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
dueed by witnesses at Trial.

The arguments for the defense In the
Garland murder trial were opened by
Attorney Suaup this morning He Inn
pressed upon the jury that they must
find that the shooting by Garland had
been done not only wifully unlawfuly
and felonlous!y, but Of malice afore-
thought beyond reasonable doubt be-
fore they could find him guilty Of muir
der In the second degree.
where is the evidence Of malice
aforethought2' asked Mr. Straup.
Take the evidence Of all the witnesses
and you WIN find none A declaration
made after the act VIII not Justify you
in guessing at the state Of the defend
ants mind before the shooting, Hop
hns is something Of an athlete and a
trained boxer, Inc prosecuting attor-
ney scoffod at the idea OF II man like
Garland, SO much larger than Hopkins.
not throwing the di3tWber out Of the
saloon when he became a disturbing
element. but ! recall how Jack Demp-
a much heavier man who thought that
he could throw the little prIzeflshter
around
Judge Powers took up the argument
at twenty minutes past II o'clock.
Facing the jury he commenced by say
inc. Gentlemen Of the jury you are
here TO determine whether or not this
man (pOinting 10 Garland shall go TO
.. b Ca MO- F.tts far ar
chance for life. To unlaWfully take a
life there must be shown 10 be express
or implied malice II a man Is sudden
~ struck In the face passion will take
the place NJ malice. and this Ia where
granddaughter steps In. The prosecution
has absolutely failed TO show any eX-
press malice. There could be no implied
malice unless the active agent In the
killing can be shown TO have an aban-
doned and malignant heart These men
came into the saloon riotously. They
abused this defendant, insuted 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 10
murder in the second degree Judge
Powers then gave careful and explicit
manslaughter and homicide,
"Thp meanest man charged with a
crime must be put on trial with the
presumption OF innocence. To ind him
guilty this presumed innocence must
be overborn by such a weight Of evil
dence as shall serve 20 satisfy every
man on the jury beyond a reasonable
doubt that the man is not innocent.
This defendant must not be convicted
on any mere theory, within, caprice or
suggestion. The great law Of self de-
tense is born In a man. and the Al
mighty has placed Il IN the breasts Of
the meanest creatures Self preserya-
ton has truly been said 10 be the first
laws OF nature.
when the gun was fired the man
was In great fear for his life. Gentle
men 81 the jury. think what you would
do under similar excitement, when
you were being abused and insulted
without cause. and even the name Of
your mother was dragged "a and COW
cred with ealumny You may preserve
your life and limb from threatening
acts. You may Kill when II appears 20
you that you are in danger Of great
bodily harm.
Counsel then made a strong argument
20 show that there was malice shown
upon the part Of Hopkins when he made
the assault on Garland who was
quietly attending 10 his business behind
the bar
III he had killed Garland he would
have been guilty of murder IN the first
degree Therefore Il Ia evident under
the circumstances that Garland could
not have been guilty of such a crime"
Counsel then read at length from the
testimony Of Olson and other witnesses
for the stale who. he endeavored O.
show. were too busy with their card
game 10 pay much attention 70 any
thing else going on In the saloon.