HYNOS HYNDS NOT MOT GUILTY 11 that was the verdict read at A M HOW IT WAS RECEIVED went out in the forenoon ind and were out over sixteen hours one of the jurors taken severely HIA study of the instructions judge hiles ou on the point of justification fi the long I conff watt wait was put pitt in in speculation as to what the result would be bein in the dark harry tta itoda nde Is it free pa man an at co coolock this morning the tha jury hi arit hla his cise returned at a verdict of 0 not guilty after having been out since debter jay forenoon the jurors at 2 sent bent word to judge miles hiles that they lad had agreed the defendant amot his is attorneys ere notified hynda appeared in the court courtroom room about and judge miles ellra arrived at about the samo same time the judge cent for the ills jurors who 1010 rma calma filing in at 3 15 dart dan griftin who we atia ill requiring support nono none of 0 tho the attorneys being present fudge miles informed hynds hynda that though the verdict would bo be received the defendants lights would br be protected and opportunity given to save exceptions hynda nodded jn in albent mid foreman handed tho the verdict to clerk loomis eyes were fixed on nn the clrk cl rk fj as he be read tho the fateful paper his face lighted up as lie heard the words not dulity and then tears teare welled into hla his e the jury was vas pollet pol d and ana tho met court discharged tho the defendant who received the congratulations of 0 a few fir friends knols lad and foon eoon aftel lert left the courtroom court room judge hit alles b began egan giving ills his in to the jury at yet ye berdoy morning and concluded a few manu minutes tea before 10 the jury then retired to their roon room to deliberate upon their chollet erd crol let but arade irom from an occasional message to tho the court to tile effect that they had not agreed nothing was heard front them until this morning tt i hen it was announced that they had aarl agreed ed upon a ve idlet and judge and counsel colnnel nere mere sent bent tor for juror din dan Grill lii tor for halt half an hour before the verdict was agreed on oil bid bad been it a severe from chills at 13 they were wem escorted to lunch by the bailiffs who ho had the tharo m in charge cli aret and at 6 delock in III the evening thoy went to dinner they alny returned from dinner at 8 cl clock but at 9 80 30 word was sent to judge miles that they mere ero batill divided as to the merits of the iho case and his honor left the building with the assurance to the jury that hill mould return in the event that thy they reached P a verdict during the night the hours that intervened between tho time that the jury retired in the iner morning ning until the building was deserted by all ajl save eave the jury and bailiffs lait lah flight passed very slowly to it alie carlle par lle as well as to t hie e croad that had bad congregated to witness tile finale of tile the case was strong etrone in tho the belief a when hen the jury retired that they would mould return with it a verdict of 0 acquittal within it a hort space of time but as the hours dragged aged tr without the receipt of any encouraging coul cou aging raging news from the jury room ho be hean to fear that the deliberations of the jurors would only result in a dis agreement on account of the burning burnlee out of a nw itch board laba evening the criminal courtroom the cleida office cinca and the county attorneys office were in fit egyptian darkness for or nearly an hour and it was suggested that the jurors were III m the same condition no go far as aa their mental islon was waa concerned their lights bo however banever Never ere not by thi the switchboard switch board find and it was reported mat thy they th y still hlll poring over the instructions of tho the court up to io 10 eblock last labi during tho the evening various rumors awne silent afloat as to how bow the jury blood topple being to te tho the effect e that they stood I 1 to 3 for acquittal a and nd others that ill cy blood 10 to 2 for or acquittal at a ule late hour the report was cury cur rent that only one man was standing out for or mn com lotion judko judge title rules in his instructions to the jury ury denied denned tile the elements of 0 murd r I 1 in al the first degree murder in the second lid degree voluntary manslaughter and nl involuntary manslaughter THE COURT instructions in the course of his instructions the court said eald you are further instructed that section alon of the compiled laws lawn 0 of utah sperl lles tile tho cases in w which aich homicide IN 1 Justl flable and among amone these thene la is the tire where tile the slayer kills in a sudden hiat of 0 passion caused by the attempt ot of tile the person killed to colli commit calt a rape idon lion tho the wife ot of the defendant or aughter lugh ter sister bister mother or other female relation or dep dependent n dent or to delile the same or when the defilement has haa dually actually been committed in abi this i connection I 1 charge you that the seduction or tile the having of 0 illicit carnal Inter nume by a man with the a 0 of another without his consent or connivance or with tile the daughter bister mother or other othe r female demalo relation n or pendent ot of tho defendant iq 1 ap a de 1 filet nent of 0 such mch f male within the snarling In arling of 0 tillia aln ft acute tatu tc whether cuch was warf with the consent of lich teni iilo or not in this ca caal th defendant d fen dapAt that he shot ahot