Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-09-25

WAS insane.
Now, gentlemen Judge for yourself
what weight you are going to give to
the testimony Of Col. Kaighn. II you
believe such Testimony as that don't
hesitate, but acnult the boy.
"Dr. Bascom says the boy was
moral peryert, In other words they
plead here as defense that MS use
of cigarettes, liquor and drugs has
made him a moral degenerate. Now
as to absinthe, the defendants expert
witnesses did not know anythlns
about II at all, they could not even
analyze II. DR.. Mayo was the only one
who could analy2e II or who could tell
what amount would affect persons
mind. II Is their duty TO show now
much he drank How could DR.. Niles
or DR.. Bascom testify that absinthe af-
fected his mind If they didn't know
how much he took. Mr.. Wilson, bar
tender, said defendant was not drunk
when he came In and asked for abb
slnthe at the Floradora saloon Roy
KaIghn says that he took two table,
spoonsful.
THE BOYS CONDITION.
Nov as TO the boys condition. he
says he was In the Black Hills saloon.
Then he was In the Fang saloon. Here
he must have had spell OF sanity for
he says he teephoned to Mr.. Haynes,
and the inference is that he made an
engagement to meet him at the hotel.
He then goes to the hardware store and
purchases a gun; he reasons out that
the gun suits him, that II 1t not too
high priced nor too large, but that II
Is good enough to kill Willard $.
Haynes with There he must have used
his reasoning faculties, then could he
have been insane? He then goes to the
hotel, calls for Mr.. Haynes and de-
mands an apology, which is refused.
and he then shoots Mr., Haynes.
HAYNES REMARKS.
Now IN regard to the remarks OF
Mr.. Haynes, that the boy was justi-
fled and that he got what he deserved
| don't care whether he made those
remarks or not. Willard s. Haynes Ia
not passing judgment In this case
that's for you TO DO, gentlemen Of the
jury,
THE woMAN'S STORY.
Let us pass to the key note Of this
defense. the woman's story. She says
sue Udu knuNU MI i1dyilte lot lNb
years and he had never offered her any
indignlties; he took her to places ~
amusement but never even Indicated in
any way that he intended to assault
her virtue. She says that he asked her
to be his wife. She did not give him an
answer. but evidently wanted to find
out about his character. She gave nm
no answer until that evening, the even
l,,., - hA a. 10
statements on that evening she led him
to believe that she would be his wife.
When they came home from the con-
cert, they walked into the back parlor
and then she says Mr.. Haynes at
tempted 10 assault her. She did not
scream or call for Col. Kalghn or for
Roy but she says she bit his arm and
he got up and sat on the lounge and
after she reprimanded him he left the
house
THE WORST OF ALL,
"Of all the stories that man ever
manufactured that is tse worst | ever
heardl The idea of man attempting
TO assault woman who was his sweet
heart and who had promised
10 be his wife. after having gone with
her for two years and acting as a per-
feet gentleman. Gentlemen, II you be-
lieve that story, don't stay out Ave
minutes, but return verdict OF not
guilty. Think back yourselves, gentle
men, Just think Of a man attempting
to assault his sweetheart. II Is out
rageous
"She says she told him never to come
back again, yet she told Eugene
Troughber that she and Mr.. Haynes
parted friends that night and that he
would be surprised 90 learn how kttle
the trouble amounted to, That Is not
all: the next evening SHE went TO the
hospital to see Mr. Haynes and held
his hand-the hand with which he at
tempted 10 assault her. Gentlemen, II
you believe story of that kind for
heavens sake, don't stay out fVe MIN
utes. but bring In verdict OF not
Guilty OF all stories OF attempted as
sault that Is the worst ! ever heard! IL
Willard s. Haynes had lived and was
on trial for that alleged assault ana
such a story as that was told you
you would not believe II for one minute,
DEMANDED AN APOLOGY.
Defendant says he demanded an
apology from Haynes for his action
He reasoned out In his mind that
Haynes should apologize. II a mans
mind Is taken up with an attempted
assault upon a member OF his family
he don't stop 10 ask for an apology, he
would shoot the assailant Immediately
without asking any quesiIbns. Take the
Mills case there az soon as Capt Mills
icarned OF the intimacy between MS
wife and O'Melveny he went 10 the
latter's Office and just as soon as the
door was opened he shot him, he ala
not wait 10 ask any questions
Gentlemen, temporary insanity opens
She door 10 murder and the open d0of
10 murder leads 10 lynch law
III you believe by the testimony That
the hoy was insane. discharge him II
on the other hand you believe he was
rational you must do your duty Cen
tlomen. ! thank you
Hr. Eichnor's argument was con-
Cluded az 20, and Senator Brown tnen
commenced the opening argument Tor
the defense
SENATOR BROWNS ARGUMENT
Senator Brown said In part Gentle
men OF the Jury you are called upon TO-
lay 10 decide one Of the greatest ques-
lions OF life. In considering this case
ask YOU to weigh all the testimony,
both for the state and defense. weigh II
an together Here Is a case where
goung boy. a child. has shot ana
killed a man. Willard ;. Haynes.
ask you now that you
make inquiry as 20 who was TO plaine
for this matter, not In a spirit OF VEN
geance. and weigh It all and then an
swer that question. We have ried 10
show everything In connection WIN
this case. This hoy Is charged WIN
murder In the first degree. charged
with killing this man with Intent pre-
meditation. elaboration and with mai
Ice. The state must show criminal In
tent on the part Of defendant.
First, we have attempted TO show