Salt Lake Herald | 1890-12-14 | Page 10 | In the Olson Case

IN i THE OLSON CASE I The Full Text of Judge Powers Argument i TIlE EFFORT OF HIS LIFE An Eloquent Masterly and Effective Plea i I Behalf of Ills Far 1ouns I lent I Few criminal cases nave ever been tried which attracted more attention than that III of Amanda Olson the slayer of Frank Ba J The casa was called up in the Third I district court on Thursday November 4th I und tho trial was not concluded until i Wednesday December lOtb when the jury I retrcJ a verdict of acquittal I was a jacst interesting case from the beginning and tho great legal battle was watched each day by a crowded court room Messrs Varian and Critchlow conducted the prosecution and they left no stone unturned un-turned to make out the strongest case pos jsibie ludge Powers who appeared for Miss Olson labored with unceasing zeal arl on Tuesday last he made his great argument to the jury The address occupied oc-cupied three hours and it was listened to with intense interest by all present I bis argument Judge Powers presented the whole case analysed all the evidence and niaue a masterly appeal for his client Those who heard it unanimously prone pro-ne unced it the effort of his life and the synopsis which appeared in the press awoke such an interest that TUB HERALD deeideu to publish the plea in full as it was reported by Frank E McGurran the official of-ficial reporter of the Third district court The argument was as follows M the v It Juri please Your Honor and Gentlemen of Those of us who recall the night of the 29th of September last remember that it WM a night when the sky was overcast i th clouds It seemed as if the long summer sum-mer days were coming to and end The deep blue of our Italian skies bad been cicJ When we opened this case there were clouds that overhung this valley the i i rain fell the snow descended but this morning as we turned our eyes toward the cast we saw that the glad sunlight was streaming down upon contented happy homes May I not consider that a good < omen an omen that in the life of this little girl whom I have been trying to defend during the past five days at last the sunlight sun-light is to enter once more that when this case shall have been submitted to you by your verdict you will say to her Go forth and bathe your brow in the pure air of liberty May I not look upon these rays of sunlight as indications of the verdic 5e will receive This is a case in which the gravest responsibilities rest upon us all So far as I ave been able to learn this is the firs titno that a woman was ever placed upon trial for her life in this court room I shows that womans hand is not often stained with blood Land it indicate tuat when she is placed upon trial charged with THE GRAVEST CUIME that man or woman can be charged with the responsibility upon the court the re spnsibility upon the prosecution the re sponoib ity upon the defense and the r sponsibiiity upon the jury is deeper Lrader heavier than in any other case that can be placed before twelve men You should be pleased however that you have bern selected ab twelvp men into whose j hands have been placed the life and the liberty of this little girl for you will have the opportunit of saying to the world just what value twelve men of Utah place upon womans virtue I shall advance t you in the discussion of this case two propositions both of them connected The first which would be un stistaincd by the law if it was not taken into consideration and discussed with the second is this that the man who seduces seuces an nnocent girl earns his death The See ocd is tbat the hand of Amanda Olson could not have been stayed even though aLa had tried And in the discussion the case these two propositions will be consdered by me conjointly First of all let us look at the crime as it Is itl uown in the books and let us see what it is that we have to try The coun BLI Tor the prosecution has directed your attention to the fact that the indictment etns elements of other crimes than nufter la the first degree and has rued U < yc J that even though you are unable to linj verdict of murder in the frt degree 5 va may possibly be able TO CONVICT THIS P1EI ol some one of the lesser crimes 1 pr rose to show o that his position is inconsistent that this is a case where tiitjer tie highest offence known t the lav has been committed or else this girl is ni suUty morally or legally and I want toE to-E y to you now tuatfahc spurns any compro XL so verdict Sho demands of you taat j c j siiall do your duty and i you believe b ond a reasonable doubt that she is I g t of a wilful premeditated and cold bcodcd murder that jot shall render your TiiXct and say that she shall be offered L p j a sacrifice tc the law On the other hid she also says through her counsel t if you have any reasonable doubt u t > c guilt that she shall have tho benefit ol tiut doubt and that she shall b Ilrttcd No verdict would be worthy of ycu cxcpt one of murder in the first de ret wthout recommendation t mercy 0 j verdict of not guilty And I will state tO reasons for that proposition forwe area are-a hero t dodge anything wo are not here to seek for a compromise we are here s i Iy to ask and to demand our rights and 11 h rg moreL more-L acer our statute murder is the unlaw i 1 i1Lng of a human being with malice nf rethought Such malice may be ex jrcss or implied I is express where t r Is a manifest or deliberate intention uiavIcUy t take the life of a fellow creature It is implied when no considerable consider-able provocation appears or when the cir c I stances attending the killing show an BwuLtlcned or malignant heart Every isunlor perpetrated by poison lying in wait or any other kind 01 wilful deliberate deliber-ate malicious and premeditated kit Lrg or committed in tho pcrpetra tm or attempt to perpetrate any arson rape burglary or robbery or perpetrated from a premeditated design unawfully and maliciously t effect the dpath of any other human being other than 1 EI who is killed or perpetrated by any I t greatly dangerous to the lives of others and evidencing a depraved mind regardless of human life is murder in the first degree de-gree and any other homicide committee under such circumstances as would have constituted murder at common law IS MURDER IO THE SECOND DEGREE Now what do the fact presented by tho prosecution disclose in this case I they and if this little girl is are right i ltte gil responsible responsi-ble then it shows this I shows a murder mur-der as was argued by counsel that was Instigated in-stigated solely by jealousy and revenge A murder that was perpetrated by lying l in wait A murder that showed most wUTu deliberation A murder that showed premeditation pre-meditation I their theory is correct i this girl was responsible for that act then grl they have made a case of murder in the < first degree and I say that it would be unworthy un-worthy of your manhood i you should do aught than justice by this girl Either you must convict her in accordance with the theory of tho prosecution or you should couit her and say to her that at last the clouds have parted and rolled away and I once more the sunlight shall come into your life t cheer and gladden you All lmy brother felt the silent secret imperceptible I impercepti-ble influence that flows from one another like waves when he said to you that there seemed to be a popular feeling that this gir should go free and when he begged of you that you would steel your hearts against it and urged I that you should be as edO as ce and decide this case without reference to the way in which tho public would have i bo decided I ask of von the same and et I eel ashe felt In a case of this dnd there is i something that is planted in mans heart that makes it impossible for hIm to teat it as be would a case of cold blooded deliberate murder Do you know tiat in the history of American jurisprudence jurispru-dence there never yet his been a girl convicted con-victed of killing her seducer There never has been a man convicted WHO KILLE > THE DESTROTER o 1 the happiness of his family or who killed the man who seduced or wronged his sister We may pass our li imau laws and pile them high we l the statute books with fine discriminations as u what jonsiitutea offenses and yet the Mimghtyhas planted in mans heart feeing feei-ng that makes this popular sentiment that ny brother spoke about I is human nature na-ture It is claimed that in courts of jus ice wo cannot consider thatthat is that we ought nut to consider that 1 do not say that we cannot because human nature is human nature tho world over and it i sometimes impossible for a man to bo I otherwise than human I is sometimes impossible for him to bo swayed by other I than human impulses 1 know my brother strove bard this morning indeed I felt as VIr Critchlow progressed that I wished that he could nave felt that it wasnot ncccs ssary ior him in the discussion of the facts In a way almost cruel and that must have cut my client to her little heart It did seem orncaiid Isay it here as the counsel this girl filled with responsibilities of this case very hard that that little girl should JrJ have t < sit here and have it stated over andover and-over in her presence that what she had testified to from the witness stand was not true to hear that she was a flinty stone hearted porton to hear the one who had wronged her as woman scarcely ever is wronged held up as a paragon of virtue In behilf of humanity I desire to rafuto ole imputation that has been made by tho earned counsel Hesaid in the course of his argument that if mankind is to be shot down as for such things as these our towns and cities will bo depopulated Can it be that mankind has fallen so low that if we punish those who assault the virtue of innocent girls we will depopulate our towns ana cities 1 Mr Criochlow could not have weighed those words He could not have seriously considered the sentiment senti-ment that he expressed I have too much faith in humanity to believe it I do not believe that we have reached that state of morals where such a course as was pursued pur-sued towards this girl can be justified lora lor-a single moment by any living man and I believe that there are in this city honest and virtuous men as there are honest and virtuous women I believe that there are monet this jury who love their children AND LOVE THEIR HOMES Wherein does the happiness of this world consist i It i when at night you close the cose door b hind you as you enter and sit within the realm where the queen of love holds sway where you hear your little ones prattling and you read in their eyes your hopes of the future where you see your girls bud to womanhood a beautiful as human floxvers as graceful tender and innocent in-nocent a womankind can be There you shut out the world There by your own fireside you think not such thoughts as have been expressed by the counsel upon the other side There is the true happiness happi-ness of this life and to say that any town in this whole wide world is made up principally prin-cipally of men who would seek out these tender plants and destroy them just as they are budding into womanhood is to say that man made in the image of the Almighty is a human monster and the sooner he is swept from off tho face of the earth and some of the beasts of the field take his place the better I man has reached that point then I say that our towns and cities ought to be depopulated Then again counsel takes inconsistent positions He argues at tho outset that I Amanda Olson is an uneducated unsophisticated unsophis-ticated girl of poor but honest parents I respectable enough as the world goes but not having reached 1 very high social plane and he scarcely admits that she has a womanly heart and womanly impulses and feelings Later on when he wants to build up the case for the prosecution pros-ecution He he pictures her as a tigress COMPARES nnn WITH LADY MACBETH He says that she is scheming that she is cold that she is jealous aud that she is an pry He would have you believe that this simple unsophisticated uneducated this common sort of girl suddenly bloomed into a person filled with vile schemes capable of contending with acute minds able to plan and t plot deliberate murder and afterwards after-wards to play upon the stage that she is insane in-sane and make men believe it even in those terrible moment of distress after the dreadful tragedy occurred I direct attention atten-tion to this for the purpose of indicating to you its inconsistency In fact propositions advanced were inconsistent in many particulars Ho opened and closed his argument with the proposition that the people demanded that this girl be acquitted Now that means something dont il When a coldblooded wilful deliberate premeditated murder is committed when there is no excuse no defense de-fense th people are not crying out that the murderer should be acquitted When crime staiks abroad with its hideous mien the people ire insisting that it shall be putdown put-down this is I government of the people by the people and for the people They make and they execute their laws and while is would havo been improper for me to refer to this had it not been referred toby to-by counsel for tho prosecution and I would not have referred to it I say that after all tnat the people are pretty good judges of the in which they want their laws way they executed ex-ecuted I thank my brother for giving me the opportunity of indicating to you who have been immureod in your rooms for the past fonr or five days an idea as to how the evidence in this caso HAS ISIEHESSED THE PEOPLE Counsel started with the life of Amanda Olson as 1 little girl and ho unmercifully dissected it as he proceeded He laid bare a womans heart and as he handed it before you and dissected it he gave it as his opinion that it i was not of flesh but stone He