The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-12-03

the pistol TO do any hafm 10 brown VI
herself. and the pistol discharged ac-
cidentaliy she would not be guilty. II
she was making unlawful use of the
weapon and the pistol discharged as a
consequence and death resulted there
from, it would be manslaughter Ii
Mrs Bradley went to Browns room 10
shoot herself and Brown rushed TO
prevent her from shooting herself ana
the pistol killed him. she would De
guilty of manslaughter and nothing
more. The court also suggested the
possibility that Mrs. Bradley may have
been nenacing Brown to awe him into
marrying her. but without intending to
Shoot him, but that in trying To PIE
vent what he thought was her purpose
to shoot himself. he was shot, and
killed and said that would be man
slaughter.
Murder if Intentional.
The court also suggested that Brown
might have rushed toward her and the
circumstance of their relations and the
way ne approached hey and the provo
cation may have been such as 10 shake
any ordinary judgment and she fired.
even intending to take his life, that
would be manslaughter. But If the ev-
idence satisfies the jury that she did
fire Intentionally into Browns body,
she is guilty of murder at least in the
second degree; if Intentionally and de-
liberately and with premeditated mall
ice then it was murder in the first de-
gree.
Judge Stafford pointed out that all
the matters essential to the commits
sion OF the crime must be proved be-
yond q shadow Of doubt, reasonable
doubt meant beyond a moral certainty;
it meant a feeling sure to2t you are
making no mistake
The law, continued the court re-
quires a man to master his passions.
and furnishes him # he does not. The
emotional insanity theory is entirely
rejected in the district, said he, If
there is a reasonable doubt of the &c
PENDANTS responsibility the defendant
should be acquitted"
1T may be difficult" added the
court. "tO be uninfiuenced by personal
wishes or sympathies. 1t is a severe
test of your ability to be unswayed by
your feelings.
Browns Moral Delinquency.
The court spoke Of former Senator
Brown moral dellnquencies. which he
discussed with some sharpness. and
added
In passing moral JUDGMENTS no
man can weigh in equal la anCc the
man and the woman. 1t is impossible
for the manly man. h asid. "to with
hold condemnation when a man Sc
duces and abandOns Il woman" In this
case, as in all others, he added, We
have only the course of duty to follow.
Though referring 10 the paT1Onins
power of the president and the deere
ton vested in the executive. he pointed
out ;hat mercy was no part of the
jury's province.
He tCld the jury t. begin with pre-
sumption of entire Innocence and eX-
planned that even the face that Mrs.
Bradley was once indicted for adultery
in Utah is nos evidence to be cOnsid-
cred by the jury. Presumption of in
nOcence protects the accused person
step by step, and the case must Ill be
proved by the evidence. The whole
value of the famous 1900 word hypo-
theticaI question, h pointed out. de-
pended on its not including anything
which the jury does not believe to be
true.
Question of Sanity.
1T is true" the court said. no sane
perSJ1 has The right to kill another,
no matter how wild the passion or i'm
pulse under which be or she is labor
ing # II is found beyond a reasrna-
BILE doubt that up to the tragedy the
defendant was sane, then there is a
strong presumption that she was
sane at the time. All the evidence of
mistreatment by Brown was admitted
solely as bearing on the sanity or in
sanity OF the accused"
The case was given II the jury at
All p. m, and the jury Immediately
retired. Mrs Bradley, under guard of
a deputy marshal, went to her cell IN
der lie court room. There she spent
the waiting hours with her eldest boy.
She was in an extremely nervous cor
dition.