The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-09-25

the president, Let no man hurt him,
he was taken. confin 1 in our prison,
indicted, put on trial here and the case
is soon to be submitted to you as 10
whether he is guilty OF tne cIlllle
charged against him. That, gentlemen
speaks volumes in favcr of the ORDERLY
conduct of the people Of the city Oh
Buffalo.
Here was a man occupying an ex-
allied position. man of irreproachaDle
charaeter. he was a man VINO had come
here to assist us in promoting the
prosperity of our great exposition ana
he was shot down while holding re-
ceptiOn.
His death has touched every hear
in this community ana In the whole
world. and vet we sit here quietly con-
sidering whether this man was reSpon-
sible for the act he committed. That
question is one you are called to de-
eide.
Defendant Refused Aid.
."The law presumes the defendant in
nocent until he is proven guilty ana
we start with the assumption that the
defendant was not mentally responsible
for the crime he committed. we nave
not been able to present any evidence
upon our part. The defendant mas even
refused on almost every occasion TO
talk to his counsel He has not aided
US. so we have come here unaided TO
consider this important question. But
1 know there is in every human being
a strong desire to live Death IS q
spectre that we all dislike to meet. and
here this defendant, without having
any animosity against our president
without any personal motive, so Tar
as we can see. committed the act which
he knew, if he was sane, must cause
his death.
Doubt as to Sanity.
How can a man with sane mind per-
form such an act2 The rabble in the
streets may say, no matter whether he
be sane or not. he deserves to be Killed
The law however, says that you must
consider the circumstances and see If
he was in his right mind or not when
he committed the deed If you find he
was not responsible you would aid IN
lifting a great cloud from the minds OF
the people of this country. If the be-
loved president had met with rail-
road accident and been killed our grief
could not compare with what 1t is now
If you find that he met his fate through
the act of an insane man, IL is the same
as if he met X by accident l watched
him in congress and during his long
public career, and he was one Of the
nObleSt men God ever made. His pol
icy we care nothing about, but il al
ways met with my prOfoundest respect.
His death was the saddest blow to me
that has occurred in many years"
Judge Lewis was crying when he
finished and the eyes of many of those
in the court room were filed with tears.
Judge Titus then arose and said that
Judge Lewis had so completely COW
cred the ground that it seemed entirely
unnecessary for him to reiterate it, and
he would therefore rest
States Case is Reviewed.
At $40 District Attorney Penny be-
gan summing up. He SPOKE in clear
well-mOdulated voice, and every word
could be heard in any part Of the room.
He said;
1T is hardly possible for any man to
stand and talk about this case without
the deepest emotion. = was the most
awful tragedy that ever came upon the
world.
I'VE have shown YOU how this de-
fendant stood in the Temple of Music
that afternoon and shot down our be-
loved president. We have shown YOU
how he deliberated and planned this
awful crime. We have shown you how
he attended anarchistic and socialistic
meetings at which We're sOwn in his
heart the seeds of his terrible act
The counsel for the defense says II
the defendant was sane he was re-
sponsible, and that If he was insane he
must be presumed to be innocent He
tells you that this is a presumption of
law
1T is also presumption Of law that
every man is sane until he is proven
insane Evidence tending to show that
forthcoming; it has been proven that
he was the agent of the crime, and
there should be no question in your
minds as 70 the responsibility Of the
defendant.
Seek to Avoid Display.
This is TO time for oratorical dis
play. Counsel for the prisoner and nv
self have endeavored to eliminate All
sensatiOnalism from this case If lis
not my intention TO indulge in extended
remarks. You understand the respor
sibility resting upon you. The counsel
has said there should be no lynch law
in this state. He has told Won that tbe
people of Buffalo are to be commended
for the spirit displayed by them since
the murder of the president but tb.a
law must be vindicated. This terrible
thing has happened because there sra
people in this country who do NOT re-
spect the law. and unless they feel the
irresistible force of prompt and PROPER
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