Show HIS LAST HOPE GOREBla Judge Miners Baling in the Dillon lon Case Sustained A L WILLIAMS IS KNOCKED OUTet micro Zanes Decision In Favor of Hardy Sustained by the Supreme CourtMany OpInions Handed Down Malachi W Dillon must serve out the full term of imprisonment nine years imposed upon him by Judge Miner for killing Mitchell at Ogden This was the effect of the decision of the sit promo court announced yesterday afternoon the opinion being by Chief Justice Zane DI1 lon it will bo remembered was tried upon an indictment charging him with murder and tho jury found him guilty of voluntary manslaughter manslaugh-ter Judge Miner overruled amotion for a new trIal and sentenced Dillon to nine years im rlsonment To the order overruling the mo ion for a new trial the appellant excepted and assigned the game as error The opinion goes on to say thnt the commis ion of the homicide was proves by witnesses for the prosecution without any evidence to re duce the killing to manslaughter or to justify o r excuse it the defendant RELIED UPON INSANITY ns a defense and offered evidence to prove f md the prosecution off red evidence upon the issue to dIsprove It and tending to show sanity Jefore the jury was charged counsel for tho r espectlvo parties said to the court that they egarded i as proper to charge the jury upon he law of manslaughter as well as upon the l aw of murder but the same counsel now insist t hat i the defense of insanity was not proven ho evidence showed the defendant guilty of murder and there was no evidence to support a conviction of manslaughter The jurors might have believed that conduct of the defendant relied upon as indicating Insanity was rofera bf le to intoxication evidence of which was of fered on tho trial that his mind was so affected affect-ed with liquor as to raise a nsonable doubt of r be premeditation essential to murder I the I tilling was intentional and unlawful and wholly from passion inflamed by intoxication and i from an imaginary insult and without tho degree de-gree of thought essential to malice he was guilty of VOLUNTARY MANSLAUGHTER The court was not prepared hold that thenaffi was no evidence of such a state of mind at tho t time of the fatal injury Punier the jury hav ing I found the Issue of insanity against the ap pellant his counsel cannot be beard to complain Because he was not found guilty of murder instead in-stead of manslaughter I appeared from the record that the evidence Introduced by the prosecution pro-secution established the homicide without any proof of insanity or of justification or excuse that the defendant relied upon insanity as a de tense and offered evidence on that issue to prove it that the plaintiff offered evidence to disprove itt that considerable of the evidence was introduced on either side of the issue and that the court charged the ury that the defendant defend-ant idled upon insanity as an affirmative de fense that the BURDEN WAS UPON HIM to prove i by a preponderance of tho evidence nnd that to the announcement of this legal proposition the defendants counsel excepted L The law of this territory say the opinion is upon I trial for murder the commission o If the homicide by th defendant being proved the burden of proving circumstances of initi L gaton or that justify or excuse it devolves upon tim unless the proof on the part of thC prosecution tends to show that the crime committed com-mitted only amounts to manslaughter or that the defendant justifiable or excusable The authority of the legislature to enact men a law was undoubted the intent manifest there was no room for construction and the court must icspect the law The obvious intention of the legislature was thatproof of the killing without evidence in mitigation or that tended to justify or excuse it imposed upon the de fenaant the burden of furnishing such proof Otherwise stated when prosecution proved the homicide without more the defendant must prove the fact that he sets up as AN AFFIRMATIVE DEFENSE and such fact was not proved when the evidence offered on one side of the issue in its support when weighed against tho evidence on the other side of the issue and against it only raised a rcasouaolo doubt of the fact in issue or when the evidence offered for and against 11 only balanced bal-anced Tho statute included all affirmative de Censes and therefore embraced the dcfeiso of insanity Without a statute on the subject the law would presume sanity and the burden would be on the defendant to prove it Author ties were conflicting as to proof of insanity in a criminal case and the Tidwell case 4 Utah was cited followed by an extract from an opin Ion i by Chief Justice Shaw touring upon the subject A great num er of authorities are re ferreJ rb in the opinion and there ae quota lions from some of them Continuing Jutlc Zane says that it is easy to ascertain exactly the relative weight of material things If the weight at one end of the beam is heavier than the weightat the other tho Indication is apparent appar-ent and uninistakaole But i is not so easy to compare THE WEIGHT OF EVIDENCE on opposite sides of an issue but nevertheless the law makes It the duty of courts and jurors in l the investigation of truth to ascertain the relative weight of proof on opposite sides of au issue i with such certainty as tho capacities at the minds of men enable them to If the prosecution prose-cution offered as much evidence of sanity as the defendant did of insanity the proof on the onside on-side balanced the proof on the other and the presumption of sanity beyond a reasonabl doubt had no evidence to weigh against it The court on the trial