Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-01-20
The Morning session.

When court opened at $3.50 this morn
ing, Mr.. Putnam resumed HIS argu-
ment O'Melveney he claimed. was not
guilty OF adultery with Mrs. Mills.
There was nothing In the case 20 prove
IL, except the unsupported statement OF
the accessory, which would not be evil
dence in any court In the land. Counsel
had dwelt at great length upon the need
Of protecting the virtue Of woman, and
the law given In sacred writ, Thou
shalt not covet thy neighbours wife"
But there was another law II was
Thou shalt not kill" The Utah statute
does not Justify the killing Of one who
has defiled a wife. The killing rs absQ-
lutely wrong. But the law took into
account the effect of discovering his
wife and some man in their guilt. II
the man has time TO deliberate and
think, then the law does not justify
him. II he nurses this passion and
broods over Il, then he cannot claim
any justification. Mills knew what he
was doing. when he shot down that
man as he would a cur In the street
Talk about protection 10 the home!
What did this man think Of the home
he was destroying, OF the woman he
was making a widow OF and the five
little children he was making orphans
Of?
WAS MILLS INSANE?
The defense In this case first UNDER
takes 20 show you that what Mills did
was right and proper, and Just what
sane man would be expected 10 do.
That was their first contention. but In
the next breath the defense undertook
to show that Mills was insane, a men,
tai wreck. totally irresponsible. There
was not the least testimony In the case
10 show that he had ever done an In
sane act or uttered an insane word. II
was during the time just preceding this
murder that Mills drew up the agree
ment OF separation. That paper estab-
lished his sanity. Then when he went to
L. L. Williams 10 have his Will drawn
up, his mind was clear and he knew
exactly what he wanted done. On the
Sunday before the tragedy he was self
possessed and calm, and on Oct. 3,
eevrything, from start 10 finish, showed
that he had perfect control OF himself.
The thought Of taking his own life new
er once entered his mind that day. II
Il had, he had plenty Of chance 10 take
II. The claim Of insanity was absurd
perfect nonsense. II was the sanest
kind Of insanity counsel had ever heard
OF.
THE QUESTION OF CHARACTER.
In a doubtful case II would count for
but in a clear case. like this,
It would count for nothing 10 show pre-
vlous good character. Mills talked
all the way through the case, about
friendship for him. and
II was a shame TO come In here and at
tempt to blacken the character Of the
dead.
They ask you TO acqult man who
has killed another for something I'M
proven. They tell you that this Is the
protection Of the home and the protec-
ton of virtue, And Judge Powers told
you that the pistol shot that day was
20 some llcentious men. He
thought this sort OF a killing was a
good thing. Why, gentlemen, an ac-
quittal would not be any terror TO the
guilty. II would strike terror 10 the
heart Of innocent men, and would place
every mans life at the mercy OF
an abandoned wOman's tongue. Don't
let us have any false ideas or sentiment
tallty about this. Murder should be
punished and when the murderer is
the duty OF the jury should
appear absolutely plain. II the law
you 10 acqult the man. acquit
him, and II Il Is your duty 10 convict
him. then do your duty. This murder
was deliberate and premeditated.
Don't acquit on any such ridiculous
that the defendant was In
sane. Don't be gulled though. by ora
iorial pyrotechnics or appeals to your
mercy. II you acqult do II on legal
grounds. We ask nothing more.
study the facts, apply the law 10 them
md see what they show you. Daniel
Webster said every unpublished murder
n Is a menace TO the security OF human
lie, and 1t is even SO. II is an enaour-
lgement 10 crime. Remember that law
md order have supplanted barbarism
md anarchy man may no longer
AXE the law into his own hands. under
hese circumstances, and be justified.
Gentlemen. consider the evidence
'almly. dispasslonately and II you do
hat, you can do nothing else than find