took her intellect and dissected that and IIP argued to you that it was u cold calculating calculat-ing and scheming intellect He directs attention to the girl herself and indicated that for the purpose of saving her life sho has wilfully concocted a story Ho seems to lose in discussing thecase somomattcrs that we have iO take into consideration I We cave to take into consideration human impulses and human feelings and so now I I proposo to tell you the story of Amanda I Olson the story of one little life as it has been developed in this case I propose so far as I can to take you and with you to go with that little girl as she grew up to womanhood as she went about her daily work as she finally gave her whole heart t this man who proved to be so false to her and I wish that in telling that story that I had a tongue that could coin the tngo words that the heart would express I wish that I could take this evidence that has been disclosed here from the witness stand and paint the picture that is indellibly stamped upon this girls life I I could I would have no doubt about your verdict for I would show you human suffering and human sorrow such as it is the lot of man to see but seldom I waut you to come with me now I want you to examine this case and see whether this girl is cruel harsh cold and wicked Thereupon court took a recess until 2 oclock pm TCESDAT AFTERNOON BECEMHEK 9 l Address of Mr Powers continued as follows fol-lows The simple recital of this story to which I invoke your attention seems to me to be sufficient without argument to induce twelve fair minded men to render a verdict of not guilty Language cannot add to the pathos of this story It is a story of such mental distress such human suffering such base treachery upon toe part of man that it must be that you will feel that when that little hand held the gun which ended the life of Frank Hall that Amanda I i Olson was not responsible I J iou have already heard it stated by counsel that this girl was born hero in Salt Lake Her Barents came from the Old 1 countryfrom the north country from a 1 land where virtuous women live a land I that has sent to America some of its best citizens who came here seeking for freedom seeking for advancement seeking I for thought and the intelligence that is the glory of America Here inTJtah this child was born I say child and I uso the word advisedly for although she has reachedthe years of womanhood she is to all intents and purpose yet a girla confining an honest ti lovable a virtuous girL 1 say this in view of what has been thrown out by counsel for the prosecution who in his argument has impunged the virtue the honesty the integrity and tho truthfulness of my client She was born hero in Salt Lake and she had the advantages that girls in ordinary ciacumstances have in this city That she is more than an ordinary woman a woman who is fit to adorn any household every man must believe who saw her upon that witness stand She is a woman of a nature that when f man once wins her love he secures a treasure that cannot be measured in gold it is more I precious than the diamonds of the Indies Sho is of such a nature that she would belo I be-lo a and true through good and through evil report She grew up here in our midst She gazed on these mountains she walked about here in these streets she looked over this valley She is a typical product of Utah and in her young heart there was imbedded TIlE PKIKCULES OF VIRTUE I of honesty and of truth Sho placed her character in evidence here before you and then the prosecution had they seenfit could have assailed i uut there has not been found in this great city one man or woman so hardened that he or she could say aught against the purity against the virtue against the nobility of character of this girl who i now on trial hero before you youShe grew up hero happy and contented happy in her own home happy with her friends Sho knew not mans baseness She trusted she believed she loved To love is the fate of womAn Love to woman is life itself Love to woman is her whole nature and that which makes woman lovable and adorable is the trust and confidence con-fidence she places in the man who secures her affection I seems to be the connecting connect-ing link between this earth and the heaven above It is angelic it is enchanting This happy honest virtuous girl this child of Utah grow up here unsuspecting mans wiles She had as a neighbor a woman whohas figured this case Awoman of whom the defense has said as little about as it was possible to say and present the case of Amanda Olson 1 claim for the defense de-fense that we have neither slandered the dead nor attacked the living Wo felt that when the earth closed over Frank Hall that except so far as it was necessary to present the case of this little girl here before be-fore this jury we would allow that grave to remain closed and covered i with charity It ill became counsel to suggest that we could not find any one in this city to speak against him We have the proof in this case that while I this jury was being examined a gentlemin by the same name of Hal happeneats be called and he said that ho could not oean unprejudiced juror for the reason that their letters occasionally became be-came mixed Tbat much we have in this case and that was not placed heie by tho defense We felt THAT WUEX DEATH CAStE CAI1 that it should cad criticism except so far as it becomes absolutely essential for tho liberty or the life of the living Amanda Olson knew a woman whom sho had learned to trust You know how a girl learns to trust her neighbors the women of her neighborhood and this woman introduced her to the man who played her false Ah there began her troubles There her little life began to change That little girl who had prattled about her mothers knee who looked after her two younger brothers who have been spoken of here then entered upon that road that led to this serious tragedy and which ends with the verdict of this jury The woman wno introduced this man to her stood as his sponsor Evidently she had reached years of discretion He was a member of the womans family She knew that this girl was C neighbor daughter She was aware that she was a confiding child and yet she brought to her Fiaak Hall and introduced him Die this girl seek that mans society And I ask this question in view of tlo imputation that have been cat by counsel Forgetting the powerful impulses of womans love he has argued to you that this girl did something that was exceedingly exceed-ingly discreditable because she accepted his advances Did she seek him Is there a single word here that wouU indicate that she ever walked up and down the streets seeking for an assignation with this manor man-or with any other man Ah no Up to < that time her heart was a virgin heart it never had opened to any man upon earth No one had ever sought her society with a view to marriage NO ONE HAD EVER COURTED HER She mot this manthis man of the word one who was a charming conversationalist who had had experience who knew the ways of women who knew how to take the golden key that would unlock the treasure chest of her hbart and she met himguile less unsophisticated a mere child I dis like to pass ono word of criticism but in view of what has been said by the prosecu tion to the effect that the character of Frank Hall stands pure and white I say that the man who has reached years of discretion dis-cretion and who finds that bo has an opportunity op-portunity to take to himself that which is the holiest thing upon earth the love of womanand does not protect that child Ot that woman who gives such love is base is open to criticism is not the whit souled being that is painted here by the prosecution Hall began deliberately He knew how to sway a young girls feelings Hesought others and asked the opportunity of walking walk-ing with her of riding with her and of visiting her Nay more he knew as you men 01 discretion know that the surest way to win a womans affection is to secure her pity and so he went tp her and pictured pic-tured t her his lonely life told her how it had been destroyed by one who had nom ised her fealty and love to him and said to her that his lifo was a blank and worked upon her pity Pity is akin to love and as sue pitied she grew to love She scarcely knew when it began Sho scarcely knew the gradations that went on stop by step until her whole heart and her whole soul became his But she pitied him and she loved him and to pity and to love is to bo womanly and sweet aud that is WUATTHAT GIRL WAS TO FRAXK HAlL HAl-L there anything up to that point that would lead you to say that this little girl is open to criticism this girl tbat my brother admits had not mingled with society this girl who had not had the advantages of a liberal education this girl whose life was bounded by the horizon of this valley She simply did that which woman has done from time immemorial She gave to this man unworthy though ho was her entire love and when she gavo her love she gave her life You may say that love is nothing but I say to you that it Js the sweetest the most beautiful the most powerful of all tho human emotions Have you over stood by an open grave and seen it cover one whom you loved and adored I you have you can feel that there is something that is not altogether gross in our nature Have you ever drawn to your bbsom the wife who has pledged her heart to you and felt that she was dearer than all else in this word i I you have you have felt that our cities arc not entirely populated by such men a Frank Hall and that they would not bo entirely depopulated i avenging angels should take their gUns in their hands as this girl did in this case There is something spiritual as well as something gross in the nature of man and there is far more of the spiritual in the nature na-ture of woman because as I havo already said to you love is womans soul love is womans life love is womans fate and to love with woman is to live When love goes from woman death comes though sho may walk our streets and meet us and talk with us I you could only see that home as It was when that man entered ill I There was the old father and the mother there were those two younger brothers there was this daughter who was just blossoming into womanhood this woman who isyot a child and can you conceive how any man who should enter there could havo the heart t be aught than true could havo the heart to bo a traitor Right here the words of Burns in that beautiful poem of the Cotters Saturday Night scorn to me to present an illustration for he says Is there in human form that bears a hear A Wretch a villain lost to love and truth That can with studIed sly ensnaring art Betray sweet Jennys unsuspecting youth I Curse on ms perjured arts disseinollag smooth Are honor virtue conscience alls called all-s there no pity no relentiagruth I Points 19 the parents Jondling oer their child < Ten paints tbe ruined maid and their distrac ton wildi It was into such a household as that that Frank Hall was introduced by Mrs Hart Who was the aggressor Who made war upon society Who was it that broke this casket of virtue Was it the girl Must she bear this blame DID SHE SEEK HIM OUT did she beg him to come to her house did she plead with her father that height II he-ight visit them 1 No It was Hal him self and he came there and he warmed I himself by their hearthstone and horned I ho-rned and ho bit the heart that nurtured Wm WmThose Those are the facts in this ese and up to this point I submit to you that I have stated nothing but what is borne out by the testimony and Ihave not stated it half strong enough We find him then in that I lousenold Ah yes and the prosecution brought out and I thank them for It tho I fact that that old father in tho love for his daughter asked and pleaded that sho might marry within the church that she mignt choose one of her own faith and that she shouldturn from this uiau this false dissembler sembler How much better it would have Men > i that had been I How much better for you would not have been sitting hero today and this little girl I would not have been weeping her little heart away by that table My brothers II broth-ers would not have been compelled to criti I I else this little woman as they have and to torture her as they felt i was necessary in order to present the case of the people I Her parents gave her good advice but you know that the human heart is perverse and you know that the nature of woman Is such that the advice you give them a > to whether they shall lay their affections upon this altar or lay them upon that altar has the effect that they go to the one whom they are advised to shun And human Section is I peculiar thing We know not from whence love comes Wo pass years perhaps without Cupid piercing our heart with one of his arrows And it may be away along when the shades of life have come wn meet somo woman whom God seems to have ordained as a helpmeet for I us who has been traveling a different path all that while and then love comes and when love comes into tho heart of woman reason seems to fly out of the windaw Sho met this man She was charmed with this man and referred him to her parents rents Does that indicate that she is a woman of the world 1 When she said to him to see her father who had been her protector > and her father could see no harm he had been interested in this man he was a charming entertainer and he opened thedoor of his house When the father opens to the young man or to the old man or to the middle aged man the door of his castle and says You may enter here and sit with mine daughter the man that WILL BETRAY THAT TRUST is unworthy to walk upright in the image of the Almighty He went in there a a friend at his own solicitation and then he began to work upon the feelings feel-ings of this girl For what purpose I is said that he was a married mat at that