Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-09-26

Of Mr.. Haynes who took his effects
from his person? Is II justice when
the honorable district attorney chops
out two on three hours In the life OF
this boy and then asks his expert wit
nesses to say whether or not he was
sane when he committed the act?
CRITIcIsEs POLICE.
"The police department deserves
little criticism from me for attempting
ly any means whatever to eXtort
statement OF some sort from this bow
Il IS not right II Is like the barbarous
practice OF ancient times when per
con was placed In torture to wiring a
confession from him. There are DIFF
ferent kinds of torture, and | say that
tals boy wasftortured by the continual
naggIng which he received at the hands
OF the police department.
There IL no dispute in this
case as to the shooting, the
question is what was the cause
of the shooting? Let us take the proof
IN this case We contend that the boy
was irresponsible. 1t is a physlolog
cal and psychological fact that these
reasoning powers of ours often become
so affected that we are irresponsible
for our acts. You can't say that the
boy, because he acquired habits in his
youth which ruined his mind, was re-
sponsible for his acts and should be
taken out and shot or hanged for this
offense The question Is not, did the
boy do right in using those deadly
drugs? But did the use Of the drugs
affect his mind?
III the boy had, In his youth, re-
ceiyed blow upon the head which ar
fected his mind and made him act
queerly and have vivid Authorizations
and then later commit such an act as
the one charged in this case, you, gen
tlemen. would not go through the form
atty of ballot, you would acquit him
at once.
I'VE have shown by witnesses who
have known and been associated with
the boy all his life that his excessive
use OF cigarettes, liquor and drugs has
ruined his mind The evidence Of his
school teacher his boyhood friends and
the women with whom he has lived
since the death Of his mother, and who
thought nearly as much of him as they
did OF their own son, IL that his mind
has become so affected by his habits
that he is irresponsible for his acts.
AN UNFAIR STATEMENT.
81 want at this time to refer TO the
statement OF the district attorney that
Col. Kalghn was the Mephlstopheles OF
this case--the devil incarnate. That
statement was unfair, II was an injus-
tice even to the good heart Of the man
that made the remark, he did an In
Justice 10 himself when he said that,
If Col. Kalghn had manufactured evil
dence in this case he could have twist
ed the statement of Mr.. Haynes so
that there would have been no doubt
as TO its adinissibility as dying dec
laration and thus avoided the lengthy
arguments which We're INDUCED In ny
the attorneys on that point and made
douby safe the statement which meant
so much to his boy
At this point the court took recess
until this afternoon.
JUDGE KING RESUMES.
At the opening Of court this afte"-
noon Judge King resumed his argu'
ment. He said "The evidence STANDS
ere undisputed that the boys father
and counsel tried for month to get a
clear statement from him as to what
occurred. That II was fully a month
before he could give any such a state
Inent. In view Of all that evidence
which is undisputed, you cannot say,
gentlemen. that the boy was responsible
for his acts on that day. The counsel
has said that Mills was temporarily In
sane and was justlflable for Killing
O'Melyeny That Is a case where
grown man, a man Of Intelligence, who
had been lieutenant governor or ldaho'
7.ho. three days after learning OF MS
wlfe's inidelIty, became temporarily
insane and killed his wife's assailant
II that man, under those circumstance
was insane, then there are thousand
times as many reasons why TINS BOY
was insane when he committed inst
act.
after hearing all the evidence that
hoe heen introduced in this case can
YOU, gentlemen, on your oaths, say that
This boy was responsible for his actsY
Most certainly you can not!
ANOTHER ASPECT.
let us look at another aspect Of this
case. The district attorney would nave
you believe that there was no assault.
He would discredit the testimony OF
Miss Coates. Why, the testimony OF
Mr.. Traughber one Of their own Wit
nesses, goes TO show that there was
something wrong between NJ
Haynes and Miss Coatcsl He
-~a~t ~ thore tvrlce 10 irfar''ar
her 10 find out what the trouble was.
He asked her In subtance II M. Haynes
had assaulted her and she gave him no
answer, and that is what he printed In
the Tribune the next morning. That
was enough evidence that something
was wrong.
HAYNES STATEMENT.
"Then take the statement Of Mr..
Haynes himself after he was shot. To
three or four persons he said that the
boy was not to blame and that the
man who was sinking into his grave
would cover his own name with shame
10 excuipate his assalant 10 shield a
boy from punishment, This much must
be said to the credit Of the dead man.
that his manhood asserted itself and
he spoke out the truth, so that an inno-
cent boy should not be punished.
Judge King concluded his argument
at O'Clock and the court then took
recess Of 10 minutes after which Dis
triCt Attorney Eichnor took the floor
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