The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-04-10

fir of a,-a,-,- reasonable doubt and on
your oaths that you were YOU
admitted to the jury box
A Reasonable Doubt.
what is a reasonable doubt: me
term seems to define itself IN us Nv -
words. \ reasonable DOUBT Is uouD ,
which any reasonable man may nave
Won are an reasonable men and Wheh
you doubt you can say that Is a reason
able doubt. the benefit of which the law
savs Won must give to the defendant
4 great English judge once saiu Iiat
IL Is better than ninety-nine guilty ones
shall escape rather than one HliiuCe' -
man should be punished II thefe IL
one chance in a hundred that TINS ue-
ferdant was of such unsound mind as
NOT TO know the nature of this act, then
Won must give him the benefit OF that
doubt
I'VE will suppose that the dearest be-
ins- on earth to you-maybe the beauti-
full daughter who Sraces your nome
like a sunbeam. or the lovely Wiie
walking down the valley of life at
your side-is i'm imminent danger 81
death. The physician tells you there IS
an equal chance as between life and
death.
Then We will suppose that an urn
* set down before you containing
ninpty-nine white balls and one black
ball You are told TO place your hand
within the urn and that IF you draw
the black ball your beloved viii surely
live. but if you draw one of the white
balls. she will die. Would you draw
No. gentlemen. YOU would say tne
chances as nature has them are equal;
~
such a perilous chance. Do not take the
chance of doing wrong in this instance
I ask YOU in the name of the law Whlch
| invOke:-I ask you in the name OF
humanity. in the name of religion, to
resolve whatever doubt you may have
i'm favor of this defendant
THE district attorney Will make
light of the experts because they nave
not defined the species Of insanity
from which they say Thaw is suffering
1t is a species of insanity which has
been recognized in every state OF this
union. from Canada to Mexico. from
the Atlantic To the Pacific.
.'pementa Americana"
All. gentlemen" said Mr.. Delmss
dramatically turning to the alienists
who testified for the prosecution. IF
you desire a name for this species OF in
sanity. let me suggest it-call it demen-
tia Americana.
THAT is the species of insanity
which makes every American man be-
lieve his home to be sacred; that is the
species of insanity which makes him
believe the honor of his daughter is
sacred; that is the species of insanity
which makes him believe the honor of
his wife is sacred: that is the species
which makes him believe that whose
ever fnvades mis- home. that whatsoever
stains the virtue of his threshold, has
violated the highest of human laws
and must appeal to the mercy of God,
if mercy there be for him anywhere in
the universe.
THAT is the species of insanity
which has been recognized by the
courts in the cases Of
Mr.. Caravan was on his feet with an
objection, saying that the argument
was taking too wide a range.
You understand" said Justice Fitz-
gerald to Mr. Delmas. The latter
waved his hand and turned again to
the jury
Leaves II to the Jury.
Remember, gentlemen, the law is
human law. l violate no law when /
ask you to take the oldest OF all laws. /
the golden law. the law that is at the
foundation of all laws-'Do unto others
as you would have them do unto
YOU
DO not send this young man to
death for what he did.
Il now. with all solemhity. leave i'm !
your hands the fate of Harry h. /
Thaw."
Thaw Believes Battle Won.
Thaw arose from his chair. went to /
where his mother and wife were sitting. I
grasped their hands confidently, and
then. with head erect, made his way to |
the prisoners pen and across the bridge
of signs, his prison guard following /
closely behind.
Thaw believes his case to be won. |
and firmly expressed himself so to his |
Adjournment was ordered until 1850 /