time Did he seek this girl out in order that he might marry her that he might crown her with the name of wife Ho told her that he was divorced in the eyes of God and it was a mere formality that he should be > divorced in the eyes of man She trusted him as woman has trusted man from the time when Eve met Adam in the garden So he camE there He played upon her heart strings and they gave forth to him sweet music Ho played upon her heartstrings heart-strings and thov responded with tho tone of affection He played upon her heartstrings heart-strings until as she said to you upon this witness stand she gave him her very soul The testimony in this case shows that that little girl laid at the feet of that man her very soul her very life every hope that she had for the future Was that not a priceless treasure and would not the man who had the honor of manhood in his breast feel that ho would defend that treasure with his very life I care not how hardened he may have become I care not whether the word libertine has been branded upon his brow 1 may take twelve men upon whose brow has been branded that terrible word and place them in a jury box and under such circumstances as ire disclosed in this case they would say that one who entered the home of a man who had treated him as a friend and plucked from it the fairest and thesweet est flower and trampled it so ruthlessly under his feet earned tho death that tho Almighty HURLED DOWN UPOX HIM with his thunderbolts There something in the heart of man which tells me that There ho went into that household that way into that happy household and there he went day after day playing upon this girls affections as you would play upon the strings of a harp and finally when he knew that she was his own and he knew that her love noses was his he carried out his base pur 1 will not detail to you what took place that dreadful Saturday night I will not picture that to you < hero in words because the testimony is altogether too fresh in your memories to require it but I simply ask you this question whether you believe the explanation that is made by the counsel for prosecution or whether you believe the story of this little girl that is hero today to-day under such a stress of circumstances What is there to cause you to disbelieve in this girls story except your own whims or the whims of tlu prosecution And you are sworn to take this evidence as it has been given here from the witness stand Is there anything improbable in itJ My brother argues that it is improbable improb-able that this girl should faint improbable that she could lose her consciousness and reasons therefore that this girl to save her life has gone upon this witrfess stand and testified to a jury something that was not true Do you believe Do you believe be-lieve it Do you think that she would add perjury to her other troubles here God in heaven hasnt this girl sufferedlenouch that she should still bo tormented in this way and chargedwith stating something to her countrymen that was not true I There is rot a word to contradict her and the fact that she swooned away and fainted proves the virtue and honesty of this woman wo-man SHE HAD LOVED m lAnd l-And as she loved him he became to her everything that was manly and noble and when he betrayed the instincts in-stincts of an animal then that girl fell as from a helghth that is immeasurable the world seemed t sink from her feet the insult was so great that unconsciousness came in tenderness and covered her as the robins covered the babes in the woods with the loaves unconsciousness as a ministering minister-ing angel shut out from her the false lover who then was disclosed But they ssy it was then that she pledged her troth it was then she promised that within a year she would give to this man her hand Her heart ho already had Ho might have gone into the frozon regions of the north or ho might have traveled under the hot sun of the tropics and wherever he went ho would have carried with him the love of this little girl Into keeping her heart had already been given And yet they would blame her for that blame her because be-cause she was sought and being sought that she loved And when she found that this man had proved so false she felt that the world would point at her the finger of scorn Sho felt in her own Innocence and honesty that others would know that which would be a buried secret in her own breast Clad as she always had been in her purity and her virtue she had feared not to meet any one but with this secret in her heart it seemed to her as it did t tho heroine in The Scarlet Letter that though it was burned into her breast and carried there beneath her clothing every ono who went about the streets saw it and read it and was pointing at her the finger of scorn What would she do under those circumstances co crcumstances Why she felt that to retrieve herself all that she could do was to yield to this mans solicitations and to PLEDGE HER HAND TO HIM While I do not propose to unveil the scene of that dreadful Saturday night it would seem to me that oven though a man had fallen through the influence of passion pas-sion i l a young and virtuous girl layed her t a self before him a she did at that time there would somewhere in his nature arise a spark of manhood that would cause him thereafter to be true to her Ho told her he did it to make sure of her and he promised her that he would be true that ho would bo faithful that ho would keep that precious casket of her love and defend i it through all his life So she told him then that she would marry himtold him because she felt that he had obtained that which was the dearest and most precious thing to woman Is that strange I I feel at times as I think this over as if I could not discuss the argument of the prosecution prosecu-tion with patience upon this point Is it strange that that girl should grasp out at this to save her honor The man who is thrown over into the seething boiling ocean reaches out and grasps the straw he sees above his head In the hopo of saving his life and is it strange that this girl at that moment should reach out and grasp that straw in the hopes of saving her honor I And that she should take and bury the secret in her own breast as she did during hose 1 ten long months She made of that I breast a gravethat breast wherein rests the sweetest and the purest passions was to this girl a grave There was buried her hopes there was buried her love there was buried her very life And they blame her for itl 1 Oh gentlemen if I could talk and plead with you as 1 would in this case it does seem to me that you would render a verdict here without even leaving your I seats and I feel that it ought to be done What were the thoughts of that girl l He left her He was false to her Ho had carried with him all that she had What more had she What more could she givo She had told him that she loved him she had pledged her hand Dont you believe that that little girl i she had had the opportunity i she had had the home that sho would liked to have had with tho man she loved that she WOULD HAVE BEEN A QUEEN among women 1 I has seemed to me as I have watched her in this case as I have studied her as she has striven to bear up during this terrible trial as i there must indeed as there was suggested sug-gested once here in this city flow in her veins the blood of the Vikings t She is a noble woman She would have made to man a loyal wife What greater jewel is there in the household than a virtuous a loyal wife But he left her left her in her sorrow left her in her shame and she felt that others must know what she knew Ah the girl then could well have said that I Had It pleased high Heaven I yl fttd To try me with affliction had he randAl rand-Al kinds of sores and shames on my bare head Steeped me In poverty to the very lips Given to captivity me and my utmost hopes I should have found in some place of my soul A drop oJ patience but alas to make me The fed llguro of thejtlme for Scorn To point his slow and moving finger at Once after that she met himonce again she saw him here upon First South street and there she renewed her pleadings and ho renewed his pledges to her saving Loyal and faithful will I beAU be-AU that I have done to thee Was that I could draw you near to me And then the next that this girl heard was that that man had left this city I have brought you to this point and I have endeavored as well as I could to picture pic-ture to you the trust and the confidence that this girl had given to that man and in order that you may understand un-derstand this casebecause it is important and it is legitimate that I should make this argument beg of you that you will supply the imperfections of my speech with the picture of this girls life up to that time as it has been disclosed upon this witness wit-ness stand All of the witnesses tell you that her lifo was as pure as the breath of the morning All of them tell you that she had grown to womanhood without guile All of them say to you that her voice in her fathers household house-hold was as sweet as the songs of angels All the testimony shows that she was a pearl without price Up to that point she was all in all to her folks To her the world was as bright and as glorioas and as beautiful beauti-ful as it was the morning when it was created cre-ated by the Almighty and the stars sang and the great God said LET THERE BE LIGHT and there was light and tho flowers burst from the earth and the trees arrayed themselves in their glory and the angels chanted because a new world had been born Life to her was as beautiful and as pure as the fragile lily of toe valley I was as sweet as tho perfume that rises from the tender violet in spring She sought the society of her girl triends Never once did sho retire within herself She loved to converse with those whom she met She arose in tho morning with the lark retired evening at a proper hour and in all her habits was a girl who was perfect in health and supremely happy mentally That is tho girl that you have here to try There was a household that was happy as any within this city And we find it in that condition up to the very hour when this man left the city and with him carried tho happiness of that home carried the very life of that girl and scattered the seeds that ripened into this trial It becomes my duty now to turn another page in this history Up to this time it nas been a poem that we have been reading read-ing a poem as sweet and as beautiful as any that ever were written by poets whoso hands were guided by angels fingers and whose thoughts were inspired right from the great white throne We turn another page and what do we find I Despair sorrow sor-row trouble anguish jealousy wee remorse re-morse all the pain that can afflict the human intellect The sun has gone out tho clouds havo come and in the place of the royal glow of that great orb the blackness black-ness of midnight broods over this life Would not such a change affect a human intellect Would it not have some effect upon this little woman Have you men never had business troubles J Have any of you ever thought and worried over financial difficulties and felt that the entire world was a blank to you felt that everything was against you felt that I there was nothing to struggle for felt that you were Indeed ruined and that you might as well be in your crave What of that You had your home to go to and your friends to talk with You had your life before you You had your hopes to cheer you But if you havo suffered to that ex tent simply you may have some idea of the blackness that came over the life of this girl at that time What capital had she I Simply her little womanly heart that had beaten lOK XO MAX BUT HALL Simply the lovo that she as a maiden bad given to him and when he left and had bereft her of her virtue she was Indeed In-deed bankrupt and she felt that she had nothing more t look for I seemed to her as if the heavens rained blackness I seemed to her as if the father of evil had spread his black wings over their household house-hold and breathed into her nostrils trouble trouble trouble I 1 She could not work after that Would you think that sho could Sho did not have any hope after that Can you imagine how she felt I No you cannot No man can because no man has tho feelings of woman No man can approximate tho misery that was cast there into her life But she buried it She faced the world She did not murmur She never betrayed him She kept the faith She is a royal I woman Day after day when she would sit by heaself trouble sat by her side Night after night when she sought her maidens couch trouble fanned her to sleep and when sleep came the angels of trouble came also and they breathed into her cars more trouble so that when tho morning broke although tho sunlight came Into the window it looked to her like blackness Is it strange that sho no longer desired to meet her girl friends I it strange that sac felt as i the world had gone and that she alone was loft Oh i you could from themornlng until the evening even-ing from the evening until the morning again feel the trouble that went into that little girls heart the sorrow unspeakable that she suffered you would feel strongmen strong-men though vou are that reason was SWE1T COMPLETELY FROM ITS THRONE Now count tho moments that sac suffered Hours grew into days and days grow into week and weeks grew into months and yet trouble stood by her side yet the angel of trouble breathed Into her ears Her constant companion was Sorrow As a resut of this the whole physical nature of the woman broke down You have heard the testimony of the physicians physi-cians You have heard how with regard to her womanly functions she suffered as she never had suffered before What caused that Mental distress and mental j trouble You men who are fortunate enough to be blessed with wives know that there is