and k killed the deceased rut but hi he claims that he was justified in 00 0 o doing because it was suddenly made mad to his mind that the dece deceased a G e ad bad id luat just recently denied defiled his alfe a end n d that the sudden all discovery and the attending circumstances of 0 the cism discovery very 61 a wrought upon his pasi passions alons and les that ile he was waa impelled whilst uner ider great heat beat of 0 passion to fire the batal tatal 11 toots shots and that he wait wa controlled 0 tied by tuch such heat ot of passion and a nd not from om ani any purpose formed upon coal 01 ol deliberation and premeditation to kill the deceased detore before you can justify the defend int nt tr for the killing it must appear to your first that the defend lint nt acted wholly Al lolly under linder the influence of 0 tuan ell hoat heat ot of position ill that tho the him were I 1 i uni clent dent to induce the b ellet belief ini in a read rca reliable person peron acting with ordinary caution all I 1 0 n that his bin wife had hien been df all d by 7 the be deceased third that ill aude bands was waa then the wife of defend t 1 presumption tRE OP OF T it 19 1 to how allow that a do af 11 I 1 has actually been committed if tile the panics are dis corded or etc aie taken in such h um stances and situation 1 as an reasonably indicate that thai they h nave ive just committed the adulterous a act et a in determining whether the provocation e lion Is or reason e ordinary f 1 I 1 human hu r I 1 all nature or the average av et co ot rj m 01 t recognized ns as men of fair avera ake ge mind ind and should be taken as tile the standard and not the highest type 0 of man mail COnsid tied in re r e lallon 1 to character arid and ability to hold hol d the passions ani and feelings at all times abid al under all circumstances lit in subordination Ni di to the dictates ot of acason prudence and judgment judgment if 11 there their tore fore you are arc satisfied hy by a preponderance re of oc it the a evidence ey idenie giver before f ore you in this case that this woman oman maude loynds was the wife title 0 of defendant and that tha t at the th e time little 0 of the homicide hominid n the defendant discovered the dev deceased eased with will the wife at the house or of defendant and under such circumstances find and in such situation as fl would u d indicate to the mind p ot a reasonable re a ble person acting with common prudence that his I 1 mire lie had bad hirn bom hi rn actual actually ay denied by tile the deceased arid and that suh such discovery created ft a sudden heat 0 of pas alon ion in tile defendant fondant de and that ile he then noted acted wholly under the influence influent co of such heat of 0 passion and shot and killed the hie deceased dr the dt Is in justat e d under I 1 ajer this statute and it Is your duty to acquit him aln vell even though you night think the statute vt roni rong and not com comforting comporting porting with aith an all enlightened and humane it Is tile hie duty daty of courts und and juries 1 to obey 0 and d follow the fco be long as they remain upon the statute book reasonable DOUBT you tell are further instructed that it if upon the consideration and comparison of ill all tile this evidence el dence in the case cam you have it a rca reasonable doubt at as to m whether the defendant acted wholly under tile influence 0 of EL a sudden heat of passion caused by ilia his discovering the fact that ills his mite lad had been denied by deceased dace a I 1 d you yon should gle give the defendant the benefit L of such mich doubt arid and acquit him A hard har fear or suspicion n that tile the de ceased censed had ad denied pl wife would not be sufficient but as I 1 have sold said the lite bellof must be founded on buch b uc it evident and tangible fatta facts as reasonably son ably linduff the belief that tile the tact fact Is 0 IO 10 o tho th defend defendant ont by ills his counsel in his statement to tile the jury and hy by his testimony on oil cross examination that ills hitt lie he her vila mas ani an unchaste woman that fact act II if it be a fact would plot not take tile hie defendants fend ants wife out of i the category of per persons men mentioned timed lit in ill the U statute matut who nay may lie be debird do litof the statute makes no discrimination between wives alio have been unchaste women before marriage and those thoe who were chaste cha you can cori consider bider lin however wever the re of ft defendant towards tits his alte ire and all her relations toward him during anti and even before their man led life fo 0 o far as ai a i the th e evidence idenie beffie beffi A you shows AA them tor for the purpose of aiding you it necessary in it determining whether the defendant was in ft sudden heat heal ot of pa passion 3 when he h 81 slew ew the dec deceased eared after all that has been said in tills this case the sole question for you to determine in view ot of this statute li is was waa the defendant acting with coolness arid and deliberation when lie shot the deceased decca seA or was he be aung at line wholly under the influence ot of a heat of n passion caused by what lie he then disco con the relations between deceased and mrs mra hynds it if it in the killing ho he acted with coolness a and nd deliberation h he e Is guilty if on oil th the 0 ther other hand lie he acted wholly under tile the ot of heat ot at passion pa oslon tile the ci cae Is mathin the statute stat u te and he be Is 11 not guilty