The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-10-04

there. There were. however, some refer
! etices on that score that seemed 20 con-
\ uadlet or conflict with chat opinion He
3 also referred 40 ono very pertinent point
and that was If it were possible for me
4 70 waive nay rights. that AZ least IL was
: not your honor right 10 waive one OF
my rights ami that is that you could not
4 possibly have refused 20 go. that e was
/ there and that It was an Injustice 70
/ me that you did not go. I'm addition 10
! that the citations OF the conduct Of the
/ jury I desire TO call your attention 20
your own words. how particularly
{ attorney has already covered these points
much more FULLY than could attempt
/ TO- am not versed in the law, and
! therefore I viii not attempt from that
/ standpoiut-but your honOr's iustruc-
! tons to the iurv. that they should not
/ talk among themsC Ives. they should not
! talk TO any outside person. and in no
! manner become familiar with anything or
/ any knoWled ol ANYTHING else that was
+ on The outside OF their own observation
Claims Jurors Violated Rule.
/ Now. 10 IS notorious fact that the-
: did talk outside OF their own circle and
J am0ng themselves. ii Is a notorious fact
] We have been able TO get affidavits To
! support this contention. Your honor COW
] cred the point moment ago iu what
/ may seen just. and that il that his re-
! marks mainly were those that he had
/ given at his trial. n your honor please.
/ say today. from my Information and
/ Belief. that Mr. Young gave other. made
! other statements besides what he ac-
/ tually testified 10. You viii remember
1 on cross question that Mr.. NounE-that
/ is. the staJe-obiected In many cases 20
] the questions my counsel put to him on
| cross question: he would not let him tell
I anything about those tracks at all. ne
I allowed him To- state i'm general way
! they led to certain places. and there had
! been certain marks but they allowed
him to saw nothing with reference 20 the
/ size of the tracks. or anything of that
! kind. They allowed him TO say nothi-g,
/ and I heard 1oth'nS i'm fact with refer
/ clothes
Mr.. Fichnor got over II something like
/ this: II done care whether ne was "a ken
/ over or through that fence It is obvi-
! Gus 10 any one who, viii look at that IN
! that Mr. Hays clothes were not torn in
/ any sense Of the word. and. consequently
/ could not have been banded other than
| with some power. 1t would have been i'm
| possible for one man to have done II. We
\ tried to get Mr. Young 70 bring out some
/ nj those facts. but it was objected to by
! the state. and these are the things that /
nave reference to. Now. Mr. Young spoke
] to the jury about some of these things.
/ lie minutely described the tracks. ana
/ every conversation. every word Of con-
] versaton that is ALLEGED to have taken
/ place betwixt he and T. Now then. your
! instructions were that the jury should
not even talk among themselves. Now
! they did talk among themselves and they
! or communications. as has been referred
/ to here, besides even what Mr.. Young
! gave them. They received information
! from outside sources entirely. from peo-
/ pie who never sat on that witness stand
! at all
Pleads For Another Chance.
Now. your honor, please. my life is at
/ stake. It is not as If there was a few
1 dollars at stake, il is not as If little
/ property was at stake. but my life is az
| stake, ore Of your fellows. and 7 ask YOU
/ as Christian man 10 give it consider
2uon aside from your judicial position ]
| ask YOU to think seriously over that and
! see if you believe I have been really con-
! Victe0. Where Is there any one thing
/ 70. my gulltE Where IS there the first
! thinC2 Not one. Your records are abso-
/ luteiy silent on that point they don't
! even point To one strong thing. they don't
! point TO one unasSailahle point: not one
! Now J ask YOU again. I ask you in oil
| canGor. TO give me another chance. TO
/ give me anyother chance to prove my in
! uocenCe. and I tell you 7 viii do IT, { tt is
held had the chance. and made certain
/ promises To this man and the other. If
your hOnor VIII TecOlleCt in two or three
! places the statements were made I think
so and 80, 7 understand so and so They
/ were not even satisfied with what people
/ things I can prove
/ Now there was some jars mentioned.
/ where is there an individual. say that
! mat he was absolutely lying where is
/ there an individual that ever had 8 900 in
! gold that could not make a better case.
say that he was lying eutirely2 Now 7
/ desire 20 point TO another thing in con-
| nectiOn with that, Here Is John b Cum
ming There is a man in the presence Of
laI dozen officers, other officers. came
| TO me and pressed that point as he showed
! Dy MS evidence. pressed that r1Oiut right
20 hnish. W ny. there wasn't scarcely
! y minute OF that FIRST five or six days that
j had to myself, not scarcely a moment
TO sleep; somebody was pOking II into me
as hard as they could aI the time No
no one about these things" And vet
! listen 70 all che confessions am supposed
70 have made. Did ] utter one word? Not
one. not one. But had / not happened to
luSJ eaten on Just i'm time. there would
nave been a pretty goOd-sized confession
MuoduceQ right at this time. pretty good
sized, and 7 could not have got over il:
nut 4 happened to catch and 1 stopped
And that was not the only thing:
stopped a good many things
Asks Mercy For Wife.
Now. in conclusion, your honor. I desire
TO say this. not alone 10 the members OF
this court, but to all the people of this
slate,, ! con desire YOU to lose sight of
that dear little woman. Mrs HAY I don't
desire that any one shall detract from
{ 9er az an. and her dear little children I
don't desire that that old gray-headed
mother OF Julia HAY should be lost sight
OF. Give them all the sympathy YOU
Sau, ana doQt desire you should with
raw EoIr sympathy from the other
Irends and relatives. but while YOU don't
Nlthoraw II from them. I ask you to not
forget my vile, my five little children
my old gray-headed father. my brothers
say. there is few of those. however. While
say this I ask You TO not lose sight OF
them, because the blow falls harder on
them than me.
l can only die once. and I say am not
scared TO die. have done nothing moth
ing / nave harmed no man and I am
/ not scared TO meet my God: but I do say
you should think OF those Eve little ones
who bear my name. think of them az t,e[-
20 Lhelr Way and as they are compelled
70 mlngle with the other people. think ~
them, the paternity Of a murderer aslr
your nOnor. give me another chance Give
/ me chance to clear myself if I can and
~ ! cannot-! say today, IL I had had a
a ialr trial, ! should never have ODered
my mouth but ] saw 10 vOIIr honor 7
mayo not mao a fair trial I coujd have
LlIoguceo evidence, IL your honor had
permitted H. 10 prove there were deroga-
loIN remarks, even though the 1lIrvmen
may have been as honest as the dS1- Is
long. Ihey did make remarks. they ala
say things that should have hee,, ftCa,-
eognlz2nce of. They did say things that
preJudiced my case. They did so fI,i,, 49,
That would have prohibited them so II,i1' : ?
mem, from sitting as jurors. hut 7 have
been unable 70 get it, They have COW -
my attorneys. they have come 70 ~ -
gDIothers, they have. come to some Of nv
aileh Ii; ana told them about il. but thev
not make affidavit 10y VIII
Says Young Is Preiudiced.
Now. your honor has listened TO Mr..
- u - Dung remarks and 1 desire 10
iault. nor have / made these ren1srlCs ,-''
nave not tried and L don't desire To cast
! hcIlecuOns uDOu him in the least II 30
come 10 me that he believes me e1,ilfV-
| NOW desire to say further thar Bfr
aounE' believe. is one OF my staunchest
fer