ot the cause CHARGED THE JURy That the burden of proving insanity was on the defendant und that he was required to prove i to the satisfaction of the jury by a preponderance of the evidence but thai he was not required to establish it beyond a reasonable doubt S 5 5 That the I I llt defendant Is presumed to ba innocent until proven guilty guity beyond a reasonable doubt and that this presumption apnpiies to every fact necessary to tho crime i ana that it every one of them uI not proven beyi nd < v reasouaOlc doubt the jury should acquit In this the court charged the j uty that m = nnlty was an atllrinauvu < efense and that the burden was on h in of provm it by a preponderance of tuc evidence This was proper inasmuch as the homicide was emb liehed ty tbe prosecution without any evidence tending to prove sanity Ibo jury was also chars ed ui on the whole case that the law presumed pre-sumed the defendant innocent until proven cullty beyond a reasonable doubt The jury did not tinil that the killing was malicious but they must have believed tLat IT WAS 1NTPNT10NAL Ian I-an unlawful In order to find the defendant I guilty of voluntary manslaughter The charge I t the jury Is I very long one and some of its proportions were not accurately stated but when all of thm ore considered together to-gether we are of the opinion hat It was Rub stantiully correct Wo found no error in the r cOld Tho judgment of the court below is affirmed beln Judge Anderson concurred while Judge Blackburn dissented with leave to file a dis benting opinion IN rtvoR or HAHDV In the case of tho people oxrcl Walter Murphy vs L G Hardy involving the title to i the olttcu of collector of talt Lake count i JurtRC Miner read the opinion The icnl parties J in interest it will be remembered partc wer Hardy the incumbent and A L Willows tlio Liberal cand date ilio case was originally tried before Judge Zanoand has been fully re ported a number or times The court below decided in furor of Hardy and the supreme court sustained the jucgrnent the entire bench concurring WARR vs HONCCK In the case of Joseph Warr vs Julia Honcck i imolvine the title to the west half of the southwest south-west seventh of section 21 I township 2 south pt range G east Salt Lake meridian Judge Blackburn read tile opinion which affirmed the judgment of the coart belo In favor of the defendant de-fendant X AN INSURANCE CASE Judge Zane read the opinion in the case of the Idaho Forwarding company vs the Fires man Fire-s Fund Insurance company The action was brought to recover tho amount of certain insurance policies and the court beliW found in favor of the plaintiff The judgment was reversed re-versed and the cause remanded JUDGMENT REVERSED In the case of James Pratt vs H C Gilbert et aI the order of the court below dismissing the appeal was reversed and the cause remanded re-manded UAHKNESS WYJIAN 8 HUSSEIN vs SICLAIN In the case of Harkness Wyman Co vs J R fvcClaln the judgment of the court below in favor of the plaintiffs for the amount of a promissory prom-issory note was affirmed SMITH Ys MEVOY ET A Tn the case of J W Smith vsThomas Mc Evoy and A P Kendall in which the plaintiff obtained judgment for the amount of a promissory promis-sory note the judgment of the court below was affirmed GODBE rrrrsDRDO co vs J F ALLEN In the case of the Godbo Pitts Drug Co vs 3dia F Allen the judgment of the court below d charging an attachment was sustained AN OLD CASEIn CASE-In the old case of G S Ellis vs W H Porter and H Brisacner involving tho sum 01 8SU65 the finding of the court below in favor of the latntiff was affirmed thq TAYLOR ET AL VS J3REFORD ET A In this case in which the plaintiff recovered personal property horses and cattle the judg nent of the court below was affirmed A WATER CASEIn CASE-In the case of Artomus Holman vs Pleasant Pleas-ant Groyn city the judgment of the court below in favor of the plaintiff was affirmed A LIBEL CASEIn CASE-In the case Of Frederick Turner vs Sidney Stevens in which the plaintiff recovered dam age s the publication of a libelous circular the jUdgment of the court below was affirmed AN OGDEN CASE Tn the case of Mary A Long vB the Citizens bank of Ogden InvolvlnbtIO the judgment of the court below in favor of the defendant was ffirmed AFFIRMED In the damage caso of Isaac Chelton admin strator of the estate of Joseph Shaw vs tho Union Pacific Railway company the judgment of the court below in the pi mtiffs favor for 8000 was affirmed Notice of an appeal to the supreme court of tho United States was given ANOTHER RAILWAY CASEIn CASE-In the case of John White vs the Union Pac cifi Pa-c in which the plpintiS appealed from an order granting a new trial the judgment was affirmed REID VS LOWE The judgment of the court below in the case < of Charles K Reed vs William Lowe adminis ratnr was reversed The action was brought for the specific performance of a contract fore th for-e sale of certain property The court below found for the plaintiff ADMITTED TO PRACTICE G A Burgon was admitted to practice A COMMISSIONER RESIGNS The resignation of United States Commis sloner Snelling of Logan was accepted APPOINTMENTS John E Henderson of Terrace Box Elder county and E E Dudley of Provo were ap pointed United States commissioners THE CHURCH CASE The hearing upon the exceptions of the de endantslo the report of Master In Chancerj Looflourow as to the application Chancer cheated church fund went over until the next court Jrdgo John A Marshall attorney for Re celver Lawrence fed a paper asking for instructions in-structions as to the payment of taxes upon certain property Tho court then adjourned sine die |