nothing which so quickly affects a womans intellect as a disturbance of the womanly functions What caused his great disturbance It was the intense mental suffering that this girl was enduring endur-ing Flowing from that disturbance was the reaction that caused the continuous pain in her head from which she had never suffered before the feeling of giddiness and those spells of fainting which never before that time had in anyway any-way afflicted her Now mark you gentlemen gentle-men We started with a girl so joyous free and happy that she was like the bird that soars in the blue ether and within a week she was a poor morose blue melancholy melan-choly broken physical wreck Must there not have been some mental cataclysm to produce that Was there not in that mind an earthquake that split apart and reft those slender threadsjthat working together make the human intellect so complete Did you ever stop for a moment to consider con-sider what wonderful piece or mechanism the human intellect is Complete in all its parts it works as certain and as sure as the intricate wheels of the watch and from it How deeds that cause the admiration admira-tion uf the angels before it mountains melt away before it vast armies are conquered con-quered with it working perfect and complete com-plete the lightning is taken from the clouds and brought down here and chained and made the servant of man When work log perfect and complete it harnesses the steam to the vast trains of cars or sends the wondrous steamships sheeting across the ocean But like sweet bells gang aft agios whenever there is broken a single cog then the disturbance commences then he man is not right then the trouble begins be-gins then the intellect which is all powerful power-ful becomes a wreck Previously under human control it carries all before it tive that CARRIES DESTRUCTION IN ITS PATH Now it is like an uncontrollable locomo And do you think this this girls mind could stand the strain that the mind of a great strong man could not endure You men who have felt simply in your business troubles as you must have felt heretofore that you could not endure longer the distress dis-tress that was put upon you how do you think that this girl could withstand that terrible trouble that she had Had she not been wronged enough What more would you ask j The man who breaks open your kitchen reindow at night and comes in and steals a penny from your table the law says you may shoot down because ho is taking your property The man whom you find in adulterous intercourse with one whom you love the law says you may shoot down But it is claimed that a girl who has given her all who has given her love who morally has felt that she has been killed who mentally has been ruined shall keep her hand off from her betrayer for the reason the prosecution says that it would depopulate our cities and it is so necessary that we should keep in our midst that kind of men I I have no patience with it I have no patience with that kind of theory at all I feel a good deal as the old gentleman in Dickens did who was a little small man didnt weigh over a hundred pounds and whose wife weighed two hundred and seventyfive or three hundred and a quarter she committed some atrocious deed and they had him arrested for It and like a good man that he was wise man that he ivasho went and employed him a lawyer He stated the case and the lawyer told him with much circumlocution because be-cause he wanted to make as big a fee as ho could that under the English common law the wife was presumed to be under the coercion of the husband and that whatever the wife did the husband was presumed to do The little man with the thoughts of that great big wife before him who had many times drubbed drub-bed him with a broomstick looked up at the lawyer and says If the law presumes pre-sumes that the law is a idiot And so when the law says that a man may be killed who would attempt to take a penny of your property and said that a little girl whose mind is completely dis stracted and torn and rent apart must keep her hands off of the man who has just taken ALL THAT SHE HAS IN THIS WORLD I say the law is a idiot This is not the law The law simply says that If this girl was not carried away by an overpowering irresistable overwhelming over-whelming impulse was not swept off her feet through some mental disease or trouble then she responsible but if there is any doubt about that she is not responsible That is what the law says It does not say as my brother Critchlow would have you believe that this is a case where if you were to render a verdict of not guilty it would encourage murder on the part of young girls who have baen betrayed by men old enough to know better almost old enough to be their fathers men who have had experience in the world With all duo respect to my brother I must say that I wondered this morulng what kind of men ho had been associating with lately if ho has gained such an opinion as he expressed ex-pressed to you about the virtue of mankind in this community That girl for ten months suffered under this great stress of feeling endured it as best she could went to her work when she could and without detailing to you minutely mi-nutely the testimony concerning her physical condition at thattime I simply beg to recall your attention to it There are some things that I do not care to discuss dis-cuss to you any more than I am compelled to in order to present the case of this defendant de-fendant and I suggest that the mere hint that I give you is sufficient to draw your minds to the point which I d2sire to make One of tho evidences of insanity is that there is a complete change ia the persons life The cheerful man becomes morose and melancholy The man who has enjoyed en-joyed society seems to desire to shun it The family of the man wonders what ails him They observe that he seems to be worried and they think possibly it is some business trouble Ho is blue ho does not want to talk with the folks at homo he meets people on the street and evinces no desire to speak to them he draws himself within his shell and becomes melancholy and from that there has been coined by the physicians the name of one typo of insanity insan-ity which is called melancholia It arises more frequently in women than it does in men and it affects women during the period pe-riod from forty to fiftyfive years of ago more frequently than at any other It grows out of a blue depressed melancholy frame of mind The whole type if expressed in the ono word melancholia If this girl did not suffer from that what was it that ailed her The doctors said that they recognized tho symptoms of melancholia melan-cholia in the case They all agreed upon that Dr Standart Dr Hamilton and Dr Foster JThoy all agree that that girl during those ten months was SUFFERING FROM MELANCHOLIA Dr Hamilton and Dr Standart tell you that at any time during those ten months that she was liable to do just exactly what she did do finally Why I Because reason had been dethroned Because the power to control herself had been taken from her And who did this A man goes out and down hero on the street walks into a saloon sa-loon makes himself drunk does it deliberately de-liberately and then walks out Into the street and kills somebody and the law says he is responsible Why Because he deliberately made himself drunk and put himself into the position deliberately that caused the fatal deed But another man takes him drags him Into a saloon pours liquor down his throat and makes him drunk and in the drunken frenzy he kills the man who committed that act The law says ho is not guilty Why Because ho did not place himself in the condition that caused tho fatal act And so I direct attention atten-tion as to who it was that made this girl drunk Who was it that put her into the situation that finally ended in tills tragedy I directed your attention to what constitutes consti-tutes the crime of murder but perhaps the old common law definition as laid down by Lord Coke is more comprehensive and I want to call your attention to that definition defini-tion He says that murder is when a person per-son of sound memory or discretion unlawfully unlaw-fully killoth any reasonable creature in being and under the kings peacewith malice mal-ice aforethought either express or implied im-plied First then you find that It must bo a person of sound memory and discretion discre-tion which means a person of sound mind It means one who is capable of controlling his actions one who is not swayed by any terrific mental distress or trouble And again It must be someone who Is under the peace of the king or who in this country would be in the peace of the people In other words it must be ono who is not waging war upon the king or war upon the commonwealth HEX GO TO BATTLE against the commonwealth they array themselves in numbers it may be twenty or it may be as many thousands thou-sands and they open war and they kill and it is not murder What arc they seeking seek-ing to do at the time They are seeking when they go to war to overturn some principle of society to change some law to depose some king or to overthrow some government They open war upon the commonwealth and upon society as it is then established I put to you the question as to whether Hall when he went there and deliberately laid siege to the fortress this girls heart did not open war against society whether he was at psace with the people of this commonwealth From time immemorial the virtue of woman has been held sacred From time immemorial mankind has worshipped wor-shipped the woman who has kept herself to herself Virtue is the foundation of the state it is the corner stone of the home Upon it we rear our hearthstones and around it we all of us gather to worship And so 1 put to you the proposition whether the seducer does not cease to bo in the peace of the community Does ho not make war upon the great fundamental principles of the state and of society In other words was Hall in the peace of the commonwealth at the time that he was shot Was ho not warring acainstsociety and had he not been warring against that which is the most precious treasure of the entire commonwealth Men have laid down their lives before this for something that was far less valuable than a womans virtue Men have followed defeated banners ban-ners to death for something that was far less valuable than a womans virtue This man I say was a social outcast a social outlaw who was at war against society at the time when the hand of AMAXDA OLSEN HELD THAT PISTOL Then again there must bo malice either express or implied Malice Is implied from the act itself but there can be no malice when there is not a perfect understanding when there is not sound memory and discretion dis-cretion In other words if the party who is charged with the killing has not sufficient suffi-cient control over his own faculties to be aware that at the very time that the killing is done that he Is doing that which is unlawful un-lawful and morally wrong and that which is not right then he has not sufficient understanding un-derstanding to hold him responsible and the law does not presume malice in such a case as that Before we proceed any further I draw your attention to something which the court will charge you upon and which you have heard repeated to you both in argument argu-ment and in the charge of the court time and time again and that is that every person man or woman placed upon trial in a court of justice is presumed to be innocent in-nocent until proven guilty And before that presumption can be overcome they must be proven guilty beyond r reasonable doubt There is a reason for this rule as there is for all the wise rules of the common law that are a part of the very life of our people It grew from the fact that the prisoner at the bar is always al-ways looked upon with suspicion that the people have at their command all the money and the influence of the commonwealth common-wealth You know that far too often a man charged with crime is immediately denounced de-nounced in advance of his trial as guilty The public press the public itself seem to assume that such a charge would not be mode unless there was some foundation for it And so the law the law that would always be wise and fair says that every person is presumed to be innocent and shall not be declared guilty so long as there rests in the mind of any one juror of the twelve a reasonable doubt about it That is the law as old as the English speaking race coming from that time whence the memory of man runneth not to the contrary con-trary It is the common law in force wherever wher-ever is spoken our lanmiasre It ia a PaCt nf the very life of our people It is one of the things that we have always clung to in connection with the right of trial by jury of twelve men tho right to be confronted by witnesses the right to hear read the charges the right to be present when tried and wnen tried the right to be tried before be-fore a jury that presumes you to be innocent in-nocent when the trial starts and that says We will not convict you until all reasonable reason-able doubt is driven out of our minds by the prosecution for it is far better that ninetynine guilty men should escape than that one innocent man should bo immured im-mured for a single moment IN THE PEN1TENTIART What a terrible thine it must be upon the minds of jurors who render a verdict about which they have any doubt when they see the doors of the prison swing open and when they sea enter therein the man charged with crime about whose guilt they have some question I It is said that uneasy lies the head that wears a crown Uneasy upon the pillow must rest a head that would thrust any man or woman into the penitentiary unless their conviction was as clear as sunlight that the man or woman was guilty I direct attention to this in order that you may see