The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-04-11

charging him with murder IN the nfSt
degree.
Duty Of the Jury.
Mr.. Jerome went briefly into the law
covering the various classes into which
homicide is divided describing each.
IF you find that this defendant was
insane when he killed White, it is your
duty to say so in your verdict. If you
do not say so. it is because you believe
that this crime was iustifiable. Justi-
fable does not mean dementia Ameri-
cana: il means self-defense. But when
a man sits with his head in his hands
and is deliberately shot with a pistol
held so close to him that after the
shooting the victims own brother-in-
law did not recognize him, it can hard
~ be called self-defense east of the
Mississippi river.
There can be logically but one of
four verdicts returned by you-murder
in the first degree, because there was
not only design, but generalization;
murder in the second decree, because
tt ere was design but no generalization;
manslaughter, because there was nei-
ther design nor premeditatlon, but
merely the heat of passion; or. lastly.
not guilty because Of insanity
No Place for Sympathy.
Gentlemen of the jury. it is for coun-
sci to appeal TO you as they themselves
see their duty. To me the duty points
only to an appeal upon the evidence in
court. Counsel should not inject other
things into this case. An effort to in
fame your passions and to turn your
minds from the issue i'm this trial to
another case is not considered the duty
of counsel on the Atlantic seaboard
Your oath binds you to render your
verdict upon the evidence and that
n.
purely and plainly an intellectual pro-
cess, as you would dispose of a prob
lem in geometry. an equation in alge-
bra, or a sum in arithmetic. You are
to be the sole judges of this issue and
you are to judge by the facts. You
must take the law as the court gives
1t to you.
IF you are going into the question
of sympathy in this trial, il can be
played upon by both sides. Have you
thought of the widow i'm Cambridge and
the fatherless boy in Harvard? l men,
ton this that you may see that the
question of sympathy has naught to do
with the issues here"
Reminded of Their oaths.
Mr. Jerome next quoted at length
from the examinations of the twelve
jurors, reminding them of their oaths
and what they promised.
Whether YOU believe the story told
by this girl, whether or not you believe
in the sublime remuneration she made
of Thaw's offer Of marriage. your SYM
pathies are bound to assert themselves
in one form OF another. There is here
every element to arouse your passion.
You can't help it. But when YOU retire
to consider your verdict. you must lay
1t aside and guide yourselves solely by
intellectual processes Mr.. Jerome
discussed the question of reasonab BILE
doubt. He said it was such q doubt as
a man would act upon i'm matters per-
tanning to mis- own private affairs and
nothing more.
at must be a doubt of which you are
reasonably certain. \ reasonable doubt
is not a mere within.
ION the subject of insanity you were
carefully examined. You swore you
would not inject any ideas of your own
into your judgment but take the law
as 1T was laid down to you. You swore
you would accept only that form OF in
sanity which deprives a man of the
knowledge of the nature and quality of
his act, or that it is wrong. You did
not swear TO bring this demeEtia Amer
icana into the case"
"Dementia Americana"
Each mention of "dementia Ameri-
cana" was uttered by Mr.. Jerome with
a sarcastic infection.
"Dementia Americana. men," he said,
has no place in your verdict. You
swore to take no higher law than the
law of your state.
''Dementia Americana-What is the
dementia Americana which waits and
glares at it's enemy for three years and
then kills? 1t waits three long years
and grows bitter and then strikes
'Dementia Americana-that flaunts
the woman for whom it kills through
the capitals of Europe for two years
as it's mistress. Is that the higher law?
No, gentlemen, the higher law does not
hinge itself under the hem of wom-
ans skirt.
"Dementia Amercana-is that the
law which puts a woman up to tell of