The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-09-28
SAYS VERDICT
Is INFAMOUS
Decision of Kaighn Jury De-
nounced by Judge King.
WILL MOVE FOR NEW TRIAL
RoMNEY-STRoNG TRAGEDY HAD
AN INFLUENCE.

ttHHE verdict of the jury against
Roy Raighn was an infamous
one. not supported by the law
and evidence. and we propose 10 move
| for a new trial Immediately"
This is the manner in which Judge
King, for the defense. characterized the
verdict which held Roy kaighn guilty
of voluntary manslaughter for the
| shooting of Willard S. Haynes. The
| other attorneys are equally strong in
/ their denunciation of the verdict and
the defendant and his relatives say
| they cannot see how such a verdict
could have been rendered unless the
| jury was prejudiced.
! II is their belief that the witness
| ing OF the Romney-S Strong shooting on
| Second South street by the jury IN
| fiuenced them in finding the verdict
they did The relatives of the young
man say he shall never so TO the pen
| itentiary and they propose to fight the
case TO the bitter. end.
| According to the statements Of Judge
/ King. a motion for new trial viii be
| made within a few days. The motion
viii be based, he states. upon the
| gJpuhds that the verdict was not JUS
| tiff~i by the evidence and the law.
that errors were made in the intro
! duction of certain testimony by the
prosecution and the exclusion of other
evidence offered by the defense, and
upon exceptions taken by the defense
TO the rulings of the court upon GER
tain points.
Verdict Unlocked For.
at don't see how such a verdict could
have been brought in said Judge
King. ut certainly was not warranted
by the evidence. and under that charge
given to the jury by Judge Morse
hardly see how but one verdict could
have been rendered.
I'VE were defeated, though, because
the jury happened to witness that
shooting of Harry Strong on Second
South street. The Witnessing OF that
shooting undoubtedly influenced them
| and the influence went against us.
| Then the number of shoOtings we have
had lately, l believe, had some effect
upon the jury in influencing their vir-
! diet"
| The verdict was perhaps a greater
| blow to Col Kaighn than 70 any one
| else connected with the case. He firm
| ly believed that the Jury could do
nothing else but acquit his son after
hearing the testimony offered in the
case. and so firm was this belief that
| he made all arrangements to receive
his boy home. When the verdict came
as il did he was heartbroken, but he
too. believes the verdict was reached
! because of the influence of the Strong
| shooting. He proposes to make every
| effort to free his son yet and says
he believes that before an unpreju-
| diced Jury the boy would be acquitted
on the first ballot.
| Young Kaighn when seen in his cell
! yesterday looked pale and detected but
spoke eleerfully of his prospects for
another trial and final aequittal.
Roy Kaighn Talks.
II don't see how that jury could
have reached the verdict they did, %
said he, but they have done It. and
l suppose IL is no use 20 bewail it
now The only consolation Is the
thought that il might have been worse.
! do not believe the jury was fair in
the consideration of the evidence Of the
| case and l think that DSsore an IN
| prejudiced jury I would have been &C
I quilted"
The 1urymen are very reticent about
| their deliberations over the case and
there are several stories about how
the voting stood before a final agree
ment was reached. A statement made
by one, of the jurors. though. TO friends
4 OF the defense. was TO the effect that
| on the nrSI ballot tnefe were tlSnt
for acquittal and four for conviction
of murder in the first degree The
jury then divided into three factions,
five for voluntary manslaughter, four
| for murder in the second degree, and
three for acauittal. In this manner
| il stood for some time until the four
| for murder in the second degree
switched to the lesser offense Of man
| slaughter. Then one by one those who
were holding out for acquittal COM
promised upon the voluntary man
| slaughter verdict.
That the jury could agree upon this
| verdict is more surprising TO the de-
Tense in the light Of the language of
the judges charge TO the jury. He. in
his charge. informed them that If they
found a reasonable doubt as to the
boys sanity they should bring in a
verdict of acquittaL They hold that
the verdict rendered indicates that
there was a doubt as TO the mental
responsibility of the defendant and
therefore the verdict should have been
in accordance with the charge to the
jury.