Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-06-01
GARLAND CASE
REACHES THE JURY
Arguments in the Murder Trial
Occupy the Entire Day.
POWERS VERY STRONG PLEA
District Attorney Gives n Searching
Review Of the Testimony Intro
duced by witnesses at Trial.

The arguments for the defense IN the
Garland murder trial were opened by
Attorney Suaup this morning. lie i'm
pressed upon the jury that they must
find that the shooting by Garland had
been done not only wilfully, unlawfully
and felonlously but Of malice afore-
thought beyond a reasonable doubt be-
fore they could find him guilty Of muir
der In the second degree,
"Where is the evidence Of malice
aforethought?' asked Mr. Straup.
Take the evidence Of an the witnesses
and you viii find none, A declaration
made after the act will not Justify you
in guessing at the state Of the defend
ants mind before the shooting, Hop
kins is something Of an athlete and a
trained boxer Inc prosecuting attor-
ncy scoifed az the iaea OF man like
Garland, 80 much larger Than Hopkins,
not throwing the Glsturber out Of the
saloon when he became a disturbing
element but | recall how Jack Demp-
sey, the light weight pugillst treated
O much heavier man who thought that
he could throw the little prizetghter
around"
Judge Powers took up the argument
at twenty minutes past II o'clock,
Facing the jury he commenced by say
ing. Gentlemen Of the jury you are
here 10 determine whether or not this
man (pointng to Garland) shall go To
the penltentlary for ten years or per--
chance FOR life To unldWfully take
life there must be shown TO be express
or implied malice. II man is sudden
" struck IN the face, passion Will take
the place Of malice, and this Is whore
manslaughter steps In. The prosecution
has absolutely failed to show any ey-
press malice. There could be no implied
malice unless the active agent in the
killing can DE shown 10 have an aban-
doned and malignant heart These men
came into the saloon rOtousy, They
abused this defendant, insulted him and
insulted his mother Had the district
attorney believed that there was i'm
Piled malice he would not have changed
the charge from murder IN the FIRST TO
murder in the second degree" Judge
Powers then gave careful and explicit
definitions Of the different kinds OF
manslaughter and homicide.
"The mcanest man charged with a
crime must be put on trial with the
presumption of innocence. To find him
guilty this presumed innocence must
be overborn by such weight Of evil
dence as shall serve 10 satisfy every
man on the Jury beyond reasonable
doubt that the man Is not innocent,
This defendant must not be convicted
on any mere theory whim, caprice or
suggestion. The great law Of self de-
Tense is born In a man. and the Al
mighty has placed II in the breasts Of
the meanest creatures Self preserva-
ton has truly been said 30 DE the first
laws Of nature
when the gun was fired the man
was In great fear FOR his life. Gentle
men Of the jury think what you would
DO under q similar excitement. when
you were being abused and insulted
without cause and even the name Of
your mother was dragged IN and COW
cred with calumny You may preserve
your life and limb from threatening
acts. You may kill when II appears to
you that you are I'm danger OF great
bodily harm.
Counsel then made a strong argument
20 show that there was malice shown
upon the part % Hopkins when he made
the assault ON Garland who was
quietly attending 20 his business behind
the bar.
III he had killed Garland hn would
have been guilty ~ murder In the first
degree. Therefore IL is evident under
the circumstances that Garland could
not have been guilty Of such a crime"
Counsel then read al length from the
testimony OF Olson and other witnesses
for the state Who he endeavored O.
show. were too busy with their card
game 10 pay much attention TO any
thing else going on In the saloon.