The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-09-25
JURY FINDS CZ0LG0SZ GUILTY
OF MURDER IN THE FIRST DEGREE
(Continued from page b


Think. gentlemen, Of that grand
man who stood only a few days ago n
the Temple of Music, 81 how he came
. from the IowIy Wake II lie, how he
4 was as q school teaCher. then a lawyer
then a judge. g governor, a congress
man and then president OF the United
States. and above al. loving nus
hand and that on to the last day when
he said: It's God way; gocd Dye an.
good bye. "a man so great tnat ne coGld
raise his hand ard save MS own as
sassin a man who could shake the
hand uf even the very worst man you
s could imagine.
ct is a great lesson that 50 great a
1 man can stoOp so low. that he was SO
great that he could forgive his own
! sssassin. He was the noblest man, 1
4 believe. God ever created A man VINO
stood near him in the Temple or Music
said to me. 4 have Travelled IN al parts
! OF the world and have seen people as
sembled TO greet their rulers, but when
] saw the people stand in the railroad
stations and along the country through
which the funeral train passed that
they might get a look at the caslxet Of
this great man. I was convinced as
never before that there is such thing
as q national heart.
THAT national heart was broken.
ard # WI take Gods way and time to
heal Il.
1T was broken by a class of people
who are coming to our country in in
creasing numbers. and while harbored
BY our laws are propagating their ma
I licious Views: a class OF people that
must be taught that we have no place
for them OF our shores, class OF peo-
ple that must b. taught that they can
net take the life OF any one irrespective
Of consequence
Think again. gentlemen. here is a
Snnn wis, does not want lawyer, VINO
does not believe in God, nor in law,
man who does rot believe in the mar
r.a#H
that he is defended by two OF the ablest
jurists Of our city. IS ii he were the
most respected defendant. and even
comes into court and says he is guilty.
Yet. gentlemen, you are required, un-
der the constitution, TO listen to the
Formal presentation of the evidence,
Notwithstanding that this man does
I1t want it.
say. 7 have said more, perhaps, than 1
ought to say. You have sworn to give
him a far trial on the evidence Now.
what is the evidence2 l say as II has
been presented to you it fully substan-
tiates the crime charged.
THE duty of counsel on both side
IS ended Tho court win charge you
briefly. then IT will be your duty TO
FAKE up the case. No doubt the same
thought. the same object. is in all our
minds-that although our beloved
country has lost her greatest man. il
still should maintain the respect OF the
whole world and it should be made
known to the world that TO man can
cone nd commit such a dastardly act
aid not receive the full penalty Of the
ltw."
Judge Charges Jury.
Justice White began his charge to
che jury at 1929. He arose and stepped
TO the side of the bench nearest the
Jury box. de said:
'.Gentlemen Of the Jury: In this case
the defendant has acknowledged his
guilt Such an acknowledgment in
such circumstances cannot go to the
jrry or TO the court. The law requires
that the defendant charged with such
e. crime must be tried. The law says
that all the facts must be observed and
reviewed by you. The law guarantees
that the defendant shall have fair
trial by twelve men imDe rtial and Fair.
capable of taking the testimony OF the
trial and giving It thorough consluera-
ton. II. when all the circumstances Of
the case are considered by you there
Etilf-eVists in your minds a reasonable
douhr that the defendant is not guilty,
you cannot find this man guilty. The
people have submitted evidence tending
60 snow that this man committed this
crime. they have given evidence tend
ing to show that il was premedftated.
If you are satisfied that there was de-
sign and reconciliation. and il in az
cordance with that generalization and
design those shots were fired, then the
defendant is guilty of the crime of
murder in the first degree.
you must consider all this evidence
that the people have submitted TO ycu.
You must consider f. fairly and with
out prejudice. You are the sole judges
pf f8Gtz in this case
MAt he Beyond Doubt.
ContiuuinN Judge White said:
The jurorA must find him guilty
beyond a reasknable doubt. You may
ask what is a rAasonable doubt. While
a great deal hasN been written and said
or the dchnition\of reasonable doubt.
in this case it nAeans that the jurors
arr bound to stiff compare and exam
5ne al the evidBnce and 81 in their
minds there IS AMY doubt as to the de-
PENDANTS guilt, they are bound p &C
IN your minds, fhen you are bound 70
bring in a verd e. OF conviction. I am
very glad that up TO the present stage
OF this lamentable affair. so far as Tire
jury and the PEOPLE Of this city ere
concerned. there Mas been shown (, at
respect for the law that < bound to
teach a valuable lesson The defendant
has been given evefy advantage of ex-
perieuCed counsel. II deplore any in
citement to violence and the man who
SIS ready TO go out and commit a crime
because some other man had committed
one is as guilty as the latter and his
act is as reprehensible-
1T is proper that 1 should define the
crime IN the first and second degrees
and manslaughter in the first and sec
ond degrees. If the defendant on Sept.
did wrongfuHy assault, shoot o.
wound William Mckinley by means al
legged In the indictment and II the act
was committed with premeditated 1e-
sign sno u the act was the sole and
approximate cause Of death. and II the
defendant knew he vas doing wrong
e the time. the defendant is guilty Of
murder ia the first degree.
IF the act was not premeditated. he
is guilty OF murder in the second de-
gree. III the shot was fired accidentally
and without reconciliation he is guilty
& OF mansiaughter in the first degree. It
as NOT necessary for me to discuss the
questiou-of n1ansiaUghtsr in the second
degseefn this case"
Presumed tc be Sane.
Justice white then ordered the jury
= retire and bring in a verdict. Just
before they did So however. District
attorney Penny requested the judge to
eharze the jury that the law presumes
eNefy Individual sane unlSss pro@en
Q-nerwise an. the court said " them.
The court prelumes the aSfghd9nt
IN tnis case s4pe"
lawyer Titus also asked the cdhrt TO