Show Of MURDER I t JAMES BURKE L to The Herald i Brigham City cui Utah Nov 24 James I Burke was wu toight t Pt found io guilty of I murder in the U degree The jury made a recommendation of mercy Burke Burk t a oC ago walked into Eddys dr ore and shot t ts down s Ha y f i tel i on cornS cons n Wr w Burke was a member The trial has haa been boon in progress plO si since we Tuesday This morning defense placed pla ex cx expert expert pert witnesses on uri in the per persons persons perSons sons of Dma Francis E Roche Pur Fur Purdon Purdon Furdon don and to offset the testimony given yesterday e by b Dr Taylor for the prosecution which was that a man could drink a gallon of whisky and still retain possession of hi his faculties It was the opinion of all an three of the tle doctors that a man mani in ip such sucha a condition would not know what he was doing after having I Imbibed the amount of whisky whis y that the defendant der n ant is known to have had bad at the time of the killing especially a man whose mind was weakened by years rs of Indulgence In spirituous liquor A As to t tany any man being ehg able to take into his system a gallon of whisky and aDd still re retain retain tain the power to form an intent Latent and carry it into execution all three of ot the doctors deemed it absolutely ab Impo ti ritie ih l of the tae tb t mony each side was given ghen two and a half hours In which to argue arpe the mae case Mt maeThe The prosecution was opened by B BH BH H Jones Jenes attorney for the tile state in a mc vigorous presentation of the case go gu goIng going Ing fn Into the testimony in detail At Attorney Attorney Attorney torney Nels Jensen was the first to ap appear appear appear pear for the Mr Jensen ar argued argued argued gued that Burke could not nG justly be convicted of a greater crime than that of murder in the second degree Mr Holton followed with a strong argument argument ment m nt for the time defense Attorney Call CaU concluded for the defense e The case was then given to the jury I |