The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-10-01

case out OF your hands and direct an
acaulttal
AS n general rule of law, one speaking
against an accused must first be sworn
examination before his etatement can he
heard ms evidence: but there is an excep-
ton made in that certain class OF evil
dcnce commonly named diving decIara-
tions. that is. statements ge.'mane to the
Issue made by one about 10 die Here
tne Iaw assumes that a man in the imme-
uiate presence of death will not probably
lie; and his statement is admissible as
evidence, with the usual presumption OF
ruin In It's favor But. IL must affirma-
lively and conclusively appear that the
deceased. at the time OF making such
A declaration, believed himself about 10
die, had. in fact. abandoned all hope OF
covery. OF any doubt of death. his state
mcnJ Is not admissible as evidence II
Is not material that he did In fact die.
even with the words OF the declaration
on his lips II he did not believe death
impending.
This is the rule Let us now apply
IT was that Italian. the Marquis Mazac-
era. who did II, When I get we'll 1
will kill him. Did the decedent believe
this statement? Had he abandoned hone
Of life? Clearly not. His statement itself
will establish the contrary beyond
doubt. When ! get well | Will kill him.
Here IS more than a hope OF life. Here
Is threat of retrbution. based on a
conviction OF recovery. This statement OF
the decedent is. therefore not an admissl-
bic dying declaration. 1t cannot be intro
duced as evidence. 1t is worthless re-
cita! before the law.
Now. gentlemen OF the Jury, there Is
no evidence whatever. other than This
inadmissible statement. tending TO con-
meet the accused with this homicide.
shall, therefore, sustain the motion made
bv counsel for the accused You are dl-
rccted 10 find n verdict OF mot guilty
And the Marquis Mazaccra, ALIAS Ricardo
Robini. Is discharged
The following morning the district at
torncv OF New York had his triumph.
bis statement TO the electorate OF the
city marked the greatness OF the man:
II was dignified. concise and Without ex-
ultation. Being aware that the state
ment of Tolnan Perkins was not ad-
ian would be acquitted If seized and
tried his plan was 10 set the police ma
chlnerY at work on the case IN the hope
of finding some evidence connecting the
accused with the crime. Finally. when
The great wave of public opinion de-
sccnded on him. he determined TO Yield
10 its wishes and thereby give the peo-
pie an object lesson. an example of the
danger of public clamor when directed
against the administration OF the law.
He looked upon the result as thlng not
10 be GepIored rather as public good.
tending TO strengthen the confidence of
the people in the integrity OF Its public
servants,
It was now clear to me why Randolph
Mason had tried to goad The district at
torney into a trial. There. was danger
In delay, something might be discov-
cred: but trial upon the evidence in the
possession of the people must result In
acquittal. and. If the man was once ac-
quilted. he could not again be tried. no
matter what after evidence was discov-
cred.
The Marquis Mazaccra saw II all: 100;
hue he made no fulsome ofSer Of thanks
TO Randolph Mason in the court room.
He maintained there his bearing OF an
arstocrat. the air OF man lightly IN
diffcren, 10 sun or shadow. Later. on his
way to an Italian steamer. he came in
''Mr Mason he said. 81 wish to thank
you for my life"
"Sir" said Mason. 'I had no interest
I'm YOUR life The adjustment of your
problem was the only thing of interest
TO me"
have not been lately in Italy, but
7 am told that II one win double the cop
per coins dropped into the dish OF ths
collector at Sorrento, he will be rowed
along the bay to the villa OF the Mar
ouis Mazaccra. and " he. increase this
pay 10 Ira, he will be shown the Flr-
gin OF the Mountain.