Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-09-25
Case
Nea1ly Ended.
IN The Hearing for SMusder Now cM h--Er-
,,,ed That The Case VIII Be Submitted 10 The Jury
q. Aoou Tomossow District c4tforney Eichnor
ahkes OPENING c4rgumenl

,..tlmony in the Kaighn case wa -
P,ma close this morning at WV
S n.y., The defense offered no SUI. sur
'' -, testimony at all and the OPEN
S y srument for the state was COM
rssi 80. concluded his ar
y Al ti.2o and was followed by
p,ovn for the defense Any
= uoftman will argue after sena'
...",, mis- afternoon, but 1t is not
VIM u MAT Judge King will argue
,0 account Of a severe cold which
s.~ WV. Me voice that he can hardly
a ,boye a whisper.
present indications the case VIII
,,ss mry by tomorrow noon
pr,o E. Jones was the only wit
.,,mjned after the News report
ye,,erday afternoon. He testl-
~, Judging from the actions o.
Ia an Inc day Of the shooting,
t. .aa,ss hy DIST Atty. Eichnor, ne
> y sonslder the boy Of sound nina
w. W., lime although he said other
\ . wn than those related might
y ...' him to change his opinion on tha'
mi nos ,be erst witness
In rsbultal this morning by the
~ as testified that he had known
T1srl !. Haynes In his lifetime Tor
.,,r Gpon the objection of the
49, me witness was not allowed 10
WI. w" a, 10 decedents reputation as
e's,,,g integrity and morality
4, AK o'clock the state rested It's
~ and As the defense had no sur
Alta to offer the arguments were
,rnsncsd.
rrpyoRs OPENING ARGUMENT,
M ATTY. Elchnor commenced the
,.,ss argument on behalf of the
nssi lO.i;. He said in part;
r.sl,men Of the Jury, the Informal
A. charges defendant, Merrill NJ
sr,bn ,SIth shooting Willard ).
srss at The Knutsford hotel on NOV.
I lsi and that the said Haynes died
4 lee ID. lsQl. On that point there Is
y dlspute that Is admitted. The tes-
snory shows that defendant tele-
ssoued 10 Mr. Haynes from the Fang
,aloon and eonyersed with him over the
.,Isphons. The next we have him at
ne Salt Lake Hardware company
Where he looked at several guns and
finally finding one that suited him he
purchased Il and had II loaded and put
lin his right hip pocket, and walked
NJ Of he store, He next Went to the
htsI and inquired OF Clerk Burton
b. w. Haynes. He then walked over
b M Haynes who was sitting In a
iOchlg chair He got up and they
yaksi over to a settee and sat down.
fhs next thing that occurred Miss
isnphiIl heard shot and looking In
eai direction saw Mr.. Haynes get up
N saw defendant sitting there with
IGN IN his hand. When officer Hem
= cane In defendant said, Hello,
arPl I'm your man. He was ar
S.d and on the way TO the police
iii5n Officer Hempel asked II he had
IN shooting someone and he replied
y He asked defendant what he did
! ~ and he replied that that, was his
lzit's Hempel asked him where his
y vas and he said he gave II to a
~ At the Knutsford Later when
NJ I the gun which the officer got
IN hotel was his he said he guessed
rs The officer asked him where
tE L ard told him that that was
Ran to dnd out.
WHAT KAIGHN SAID.
AZ ne station he talked to officer
- !onnson and told him that Haynes
slat ne deserved. He told Chief
90 90 inst he was not sorry for what
shl done and that he hoped Haynes
~uAd thal the --- - got what
ts%ryed, and that 1t was grudge
stkl owed Haynes for two years.
oslng asked by Mr.. Penrose, a
~ reporter, why he plugged
aEns he answered You look news
~ 10 me, ] won't talk to you.
lNL gentlemen Of the Jury, Is the
w case IN brief, and right here |
w % say that you viii be called
" 70 Judge whether or not those
rsa " -"
i. M the defense has put in these
W. peas first, insanity: second.
,.-vaeIse and third, avenging an
70 assault on his step-mother's
sa a want TO call your attention
VIZ inconsistency Of the first two
- insanity aud self-defense. II n
~ Is insane how could he reason
hs NE was in danger and that he
y, scung In self-defense2 The two
s 49, a'e directly In conflict aud seem
"ns to be ridiculous.
STAND OF THE DEFENSE.
~. lts stand the defense on this point
-. aas me OF a story that Is told on
i.Ialn lawyer who was defending a
r s'.Ns case. In making his opening
Saenl the lawyer said. Gentlemen
~ Jury, we have carefully consld.
u.nAl defense TO make In this case,
ave considered the plea OF self.
t.. allbl iurlshcatlon and other
,,,,, AZ hrst We thought we would
49, on me plea Of self-defense. but
'. sIeiul thought and elaboration
t,,, welded 10 stand on an abb and
,,si.s y you gentlemen that the de.
"a ~ was not there al all II seems
d.,.s gentlemen that the plea of the
IN, ' ~ 70 mis- case is just as inconsIst.
'a ridiculous as that one.
AS TO INSANITY.
A.. NOV on the question OF insanity ,bo
MI. "Naess they introduced was Mr.
sIr.l VINO said defendant was insane
So because he walked along tbo
wosa., mulering to himself ana
non eak 10 witness. The testl-
She, :. ,tefrY' Baghy, White and
nbar, !. ME roint was based upon
A' same actions. wv"
c. ny, lar witness on insanity wa,
F w NE father Of the boy. who
ON rls NJ AN ou a
n'h prior 10 the ehno,
ifat hIs gon took soinc
ylu.n a.ghi ma vet he tells
"hei that boy for three
fir not ielenhone for y
iatos. y gentlemen. n Il had
rss q ielophoninr FOR a n has
pa IA, kalghn also terrified tha,
,esg, attending the state mi mi
20 oS NY 10 had been sending him
mletes f two months before The
"nTs mia ,s That he was Of an
tie aid he did not call