what the prosecution must overcome in this case and because I am approaching that point in the course of my argument whore it becomes be-comes proper for you to consider what is to be proven before you can find this cirl guilty I havo pictured her to you as she was before the serpent entered that household Why is It that when we are the happiest trouble seems to be the nearest Why was it that away back when the curtains were first rolled upward and man first enjoyed en-Joyed all the beauties of Eden that the serpent was allowed to coil his slimy folds therein Why is it that in our own lives when we feel that we have all that wo could ask for trouble In the form of the serpent must como We have reached the point where into this household the serpent ser-pent came and it had coiled himself by that hearthstone and was gnawing at this girls heart and it was ruining her life Her mind was failing physically she was failing every way she was changing It went on that way for ten months Her father DID SOT KNOW WHAT AILED HER her mother did not know what ailed her Tney did what they could for her The old gentleman said to yon and my brother criticises it because ho dont seem satisfied with anything abcrit this case somehow or other this case dont please him at all in answer to the question why they didnt send for a doctor said that tho girl had reached the age of twentyone and he felt that if she wanted a doctor she might send for him herself She did not lay her heart before him She kept it to herself There was nothing strange in that He did not know what ailed her Ho simply knew that this man had gone away and ho felt that that was the sole cause of it and so as he said he used every endeavor to cheer her up and said to her Perhaps he has gone away to get a divorce although al-though he says he didnt believe it himself It was reported to the girl when she sent an inquiry down town that the man had gone to Montana That is undisputed I direct attention to this because it shows the baseness of the deception which Hall PLATED UPON THAT GIRL You know that in the last interview that I have spoken of between this man and this woman he wronged her as only man can wrong woman and then he disappeared She made inquiries and was informed that he had gone to Montana Ah After that interview that fatal interview that terrible terri-ble interview when he did toward that girl that which was so brutal that the Eng lish language cannot express ithe did not depart for Montana but he called to him his friends as I proved to you yesterday and said to them If anybody asks you where I have gone tell them that you dont know Why did ho want to keep it a secret Mrs Hart tel s you that he had gone east She knew where he had gone He lived at her house She know where to find him but the word teat he left with his associates in business and those for whom ho worked was to tell people peo-ple that they did not know where ho had gone and they sent word up to this girl in order to mislead her that ho had cone to Montana Why did ho want to begin play lag lalse with that girl It was because ho proposed to bo away from this city for ten months In the course of nature he bad a reason for It He knew what he did and man of the world though ha was hardened though ho was his conscience pricked him a little when he thought of the murder that ho had committed of the feelings of this girl The first tragedy in this case was when that man slaughtered the life of this girl There are some things that do not require the knife or the bullet There are sonic tragedies committed that do not require the bludgeon They are accomplished by treachery which stabs deeper with a shaft that Is far more poisonous than any that was ever hurled by the savage of the forest He had murdered her life Ho had ruined her hope He knew it and he still had some conscience and ho flew from it asa as-a man would fly from an avenging angel t believe It haunted his dreams at night and ho proposed to be away from this town for ten months until he was certain as to the consequences of his act And so ho sought to deceive her and they sent word that ho had gone to Montana while all the time ho was at the east nndshortly after Mrs Hart left for the cast also She know where ho was She know when he returned She says they came back about the same time They came back here and this girl had grown no better She was of that nature that she could not PUT THAT MAXS PICTURE out of her heart She was of that nature that instead of her love growing less it increased My brother gave to this girl an exceedingly able crossexamination I will say this for the people of this territory that it has never been my experience at the bar to find a casa that was prosecuted with more vigor or with more ability The people cannot complain whatever your verdict may be for the prosecuting om cers have certainly done their full duty I could not help as a member of the bar but admire the ingenious and able crossexam ination of my brother of this girl 1 say I could not help it because as a lawyer I admire a good piece of legal work and I say to you as a lawyer that It stands forth in the history of this bar as a superb piece of crossexamination She grow as she said in her crossexamination to love him more and more He had been to her the very rising and the setting of the sun and he grow to her to bo the very world Nay more he grow to her to bo all that Is in the earth and above the earth yea in heaven itself Wo have here a young girl completely wrapped up in a man to an extent that her whole mind her whole heart her virtue Is given to him She has kept her secret She has kept the faith She has suffered intense distress She sits there today in your presence sustained by that mother who gave her birth but she does not need today an arm to sustain her ns she did during those ten long months that to her were a living death Ah 1 who can paint the height the depth the breadth of a womans love Who can paint the sorrow that this girl suffered at that time It would seem to me that any man whoso heart was not made of stone as he clancas at that poor little girl who though she Is surrounded today by those who love her is yet alone in this world whpuld melt Aye it does seem to me that this is a story of such distress dis-tress that its mere recital must harrow the heart of every hearer That being so how must this girl have been torjuredr How her intellect her mind her very soul must have been torn I How her little heart must have throbbed and each throb MUST HAVE BEEN A BEAT OF TA1X1 Stop and think if you will for a moment of those you love think for a moment how von would feel if they were torn from you as a plant is torn from the soil Stop and think of that for a moment and then see if you can imagine how you would feel if you found that your all had gone Add to that feeling the sorrow the distress the jeaLousy jeal-ousy the anguish tho melancholy the utter ut-ter hopelessness with which this girls lifo was overwhelmed I confess that I cannot paint to you the misery that she suffered It was so great that when she heard that t e had come back here into this town there came into that little soul into that little heart such shafts of pain that she was fllli d with feelings of giddiness and was unable to pursue her work and the next morning as she stood dressing herself with the pain still in her heart looking across the way she saw him saw the man she loved saw the man that she would lay her life down for saw the man that had brought to her so much of pain of sorrow of suffering God above Is it any wonder that at that moment that little girl was completely overwhelmed with trouble and distress and that she fainted there and then Do you think she could eat after that Do you wonder that as she went down that morning and told her mother how she was that food to her was tasteless Aye there was the man she love there was the man for whom she would have died there was the man for whom she had given up everything every-thing Into her life ONCE MORE HE HAD COME My brother says that jealousy had something some-thing to do with it and I believe bun Ono of the greatest judges that ever lived said that a jealousy is the most powerful frenzy of the human heart In the human breast there are seated all the emotions that God has given to man Jealousy jealousy given to him that he shall guard his household house-hold guard his own life and that which is his own guard his hearthstone and his wife and his little ones from those who would betray them Jealousy is placed in the breast of a girl that she shall guard her love Love is pieced there love the twin sister of jealousy because they go hand in hand and with it anger with it remorse with it fear with it all the human emotions emo-tions It is a fearful tenantry that inhabits in-habits the human breast and when they are aroused in conflict and war together as they must have warred in the breast of that poor girl that morning it is sufficient to sweep from the feet the strongest man that ever walked the earth Do you wonder that the girl was distressed dis-tressed at such a time as that She fainted Her physical nature was not sufficient to bear up and she went to her mother went to her mother as she did when she learned fromsher mothers lips the first words that she ever uttered went to that person who to man and woman is the dearest the holiest holi-est the noblest of all of Gods creations An All of us have had mothers and all of us know that for us those mothers would do more than all the world beside For the mothers love surpasses all understanding understand-ing To save her baby she will hurl herself her-self into the flood or into the terrible fire To save her baby she will SACRIFICE HER OWN LIFE without a thought concerning herself Love is divine Love comes of God love is God Love though love may ba given In vain is yet lovely There is the love of the sister sweet and pure and holy without thought of passion pas-sion or self that need serve to follow the worthless brother wherever he may go There Is the love of the sweetheart and the wife that enables woman to twine about and to make beautiful the most wretched human being that walks and wears the habiliments ha-biliments of mankind This little girl went to her mother and sought upon her mothers breast the consolation con-solation that tho mother never refuses her child And that mother knowing the love of this daughter knowing how her own heart went out toward her own husband felt that if the girl could talk but for a moment mo-ment with the man who had been so false it would heal the wound somewhat make it less painful for her enable her to go about her work possibly save her life There must have come into that mothers heart at that time there surely came into her heart the thought that something would have to bo done to save that girl Wouldnt you have thought it If your girl loved a man as this girl loved that man so that thevery sight of him drove the blood back into the heart and caused her to swoon away Wouldnt you have felt that there was dancer tbat that girl would lay down her own life unless there was something done Did you ever hear did you ever read of a story more pathetic of a tale so filled with wretchedness as is this story of this girls life Down town they came that day They came not upon an errand of wickedness wicked-ness or of trouble They simply came down to seek F ank Hall That little girl simply earns to lay down at his feet once more her heart that ho might if ho chose picIMt up and make her lifo beautiful They may say that that was unwomanly but the mart that says in does not know the heart otwoman They may criticise such conduct if they choose but the man that does so if he does it honestly docs not know what it i is to love They came down town They searched him out They sent for him where his place of business had formerly been They suspected they knew where to find him and they called in that little boy and sent him with a note askius Hall wham ha ould be found Immediately my brother I says he sent word that I nn WOTLl MEET THEM at the head of Commercial street He te I vas indeed magnanimous He would meet this little girl at the head of Commercial street Didnt he kaovr whereshe lived I Was it far from Mrs Harts houso over the way t where she led Could he not have called and told her that ho had comeback I come-back home Could he not have expressed to her one single word of sympathy t Could herot have done something alleviate her c huflering I was generous upon his part i we look at it from the standpoint of the prosecution that immediately he sent word he would meet her at the head of Commercial Commer-cial street You know what that man possessed at that time You know that he had that girls love You know that he had bereft I tier of her virtue You know that ho had been false t her You know that ho had betrayed her You know that be had been a traitor You know that for ten months hu never had sent her a word and it was to very kind of him that he condescended to mel t her at the head of Commercial street So he meets her there He does not want t have the mother present for some reason rea-son or other and says t her that if she will wait for twontv minutes that ho has a bountiful place that he will take the girl toe to-e never had been into that restaurant 1 I mist that all of ypu bae My brother has pictured to you that beautiful parlor into which tho spider urged the fly to enter Heat He-at lis you of those lovely windows that I loosed on the street of that magnificent plate glass frosted all over so that no one CvUJd look in Hs says that that room that I jury were in was as much a twelve feet wide Well it was eight or twelve the size of it does not amount much He lictures it to you as a beautiful home I Sal to you that I believe that i any man I were to take a daughter or the wife or