Arizona republican., 1907-05-21
THE JURY IN TRAVAIL
 SEEKING FOR LIGHT
cestiauee Fsem Page l.

 ted. This was left to the court, who said the jury might judge of that point and if there was mo such evil dence the statement of counsel to that effect would be unheeded.
 MT. Lyman next spoke of defendants statement that he took his friend on the desert and left him there, saving he did not care what defendant said. for he was a liar.
 Judge Baker again objected that no such terms could properly be used against defendant who was entitled to respectful treatment. MT. Lyman concluding. said Judge Baker had grown wondrous kind and tender as to how defendant should be character ized but he was willing to leave the entire matter to the jury and asked the jurymen to determine the facts fear lessly under their oaths
 MT Lyman spoke for twenty min utes or half an hour and was follow ed by Alfred Franklin of counsel for the defense in a speech of about the same length.
 MT. Franklin said he had seldom faced a jury with sraver apprehension for the two reasons that he must not only contend against certain evidence produced. but he had also to deal with q community prejudiced against the defendant. young man. alone, help less and friendless The community had been exercised by what it believed to be a heinous and diabolical crime and it had been charged against this defendant and every possible effort had been made to hitch the crime upon him. The community believed him guilty in advance of the trial and he was not here to say the prejudice was not unwaTranted in some eases, never theless he believed the defendant should be given a fair consideration. He said he did not believe the jury would be weighed by mere suspicion, but that it would demand proof. To impress his point he said When you took your oaths so help you God you became allied with God Almighty, to see that justice is done. If you take this boys life without the full proof the law demands, you will suffer to God for it. I have a right tC appeal to you for sympathy. but not the sympa- thy that liberates a guilty man, only the broad sympathy that demands facts and justice
 There is a motive for. every crime, said the speaker. but he could find no motive for defendant to commit murder in this case. Defendant and the victim were the closest friends, there was no hatred or jealousy and certainly there could be no robbery motive for Leicht had little money and defendant had often paid their mutual incidental expenses. So far as the draft was concerned. had he want ed to steal it he could have done so in their room.
 He contended that while the body had been identified as that of Leicht. the corpus delicti had not been proved as it had not been shown that Leicht had met death through a criminal agency and that fact must be proved, and proved exclusively by the evil dence and not by anything connect lag Eytinge with the case. All the evi- dence Of death by criminal agency. said MT. Franklin. was mere suspic- ion and not proof. and it must be proved before anybody could be con- ViCted. The speaker read from the instructions of the court. defining the things that had to be proved and in sisting that the case of the prosecution rested only on suspicious. that the burden of proof was on the territory. and all doubt should be in favor of the defendant. He concluded by reading the indictment which he said. testified to the doubts of the grand jury as ta how Leicht came to his death and he could not see how the trial jury could be any better informed.