The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-02-09
DAY MUST DIE
FOR HIS CRIME
Continued from Page I


have good reputation among the col
ored people. Henry McThomas was also
among those called and surprised the
defense by declaring that he did not know
anything whatever as to the character or
VOss.
The afternoon session opened with the
speech to the jury by District Attorney
Loofbourow for the people. Mr.. Loot
bourow's speech was brief, but step by
stey- he told the story Of the day proceed
ing the murder and the events which led
up to the shooting, His language was
terse and to the point his voice rarely
rose above its ordinary level and he talk
ed as a man stating a series of incontro-
vertible facts. His entire speech did not
occupy more than half an hour.
Attorney Walter Little, for the defense,
then took the floor On a table before
him was the revolver which was used
in the shooting and heavy stick which
figured in the proceedings in tho hands
| of Edwards. and to both or which Mr..
Little referred frequently. He went over
the evidence. touched on the character
OF the defendant referred TO the test-
mony. which went to show the reputation
of the deceased among the colored peo-
pie and wound up by declaring that
verdict of not guilty would be the result
of the jury's deliberations
The closing speech of Mr.. Loofbourow
occupied scarcely fifteen minutes. He re-
ferred to the fact that Voss' hand had
been found In his pocket when picked up
from the floor, aud stated that self de-
tense was the Only uetenSe WnlCn cOulu
be made and that it had been proved
that there was none. Finally he com
mended the jurors TO the instructions
of the court. eXhorted them to find
verdict commensurate with the evidence
and according to the dictates of their con-
victions. He then announced that the
case for the people was closed.
zThe instructions Of the court were i'm
partial. The various degrees of murder
were explained, and the verdicts which
could be rendered under the law were
mentioned and commented upon. At
about half past four the jury filed
was declared by the court until such time
as decision should be reached.
The crime for which Dav must pay the
death penalty was the cOldblOoded muir
der of Horace H. Voss in the home CT
Joseph Weir on Franklin avenue, on Sun
day afternoon, Oct. H. last.
On the evening before the murder Day
had a quarrel with Matthew Edwards, an
old negro living on Franklin avenue. Voss
chided Day for striking an old man and
Day resented his interference. Day drank
heavily that night and the next morning.
Narrowly Escaped Mob.
In the afternoon while Voss and his
wife were talking to Joseph Weir, Sally
Yarber. and other colored residents OF
Franklin avenue, Day rushed in the door
and drawing revolver shot Voss through
| the head. He fell dead at the feet of
| mis- wife.
The murderer ran out of the house and
ran west on Third South street. followed
| by an Infatuated mob of negroes. At
| Third South and Main streets he was ar
| rested by Detective Raleigh, and saved
from lynching at the hands Of the negro
mob by being rushed to the police station
| in the patrol wagon.
There was general rejoicing among the
| negroes of Franklin avenue last night
when the result Of the verdict became
known, for Voss was very popular among
the negroes and was looked upon as the
leader of the cOlored population Day. on
| the other hand, was Of quarrelsome dis
position and had but few friends.