any rcar relative of any of you or any member I of the prosecutors family down into that place where that girl was taken and as she I was taken that they would not hesitate UDtil they had linOKEX TEE MAX8 lEAD He took her in there not for tho purpose of dining or anything of that kind she does not attract attention it is true goin in This girl was not advertising her shame to the world She was not about With bright colors in her bonnet and the atest fashion upon her back advertising her shame up and down the street She was seeking Hall simply to see whether he would not treat with her et That is what I she was there for She was thereupon the most desperate errand of her whole life I That is what she went there for She did not desire t attract attention and she did I DOt She is a womanly little woman She went there a quietly as she could I That interview must have been a terrible interview because it was an interview vviien a woman went and placed herself at toe feet of the man whom she loved and when a woman does that she is inspired by a feeling of desperation that would cause her Just as quickly to cast herself into a stream and let it cover her over forever When she reaches that point she is so desperate des-perate and loves so deeply that she will piead and beg and forget he womlnly prde she hao reached the point of desperation desper-ation and reason does not control her We have to try women a little differently than wo do men because men in the ordinary possession of their acuities have the ablity to control themselves it is for that reason that I say that any and every man who has the possession of his faculties who finds that young girl who has always been virtuous and who has never been betrayed be-trayed who is not a street walker who is of a good family has placed herself completely com-pletely in his power there is nothing too bad that can be done to that man if he betrays be-trays her I think mankind generally will jnsufy that assertion He pot her into the room and after the interview that ho had had with her where hhq plead with him ho laughed at her Think of that Theymay seek to dis crt this by saying that we have no witnesses wit-nesses except this girl that such was tho fact You know youselves that something desperate and terrible must have occnred or this girl never would have done what she finally did As I directed attention at laa outset of this cast it is seldom that woman is placed upon trial for murder There must have happened t this girl as terrible a thing as could happen to woman to induce her t do it So 1 say that there is strong corroboration of the story of this girl as to what took place there At any rate there is nothing to dispute or to contradict con-tradict it And can you say that you have an abiding faith beyond a reason1 I doubt that thero did not occur just v ha Bhe states Why they say that she di no rush wildly from there I told you ai th outset that when that girl finally bioe away from that man after HE HAD INSULTED mm right there at that time she said to h that he had taken her in there and he ought t be man enough to see that she got out of there Her whole effort was t get out without people observing her because she was not advertising her shame And to he escorted her to the door and he stops at the cigar stand and cooly takes his cigar There is the man who a moment before bad had the heart of a woman at his feet There was the msn of the world who had sought t insult that woman when she prostrated herself t him and he can oooly step to the cigar stand and light his cigar Out of that door with her mind filled with the most terrible emotions went that little girl into the arms of her mother Shed She-d J not stop to light cigars nor t ask questions tions of this man or that man because then from that moment her life was a complete blank and a complete wreck She went out of there He remained there nothing upon his mind nothing worrying him His previous record is not before you His record in this case is before you You can form your own judgment as to what his life had been from what has been disclosed dis-closed here Just think of what the prosecuting prose-cuting attorney said to you It is that owing to the familiarities that existed between be-tween Hall and the girl he may have sought to have caressed her possibly not in the most gentle and virtuous manner I but nevertheless it was meant as a caress 1 put that statement with the statement which he made that tat IF ALL SUCH alex TORE KILLED car cities would be depopulated Lot it go with that 1 dont cad it a caress I call it an assault a deadly insnlt I call it adding insult to inJury in-Jury injury which was the deepest and the greatest that man could give to woman and I say that the womans heart that would not then bo tired the womans intellect in-tellect that would not then bfe overthrown would indroi have t be a heart of stone and an intellect of wire and steel Site went to her home with her mother brokenhearted and hopeless When she got there she cried a i her heart would break God pitied her then and he per Eutted fi om her eyes to flow the tears tho tears that heaL There she cried and bowel her head and felt that there were raining upon her such troubles that wer she not endure and when cud the fonts were empty she never cried again until after her terrible deed Her eyes became like coals of fre and the waters from them ceased t flow Mindyou she bad not eaten that morning She had not eaten that noon i She could not eat that night And when her father came home and walked into that household that once had been so hanpy but test now was a veritable tomb of horrors I bC > found his girl lying there upon a bod wi her eyes starter wide open at bo cci ne with her pulsoscarcely perceptible ir a simitrance with her faculties in that far away world in that land from whence no traveler ever returns She recovered but she was not herself tjct uUht Was she the lighthearted carTful girl that we knew up to the time that that man hud left her Not at all I Was she the light of that household ICot at a L She was a cloud over that household house-hold she fled it with gloom she filled it wtu darkness she filled it with borrow end the poor old father and mother that night tortured beyond description their b irt string wrung because their child was fe lng so decided that the mother should Ecop with her Who can tell what feelings must have come over THAT poop OLD rTn Rand R-and mother that nl ht These people that han been so critized because they did not dO just exactly as a person would do i he knew everything concerning the past and lla that t guide him as to the future The mother staid in the girls room that night but this poor little girl never went to bed lt n Sho undressed herself but she sat A there in her night clothes with a shawl i wrapped about her rocking back and forth 11 I all night long Stop and thiuk of the dreadfulwatches of that night and think whether the sorrow that was upon her to such an extent was not of itself sufficient t overthrow that girls intellect l night long she rocked back and forth and all night lone she moaned and groaned as this terrible pain pierced her heart and shot its burning shafts through her intellect That pain that she had suffered during the last ten months came upon her more overwhelmingly and in her head it throbbed and beat and throbbed and beat until she did not know what she was about The morning broke but with tha morning there came no surcease sur-cease of sorrow to this child She could not eat Nay more than that three times tan tmes during that day she swooned and fainted completely away This is proven This is corroborated This is not the story of this girl alone that they would have you disbelieve and I think that you would believe be-lieve this little girl before you would believe be-lieve a whole room full of Hartsfalse Harts She fainted three times during the day No dinner did she eat No supper passed her lips Mind you now there is a girl that had gone from Friday night until Sunday ni ht fortyeight hours without food I would affect strong men somewhat some-what Hero is a girl who had gone one whole night at least without sleep That I would affect strong men Sunday night came on and all that night Ion except that i once in a while she would creep into her bed hoping and praying that sleep would come and drive this trouble from her she sat there rocking back and forth as she had the night before in that rockins chair with a shawl wrapped about her moaning and groaning and suffering the torments of the damned suffering the torments that are pictured to those who it is said will finally be thrust down into THE nccrnsT DAMNATION Monday came but Monday morning with its rays of light brought no joy to the heart of this poor girl She ate no break fust sho ate no dinner I is looked upon as strange by the prosecution that these people should talk of ending this girl t California They found on Sunday that if she remained herein here-in such distress that they were likely to lose their daughter They felt that they must get her away from here They knew that before that man came here she was able to go about her household duties to some extent but that after ho came back she appeared like a mad woman so they decided de-cided that they would send her to Calistoga Springs in California This is looked upon a suspicious Everything is looked upon as suspicious by the prosecution I was talked over by the father and the mother on that Sunday and on Monday morning the girl was informed oft and her mother said they would go down town and look at a trunk They already had one at home I but they thought however they would examine I ex-amine another The girl was t buy it for I herself She concluded that she could ise I that trunk that she had at home She took out her little things and folded them and laid them upon the chairs and tables ready to place in the trunk to leave the city Not another thing my brother says did they do No because before the time came for her to leave the city this terrible trasjody had happened Tney say that I have searched this town up and down to procure evidence in this case and so I have It isa compliment that I thank ray brother for I have fell that i I ever did anything well in my life I wanted to do it well for this poor little girl the facts in her case are such that they bring t my heart the deepest sympathy sym-pathy They have brought to my eyes before be-fore this tears that I was not ashamed of I have seen her suffer as the piosucution has not seen hersuffer and as you have not seen her suffer I And so as I said gentlemen of the jury j they came down town here and examined I that trunk 1 do not believe that up to that tie this girl had in her heart a single I tuought of murder I propose to give you I uiy theory about this case which 1 believe is borne out thoroughly and completely by J all the testimony in this case I do not I think from the testimony that up to that I point she had single thougnt of killing this man I do believe from the testimony In this i case and I say I think the testimony in the case discloses that up to that time she I had thoughts of killing herself She felt that she must leave this earth that she could not live under the pain and sufferng Ii They looked at that trunk the mother started for Dinwoodeys store ned the girl made an excuse to go to Mr Ausrbachs to get some gloves Before she reached Auer oachs store the thought entered her need to purchase that pistol Mind you this girl after seeing that man on that morn 1 lug was utterly irresponsible for anything 1 that she did That the thoughts that came into her bead at that time int tme were not the thoughts that were born of sound reason and judgment of sound memory and understanding under-standing Nay more than that I believe as Dr Hamilton said that if the girl hud met that man any time during those terrible terri-ble ten months she would havo been justas liable to have committed the act that she finally committed on the 29th of Sept last she was suffering the doctors say from melancholia The peopie did not see fit although al-though they have prosecuted this case with extreme vigor with a vigor that it seemed to me at times to excel almost any prosecution prosecu-tion I have ever seen in this court room they did not see fit to produce any physician physi-cian here t combat the testimony that was given by the three physicians that we swore in this case I that girl had not been suffering from melancholia had not been irresponsible they could have produced pro-duced them here As she approached Auerbachs store that afternoon the thought entered her head togo to-go and purchase a pistol The girls recollection recol-lection about those tumultuous moment is very Indefinite and we do not kuoiv whether she at that moment purchased that pistol with which to rILL nEnSELF OH TO KILt IIALI At that moment there must have come int her heart the thought of murdering herself the thought killing Hall one I of the two The thought was born of a distressed and irresponsible mind She goes to the store and sho is perfectly cool and selfpossessed when sheet she-et there I beg you to mark that fact because you must know from your own experience ex-perience that when your minds have been swayed by a tumult i you decide upon a line of policy no matter if it is done simply by the weight of a hair your mind becomes easyiand contented as you pursue that line of policy So it is with the insane The moment that they decide upon anything any-thing that is definite that they are to carryout carry-out they will carry it out with as much shrewdness with a much acumen with us much intellect as any sane person My brQther has combatted that theory but the doctors tell you that insane people can plan and execute with all the ability tho sane I one breath Mr Critchlo told you that