Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-05-07
The Jury so Decides at the Ter
minatiOn Of a Long
Trial.
ATTY. KENNER'S ABLE CHARGE.
The Verdict Was Followed by Ban
quot With TOasts, Speeches and
Merrymaking,

The trial Of Macbeth for the murder
OF King Duncan, by the third-year
class in English at the l.. d. $. uni
versity, terminated last evening and
was followed by a banquet to judge and
jury. The final pleas Of the opposing
counsel were given yesterday afternoon,
after which Judge s. a, Kenner charged
the jury IN part as follows;
"rhe defendant stands before you
charged with murder, the first and
worst Of crimes, In reaching conclu-
sions, you are admonished to exclude
preconceiyed ideas, personal knowl-
edge, that prejudice or bias which
naturally is engendered in the human
mind by reason OF a persons being
even accused OF such a crime, and to
let your judgment rest upon and be d.
rected by the evidence alone. You are
the sole judges OF the facts, also Of the
credibilty OF the witnesses. II is your
province TO consider their opportunities
for obtaining the information detailed,
10 regard their manner of testifying,
their apparent interest I'm the outcome
one way or another. In DONG this,
and giving 10 every detail its full meas
ure Of consideration, II your mind is
unable 10 reach a definite conclusion
one way or another because Of not be-
ing altogether satisfied, such mental
condition amounts TO a doubt and
should be construed In favor OF the
accused
The station IN life Of the deceased
should occupy no place In your con-
sderations rs to the guilt or innocence
Of the accused. All people stand on an
exact equality before the law until
by their own voluntary act, they de-
prive themselves of this benefit. The
priace and the pauDer the aristocrat
ana the plebeian, the millionaire and
the toiler, each have the same claim TO
protection by our legal machinery, and
the killing OF either Is a crime to be
dealt with In accordance with the cir
cumstances connected with II without
reference to personal positions or in
diyidual places. You will, therefore,
not consider the fact that the deceased
I'm this case was at the head OF the ma
ton, but simply consider that he was
member of the commonwealth which
extended its protection over him ana
which seeks at this time to yindicate
itself rather than TO aYenge him, pro-
vided guilt be shown.
Supernatural agencies do not figure In
the consideration of a case at law, more
particularly when life depends upon the
Issue. The law does not deal with mat
tiers beyond those determined hy the
ordinary senses. II has no reference To
things previous TO or following life, but
only things relating to life itself in It's
physical aspects and not with the oc-
Quilted things which belong I'm the do
main Of philosophy or religion. How
ever, If you find from the evidence
that the accused was a believer In SUI
pernatural agencies, that he believed
that the old women spoken Of In the
evidence foretold something relating to
his destiny and was actually something
that was going to occur, and that his
mind was worked upon by reason there
Of to the accomplishment Of the objects
which the women set out, IL Is a cir
oumstance OF which you may take no
tice provided other circumstances
more Immediately connected with the
crime seem to have been connected with
the general plan which he sought to
work out IN accordance with the pro-
phecles made,
The evidence in this case is wholly
circumstantial and Is therefore to be
u'dll WIN III dOCVIudHCe WIN we lOIe-
going suggestions In their broadcast
sense, It has, however, been developed
as a result Of the examination OF some
Of those called for jury duty that there
is a feeling against conviction on that
kind Of evidence alone, and this makes
it necessary Tor the court 10 instruct
you thereon, II II were not for evil
dence Of that kind the power Of the law
TO cone with criminals would be so
greatly curtailed that a condition OF
things amounting to anarchy would re-
suit The one who premeditates n crime
oftener than otherwise seeks secluslon
and such attendant conditions as make