The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-01-12

T.
but what you will consider the testi-
mony with the greatest care, and that
you will require that all that the law
says must be done shall be done, before
you will convict her of single thing.
And may l now say to you that we
have been associated here for days.
and the days have run into weeks;
and / have not felt that it was proper
for me to speak with you or to greet
you as you have come into this court
room; you will pass from the court
room, and we never shall have met per-
sonally, and l shall never take you by
your hands. because, when L shall
have finished I VIII be obliged to start
on my journey home. 1t is strange
thing that fate has for time so close
ly Joined our lives. One year ago, as
we were travelling along our respective
Il roads, we little thought that during
INhe last days of this year we would
find our paths running so closely to-
gether, and then that we would sepa-
rate and both of US to go as strangers
father and farther aptrt.
| We are here, however, in common
duty-you TO determine the guilt or
! innocence of this defendant, l to pre-
sent her cause as well as l can. And
1 shall endeavor strictly to hew to the
! facts and to the issues in this case. l
shall make no effort at eloquence and
! / shall not appeal to your human SYM
patty. 1t is not the duty Of counsel
| to mislead juries, nor to try to mislead
the court. Counsel should be an aid
to the jury and an aid to the court.
! And if at any time in the discussion
| of the facts in this case, l shall over
step what you may consider the legiti-
mate argument of counsel I beg Of
| you gentlemen of the jury, ana / ask
the court, to consider that 1t comes
| from my intense interest on behalf o.
my client, and not because I inten
| tionally violate any of the rules of la "
or any of the principles of practice in
a court of justice.
What Charge Involves.
The charge against this woman is
murder in the first degree. 1t involves
reconciliation, elaboration and malice
atorethought. 1t is a charge against
woman, and it becomes a most Sc
| rious charge when it is planted against
woman. They have argued upon the
other side that you must treat this
woman exactly as you would a great,
strong man. They have argued that
| you must treat this woman exactly as
| you would a coarse and ignorant wO-
man. And hence they have felt that
/ II was their province and their duty
to use language toward her which cut
l..
! strong man would not have appre-
| ciated in the least degree and which
would not have hurt a brutal woman.
| l regret that counsel felt 1t was neces-
| sary in addition to all else that this
woman must suffer in the conduct of
this trial, that she should be con-
demned as she has been condemned
here.
Woman seldom commits crimes of
| character he
| does not kill. Woman is the source of
| life. Woman does not take life except
| as she is abnormally created, or except
as her mind has become bewildered, or
| else in defense of her virtue or of her
| life. Women attend US when we are
| children; women minister to us as we
grow old; women stand with US by the
bedside of pain; woman closes our
eyes in death, and so l say that this |
case Is unlike one where a great, |
strong man, full of vicious tendencies,
is charged with crime.
Presumption of Innocence.
1t has been we'll argued by my eIo.
quent associates here that this woman |
stands clothed with the presumption of |
innocence. You are to enter upon the |
| trial of the case looking upon her as !
an absolutely innocent person. That |
presumption of innocence is not an |
idle word TO be blown away with a |
breath, but it clings to her throughout |
the entire case; and it is such a strong |
presumption that she cannot be con-
victed until every man upon the Jury
is satisfied beyond a reasonable doubt |
that all the material facts and ele- /
mentS that go 10 make UP this serious |
charge against her have been proved |
She cannot be convicted so long as
there remains reasonable doubt in |
the mind of any single man upon that |
jury that this gentle timid. shrinking
mother of children is a malicious muir
deress, and that she must be hustled
to the Sailows and there strangled un-
| TIL she is dead by the hands of strong
men. That is how this case must be |
proven.
Not only that; she comes into this
court room not only with the presump-
ton that she has good character for
peace and good order, which is the is
sue in this case. but she comes here
assisted by the word of men who
stand high in her state, some who
stand high in this nation-nen who
have held and men who are holding
official positions, positions of trust and
of honor. And they all declare to you
that she has secured, by her life,
where she is known, a good character
for peace and good order.
COCO Charlct3T Shield.
In times of trouble and stress char
acter is more valuable than gold At
times it is the only defense that a man
mas. We hear of some atrocious crime
said to have been committed by n
man, and we say that he is not guilty
because we know that his previous
life has been such that il is entir, ly
foreign to his nature. We hear that
another man has committed a crime.
and we at once conclude that he must
be guilty, because of the fact tha- his
life has been such that he had earned
bad character for the qualities that
the crime includes In the community
where he resides.
This woman comes here with good
character established. And when you
add that to the presumption of inno-
cence, to the fact that she must be
proved guilty beyond a reasonable
doubt, to the fact that this awful
crime charged is seldom committed by
woman, | say TO you that the case
presented by the government is not
such as would justify a jury i'm rem
dering verdict of guilty of any crime
whatever against this defendant.
Who is this woman? The first that
you heard of her in this city was in
connection with this tragedy. She
comes here aroopo~ Won 11DEponya |