i was possible for thereto beany insanity with a homicidal impulse resulting in a homicide unless there had been disclosed previous to that time symptoms of it and in the next ho told you that Guiteau in his opinion was crazy He told you that nobody no-body ever knew of the melancholiacs plan nine deliberately and in the next breath ho I ihsists that Guiteau was insane Did anybody any-body ever plan or premeditate or deliberate any more tnan Guiteau did in the I v KILLING OF GARFIELD He wrote his letter t the public He knew about when ho would meet Mr Garfield there in that depot He watched his opportunity and shot him in the back i He had been seeking him for days before Ho laid his plan wit all the ability of a sane person and yet my brother says that ho was insane He would make one rule for Guiteauwho shot at the heart of the nation na-tion and he would lay down another law for this little girl who rid society of a man who cumbering the earth with his presence pres-ence 1 say that she then formed an intention t go and purchase that gun and see went there Sho was cool she was selfpos sessed because she had then determine upon a line of action whatever it was Sho went home and she wrote this letter Mj brother says she had no literary ability and yet he says she displays some ability when she writes this letter This letter was written there that afternoon What wrote that letters Was it a collected thoughtful brain Was the pencil guided by fingers that did not tremble Did it I flow from a hard and flinty heart Aye no This letter was written with words that wore formed from the drops of a maidens heart This letter was no written writ-ten with any thought of literary ability Tin letter is tho product of c mind diseased dis-eased of an intellect perverted of an understanding un-derstanding that HAS 11EEX DETUUONED and the can not mae anything else of It I do not care how many threats one may make they do not prove that the person is sane They do not prove that the person is responsible Here is tho letter GnsrrxMia Amanda Olsen writs this to relieve me of a public explanation which I know I will to called upon to do and will not have the nerve It is hereby understood that I have shot Frank Hall my betrayer dor this reason Tivo years ago last June 1 was Introduced Intro-duced to him by Mrs Hart a lady neighbor whom I had known since I was a mere child After tho Introduction I was Invited out buggy ridlDR with her and the said Mr Hall was the driver I did not know that they had plotted any harm against me I trusted her as a friend and him as a gentleman and she can not say that hurled with or gave him any cause to increase in-crease his thoughts to mo or did dream of anything friendship But nevertheless she became jealous and told me not to come over any more for she was afraid that Mr Hall might fall in love with mc and from that day to this have never been near her door But that made no difference he met me coming from my work begged me to let him have a conversation with me and I refused time and time again but he gave me no peat e I asked the advies of my parents and they said there was no harm in speaking to him and it was the old story I refused him He then asked my parents rf he could visit at our house and they thought that he was an honest man and said he could Ho came to see me a few times and acted the fpn tlcaan in every way But ho soon carried I out evil purposes to me and blighted my le With his smooth tongue ho gained my promise to keep quiet and would marry ine but he was afraid hat I would not and ho left the city and had been away for ten months Saturday I see ked an explanation from him but he was so hard and cruel to me and only laughed when I spoke to him and thouch it wts in a public place we were conversing con-versing he even there dared to assault me so that I had to push him over the chairs to getaway get-away from hm and ho told me then that he never had any intention to marry me Then I swore my vengeance That Is all AMAXDA OLSON i That letter was written by this girl under the most terrific distress that it is possible I for a woman to suffer Can you say that you have a deep and abiding consciousness conscious-ness and that you have no reasonable I doubt as to the condition of tho mind of that girl when she wroto it Ah Gentlemen I Gentle-men when woman who gives to mankind i life thinks oi taking life she has reached I the point of extreme desperation particularly par-ticularly under the circumstances as detailed I de-tailed in this case I She wrote that letter She bad no thought of meeting Hall that afternoon There is not a word to indicate that she had She had Nor LAID ASV PLANS TO MEET HIM She did not know that he was working down town then On the contrary he had not yet begun work Fie was to go that nght but she did not know it After she wrote that letter she sat there in her chamber with the revolver and she began snapping Finally it broke She slipped away from home and came down town She went to the gun store and had it mended She started on her way home Had she been suspecting at that time that she would meet that man she would have had that gun in her hand but the gun was in her pocket She had no thought of meeting I meet-ing him She was simply wrapped up in ho thoughts her own misery Up the hill she walked and as she walked up that hill she saw that man with the woman who had introduced her to him coming down the street confidential and loving oa their way to Brigbam street dis cussing as Mrs Hart says a smatter s-matter They were so intent upon their discussion that Mrs Hart did not see Jenny Bennett as she passed by her up the iiil They came down the sidewalk The hedge is five 0 six feet high there and it encloses the lot faciug from C street and upon First street on the northwest corner As she passed up the hill and saw Halt and Mrs Hart coming she felt that she cOld not endure to meet them so she turned back with the thought that she would go around the block and to her home and thus avoid a meeting that to her was fraught with so much pain She walked down to the tree on the corner and she stopped there Way she did she can not tell She had no reason for stopping Sae does not know what impelled her She tells you tlat story upon her oath I submit that she has NO KEASOV TO DEC2IVC TOL with regard to this testimony because her case would be just as strong if she were to tell you and the prosecution this morning suggested that it would have been stronger that site knew why she stopped there and that she stopped there for the purpose of killing Hal But s ic tlls you her story and I believe it as I believe that J am standing before you now I believe that thero is so little in this life t her that she does not care what becmes of her They walked down there and she intended to pass around the block but she stopped there by tho tree between the tree and this hedge The tree is a little inside from the line of the walk as it comes down from C street passing south and from the tree to the north hedge that runs along the lot on First street it is eight feet indicating on map From the tree east to the edge of the wait on C street it is ten feet and from the tree to the traveled part of this walk on C street it is seven feet There are about three feet of it that sire not traveled it being traveled according to the testimony nearer to the hrdge lOan it i is to the edge of the walk Now from a i line at the center of tho tree to a point where a person passing along south and walking the inside of the walk would naturally pass it is four feet So as THAT GIPL STOOD TUEPn inside of that tree Mrs Hart who was upon the inside of the walk passed within four feet of her I direst attenton to this as I also direct attention to these other measurements and you will see the importance im-portance of it as I proceed The girl then was so near standing a she xvs5 right by that tree that with a little effort she could have reached out and touched a person passing south along the inside in-side of that walt She is in that position and Jenny Bennett passes on her way home Tho girl must have gone up the street and returned about as she testified because Jenny Bennett when sao piss d along up the walk saw her standing on the north side of that tree Jenny Bennett had known her for yiars They bad always spoken when they met and yet Miss Bennett Ben-nett spoke to her that night and the girl simply looked at her with a wide open vacant stare and sho testified herself that she did not know whether Miss Bennett spok or not that she had no recollection You remember that gentlemen Miss Bennett Ben-nett passes on and about fifteen feet from the corner of the hedge she meets Hal and Mrs Hart Mrs Hart has no recollection of meeting Miss Bennett at that time I call attention to this for the purpose of showing low engrossed tho mind of Mrs Hart must have been at that time and for the purpose of calling attention to the fact that it would bo impossible for her undo such circumstances to remember and cor rcctly detail that which took place Miss Bennett walked a little farther up the street and passed along twentylive Ot thirty feat or more when she heard the shot fired she looked around and saw MiSS Olson going down the street It seems from the testimony of the girl that she us well as Mrs Hart was attracted by Miss Olsons eyes Now i there was no truth in this matter if i there was not something peculiar in that girls eyes that night why did Mrs Hart that those say eyes were devilish They must have had a devilish look that night They must have been wild Thoy attracted the attention of Jenny Bennett as she walked un the streetshe was attracted by that vacant stare She said they looked as i she didnt know what she was doing And then when Mrs Hart came along she noticed particularly the eyes of this girl and that THEY WEUE DEVILISH The eye is the window through which the soul passes The human eye is something some-thing that discloses the shattered mind as quickly as any feature about the countenance counte-nance A mal does not need to have experience ex-perience with insane persons to know that the look of ones eye is peculiar You can tel the look of anger you can tel the look of love you can tel the look of envy you can tell the insane look though you may never have seen an insane person You walk along up the mountain side and you hear the rattle of a snake You never have seen the snake you never have beard ono rattle before and instinctively you jump to ono side and say There is a rattle snauc because the Almighty has implanted im-planted in the heart an instinct that tells you that that is a rattle snake although you have never seen ole and never beard one before In the same way the Almighty has given to mankind an opportunity of judging whether one ho meets is right in ibis i-bis mind or not And I say it is very important I im-portant t know a we do know that the I eyes of that girl had a devilish look that her countenance had a blank and va cant stare She stood there then rigid as a statute She stood with her little hands folded over that letter that she had carried down town after she had written it and carefully carried car-ried it back pinching it with those little fingers until it was stained sticking to the gloves into the station Tnere sho stood clutching that letter and clutching her handkerchief and in her pocket was tho revolver Up to that moment she had NOT FORMED TIE THOUGHT OF JtUKDEH early and with such premeditation as would make her guilty She stood there and they came along and they passed by her She was induced to stand there just as we are induced to do things without rhyme or reason Dont you know that peculiar influence that as you sit here in this crowded room you may look in one dir di-r ction and presently you feel an uncon CIOUS impulse compelling you to look another way and on doing so find that someones eyes are peering into your own There are things that move us without with-out rhyme or reason and that night that gir was induced t stand at that tree without with-out any thought as to tho consequences and without any reason as to why she did i The fact is her mind had reached that point that thatSlI SHE WAS NOT RESPONSIBLE at all for her acts and was not able to control con-trol herself She was at that time simply acting from impulse and the impulse came upon her to stand by the tree and when they came along and she looked at the man sbe loved and ho walked along therein that loving way with Mrs Hart her heart burst forth onco more and she said fOh rank how can you torture met He said nothing Mrs Hart suffered from her hearing and did not hear the remark She knows that the girl said something i She het raig gdi vas attracted toward her and I direct your attention to this that she was within four feet of her and she did not hear that hopeless wail that came from that poor girls heart They passed little farther From that time the girl is unconscious as to what she did From the manner in which the ball entered tered the mans head as they passed she must have hurriedly drawn that pistol from her pocket ran off toward the east at right angles and almost reached the railroad track because ho must have stood just bout on the irsftrack as they approached it when he was shot Having arrived within three feet of his head yea nearer than that because the card boards that Mr Lacon showed you provolhat at three feet distant from the mouth of that pistol the powder scatters over an extent of four or five or six inches in diameter and Dr Meacham says teat the powder marks showed out around the front of the ear the ball going in about three inches above tho opening of the ear and coming out above the line of the center of the head in icating that it was held at an angle and indicating also that tae little girl ran down there for about twenty feet and reached ithin