenced the opening
umsnt for the defense promptly on
hour, and made a fine presentation
The legal aspects Of the case.
r slraug first called attention TO
section Of the Utah statute which
tressly justifes the killing by a hus-
~ q the seducer OF his wife. when
p Killing is done In the heat Of pas
b That, said Mr.. Straup, described
killing In this case, and Capt, Mills
as thoroughly justified as would be
oficer who executes under the law.
Phis statute had been referred TO by
prosecution as a relic OF barbarism.
tere Mr. Van Colt, the assistant
fseeutor, Interrupted TO say that he
not SO designated the statute, evil
Fuy thinking Mr.. Straup had refer
70 his opening address.
no replied Mr.. Straup, you did
out your principal did. and II is
(.rey proper for me TO refer to It,"
admit that the statute is there"
F,llnued Mr. Van Colt.
ies'' said Mr., Straup, ut Is there
I i ought to be there
believe the statute is a proper one:
Ee,eYe In H. added Mr.. Van Colt,
1 here the incident closed.
|ahtlnuing Mr. Straup said that II a
~ IN the night stole into q maps
~ 70 drive on a broken down horse
sheep' II would not be a crime to
me Intruder What was II, then. II
3Ah should shoot down the despoiler
lH home. the defiler OF his w,.e9
~ essential element to the crime OF
i1eI was absent from this case. And
Z man as this defendant, q quiet,
snt peaee-loving. industrious. So
s'uisn, was not, in the twinkling
~ eye transformed into a depraved
lnsi' This mans character alone
shield. He had been honored by
psVpple Of his State. elected to the
wv highest office In II, and those
, nv nave come here to tell OF his I'M
'Faehable character
MILLS MENTAL CONDITION.
SSiinlng to the defendants mental
P' ~. JUST prior to and at the time
as tragedy, Mr.. straup said the
A, ".ouy stood here mountain high.
~, ns was In a greatly enfeebled
~ and mental condition. He was
himself No man could 20 through
brot sess as Capt. Mills did and not
V ms. then took up Mills life from
h., s,'i l ne left the hospital here. re-
|, " ,..,leliy 10 his disappointment in
se'uhg position with the short
usa returning from Cheyenne he
v,, Nat memorable note. written by
~ ~ ana thrown away. What was
4 S"scl Of ~ Why human Language
ma, '9l define the shock upon sueh
n I a. as Capt. Mills. II suggests IN
4. ~ 's one thing, What could in
ross "te 70 write such a message?
X 49, 70 MS friend. Rev. ID. D. Wal
h. !, "u they spend sleepless nigh,
tpls,.. ne goes to Pocatello has hIs
n :" W confirmed BY his wife I'm,
|sy - I'M, Information as to the betrayer
Inc ss ~ 70 salt Lake and prepare
-ns ~ e.paratlon. In some homes 10
hs,. I've" ., that would mean u,,ie
nd s,S ne attachment between hus.
D been vie mise was slight. where there
b n,y,,hing In their married lie
IAN ~ '. . ana discord, il might
IulA 4, reality, a rest. Rut uha,
FreSsrai,ns mean 70 disrupt such a horne
vorl5 i q :. Mills had. No wonder
n. Life nv ,ost It's attractiveness TO
D, ana a 70 longer had charm FOR
hen bs Instruction came 10 him
AT Wa. came back, he found
vas one OF ths 'n nun,