two feet of that mans head when she fired Those must be the facts That oC itself shows that that girl was crazed and irresponsible She just runs right own there tleroLji LIKE A CKAZV PERSON and fired that gun You have seen her stand up here She is only about so tall Indicating Hall assuming him to be 1 mal of ordinary heighth five or six feet tall and assuming that she got witHin twit or three feet of him the bal would make just about the angle indicated Soc iICUUIEDIA KAN from her st alien by that tree horridly drew that gun from her pocket ran down there and shot within two feet of the man upon his left side This mark here represents the point where ho fell indicating on plat his head falling on the rail on this side I directed Major Santons attention to that and he say that that is about the location as taken in connection with the two walks You see therefore that he was notwalkiug on the edge of that walk but was walking award the center and hence Mrs Hart must have been within three or lour feet oft of-t a at girl when sao passed down this side and yet she was unable to hear the girl say Oh Frank why do you torture mel Now if she was within three or four feet of that girl and had been attracted to her bv tie peculiar lOOK upon her countenance by > the devilish bole in her eye and was looking at her at the very moment that the girl spoke and when she was not 1led with excitement as she was after that shot had > een fired how can she say conscientiously that she coud hear what the girl said when she was twelve or fifteen feet away and in a moment of exuiteuienU She says that Ihe girl stood up then coolly and said Yes and I will fix you too I makes no difference i in this case whetner you believe that she said that or not but I simply direct your attention to the fact that it would be impossible for Mrs Hart to hear at the distance of fifteen feet as accurately as she could hear at the distance of four feet or three feet and in the latter case it was a time when sho had plenty of opportunity to look and listen md was attracted toward tho aUI attrcted parson while in the other case when the girl was fifteen feet away it was a moment of intense tense excitement and people were gathering gather-ing around There is very little dependence depend-ence to be placed upon her testimony upon that point and i has very little bearing in ho case any way It is simply urged by the prosecution shewing an abandoned and malignant heart Suppose she did say that 1 The girl has NO RECOLLECTION OF IT Now the girl testifies that immediately after the man fell and her attention wn called to it sho started and ran right down the street That shows how little she knows of what she did at that time Straup and Wilson say that she started and run toward the east and then as if attracted by something turned and ran back toward the man whom she bad just shot Then she started partly staggering and partly running I run-ning and came down the wall toward Brigham Brig-ham street Sho met them passed in bo tween them and their attention was attracted tract by her countenance and by the wild look of her eyes Ono of them says that she looked like l 1 woman forty years of lice Do you believe that both those men are falsifying t you Both of them come here and testify to that same look And isnt it a little strange that there was no person who saw this girl that night that was able to testify thatshe had the look of u sane person not ono Everybody was attracted by tho distracted countenance Everybody was attracted by the crUd look ia the eye Everyone saw the hunted expression ex-pression Everybody said she did not have the appearance of I sane person She went down to Brigham Street From Brigham street she passed west and met when she had got half way down here to the poiicec station Mr Murdock Mur dock hail known her lor years He had visited in the family Ho was well acquainted ac-quainted with her And yet such was her countenance that night and such was the distress of TUAT roou GIRLS SOUL pictured upon her countenanceand shining forth from her eyes that Murdock did not know her and not know until after he hud passed and learned what had happened whom it was ho had met When they got down outside of the city hal here she met Joe OBrien who was also attracted by the peculiar look of the girl When she got into the court room sho had the appearance of one who was wild and excited I say her story is one that I believe I say that that girl does not remember re-member what took place thero that she has no reason to fasify here What is the mystery of existence and what is the equally range mystery that we call unconsciousness The man who has passed for a time into unconsciousness cannot help asking himself when he wakes as did Bernard Laucdoa in the weird tale of Elsie Venner where was the mind the soul the thinking principle all the time I is irresistibly borne upon him that he was dead for a time As Dr Holmes reasons Un man is stunned by I blow and becomes unconscious another gets a harder blow and it kills him does be bo como unconscious too I I so whsn and how does ho awake to his consciousness conscousness The man who has had a slight and moderate moder-ate blow comes to himself when the immediate imme-diate shock passes off and the organs begin be-gin to work again or when a bit of skull is pried up i that happens to be broken Suppose tho blow is hard enough to spell tho brain and stop the play of tho organ what happens then I Physical science cannot answer the question Ingaraoll says that no man can tell whether death is a solid wall or an ouch door Where was that girls soul the mind the thinking process during I THOSE TERRIBLE MOMENTS at the time that Frank Hall was shot Where is the man that can say that beyond every reasonable doubt he has an abiding faith that this 1 t L girl should be branded as a felon and a murderess and that she was responsible for what she did that night 1 bistro yet to find that man Now she entered the police station And here I call yourattention to the testimony of Judge Laney and Marshal Young I evidently made a great impression on Judge Laneys mind because he stated tot you tho facts u they occurred to him in a t manner that must have impressed every j I person who listened He said on tho evening in question he was about to leave i theceurtreom he bad had a little conference confer-ence with the marshal when ne heard I someone moaning outside He started too I to-o to the door and the young woman came in and immediately I noticed that she was under intense emotion somethingI never saw a person act exactly the same excepting once before and my impression was that sho was drunk my nextI immediately im-mediately saw that the way she acted that she wasnt intoxicatedwas that she was a crazy woman So as she approached meI was the first one that she cameo came-o she drew out a gun well of course that woman having convinced me hat she was crazy I had just turned to go i out > and facing the doorthe door is perhaps I per-haps as far as from hero to yourself not cjuite so far as that about this distance indicating from the aoor as she came in So she approached the railing and she was uttering a sort of wail as she came in Ohh hhhh Then recall the description given by Marshal Young He tolls you that that girl did not impress him at that timo as bong bo-ng a sane person Mr McCurdy tolls you that the girl within thirty minutes stated you WONT LET TUEM HURT Ir I U least fifty times They tell you that she raged up and down in that room like a poor > hunted fawn That she sought protection ection from them begging of them not to let any ono hurt her And yet can it be argued that that girl was in the full possession > of her faculties that she is guilty of murder And mind you as Indicated I-ndicated at the outset that girl is either guilty of murder in the first degree or she is not guilty at alL I she is guilty at all it is a case of premeditation 01 deliberation delibera-tion I is i a wilful coldblooded murder The rest of tho testimony in this case gentlemen of the jury must be familiar to you Tao time spelt upoa this cause has not been so long that you have forgotten what has been said by tho witnesses I have gone over the points that have struck me in a dcsulutory manner I feel that I have failed to do this case justice for it is one that so appeals to tho heart of aan that when one approaches the task of presenting pre-senting to the jury the surrounding facts and circumstances he finds that after all that man is a pigmy The human intellect has its bounds human possibilities are hedged in and no one can picture this case as it should be pictured I have no doubt concerning con-cerning your verdict because there never was a stronger ciso presented to a jury than is presented in behalf of this defendant defend-ant Tuere never was a cass where a more perfect defense was introduced than that I which has been introduced by this girl through her counsel his a defence TIT IS FOUNDED UPON TRUTH and truth is mighty and will prevail I is a defense thatis founded upon justice and here eternal justice should rule if anywhere any-where within this city It is a defense that I is justified by the law You all told ino that you could try this case with impartiality imparti-ality and render a just verdict under the law and the evidence Do you think a verdict ver-dict would be just under tho circumstances of this case that for a single moment would restrain this child of her liberty Do you not think that i for a moment you hesitated hesi-tated utarriviugat your conclusions afterward after-ward the thought would COte to you sometimes some-times ifl your waking hours and sometimes when you retired to sleep that for a moment at least had done injustice to woman I Aye this is a case which should be signallized by a verdict of not guilty from the jury without their leaving their seats It is not a casethatrequires deliberation deliber-ation or a discussion of the evidence upon your part I is shown so clearly by all tho testimony hero that that little girl was utterlyirresponsible for what she did that the verdict ought to be rendered without a moments hesitation moments taton 1toldyou gentlemen that it was loft for you to say just what value the men of Utah placee on womans virtue Yes she could have had him arrested tho prosecution said t you And it was also said that i he were on trial here for assaulting that girl you would render a verdict of not guilty he says without leaving your seats She huller that she had no corroborating testimony to sustain her story and that must have wrought upon her mind cud have been what caused her to say to her poor old father on that Sunday when it wa suggested th t the law would handle him 1 Yesthoy will nut him in the pt nltentay and then he will come out alter a few months and laugh at ine According to the district attorney you would not even have put him in the penitentiary He would havo gone scot free He could have broken that girls heart blasted and blackened her life ruined her character betrayed her trust and confidence TRAMPLED UNDER rECT HER HOLT LOVE and then a jury my brother says would have acquitted him without leaving thei scats 4 Does it not seem a little strange that that little hand helu that pistol critic such an unerring aim that hand that never before had shoia gunf Docs it not seem almost us if that became the instrument of the Almighty Al-mighty ana that the leaden bullet was ono of His thunderbolts that Ho hurled down to take from the earth one who was disgracing dis-gracing His imageJ Aye gentlemen of the jury you will render a verdict of not guiljy such a verdict as iny brother told you this morning will be approved by j popular opinion and if you render such a verdict its memory will ue to you like glittering beads of ruby strung on silver inroads By day it will fill each life with glory hue unto the royal light of tuo regal sun and by night ic will fill each soul with the symphonies which the angels chant when there float toward heaven with the dying day the incense that rises from holy deeds Kor you the dew drop will have a brighter gleam and the rose leave a sweeter perfume For each righteous act done here on earth God vouchsafes to him who nets a more perfect Knowledge of the efoadrous stork that he has written upon the tender plants and sketched upon the mossy rocks Nay moro than this there shall open unto you the purple clouds that hang above and into your lives there shall stream A RAY OF THAT SILVER LlfJHT which glows with such refulgence around the great white throne Into your hands then as men and brothers broth-ers I place the custody of my client As you would have your wives nnd daughters treated I beseech you to treat her As you would have your sisters treated in the hour of their distress I beseech you to treat her I place her with you and ask you to do by her simple justice and it will not be doing justice by her unless you say that she is not guilty I plead with you in behalf of this woman And I feel that I can hardly leave you for fear that some word has been left unsaid thatl ought to hare said in her behalf In no cause that have ever tried have I felt as 1 feel toui litin talking and appealing to you In no cause that shall ever come to me though I lire four score and ton years will I over feel as I feel tonight to-night PLEADING THE CASE OT AMANDA OLSON I hand into your charge a tender flower of humanity and beg of you not to break it or crush it I ask you to say upon your oaths that this little girl has suffered all that she ought to suffer and that you will tear away the darK lining above and let once more into her life Gods bright sunlight sun-light I ask you in behalf of womanhood I usk you in behalf of manhood I ask you in behalf of justice to stand for this girl and render the verdict that the law and the evidence justifies