Show FOTO murder in the second de in the john L brown der gase holdaway case other business following mr cannon mr erguson delivered a strong address the defense in he brown murder casa and mr zane delivered tha cloice arau ment counsel en both aides made vigorous and evinced much ability throughout the entire case the jury appearing rilliue hia honor deferred tha charge till this morn ing i ani court adjourned till then priday MORNING precisely Preci tely at this morning the prisoner pria oner walked into court escorted by a bailif fand took hie seat near bit attorneys rol lewint biaas cano the jury and took their places in the box A wait for a few elapsed before his bobor judge blackburn entered after the reading of the mantes by the clerk the court proceeded to charge the jury in the case of the people v john L brown hi honoreand hono reaid he wished the jury to giva hia the most earnest the burden of proof lin said is on the prosecution you must decide as to the guilt of defendant beyond a reasonable doubt which must be a doubt that ariada from tho testimony a doubt alst 2 ive a ason for you anra the sole judges oi the testimony in the caba as to whether the witnesses have told the or not and in whether the the testimony of the witnesses is tru or not you must use your best judgment aided by your experiences a practical and men this defendant is charged with murder in the first degree which I 1 will define from the sta the court then tad to read the of the two grades of murder in the first and second degrees if there is any crime at all in this case it is murder in alie first decree if andr tb construct im of the law as read the deed man is charged ath waa done maliciously and and with an abandoned and malignant heart then he is guilty of murder in the farat decree this provision of the law only is applicable to threase tho defenso has t up a plea ol 01 insanity insanity is definod in three dearetta de eretta as follows the court proceeded to read the difini tiona of ins sanity in three classed as under tha law now the man be so demented tha he cankat understand what be ii doing that he has no power of reaia tanca no will power and has haen forced hy insane illusions insanity must however have eo to do with tha sion of tha act the act that produces must be shown an growing gro wini nt ef that insanity ine anity the law that every man ia cane until ha is proven khiane the law does not to punish a man who ia insane the burden of ia upon the party who arts up the plea of insanity if you find from the evidence beyond a doubt that defendant was insane at the time of abo commission com of this act with which he ia you will acquit liim or if you have reason able doubt ns to bin sanity the dc fand ant it unfitted to the sama it ia your duty to consider tha defendants hotd for peace and after tho conclusion of the judene bharga the jury retired to co nider their verdict it being 10 whan they loft the court room charles ayd appeared and waa ar on two charges of grand larceny and 0 ead not cuilty john bowlar and peter R were admitted to citizenship ane case of lavi 8 holdaway was beard therese as brought by the divorced wife who alleged that ueland ant had not complied with the of the decree of the cault in ig for his family the amount to be paid wa and 20 per mouth only had re heivad in the two years abent about was still duo on account of the and monthly payments mrs was on the kland and testified as to the several palmenia pay menia made and the difficulties she and chils dren had been under in to maintain themselves abe had received a little from her brodish in law A 1 holdaway from alie county and ane ward ia which he lived L S tho defendant testified in his own bohall he had oi 1 l of the borrowed i from his and had nut yet paid it he had no real only leam cow nud th stallion hoyal the lutter winch anav had said was worth 1000 he had oa 01 yesterday to sell for tr is vary scarce in uintah county ia now elivea toabe court married my predell wife sour aweeka after bein from the first in answer to the court defendant said he would pay as soon as ha could mr aadil that defendants father would pay the amount of in ia three in on two and tareo asars pay 8 35 cpr month and A U 8 25 tho amount of 20 per mouth w uld be made up provided defendant had tl of tho two boys rhia latter tion however the mother stoutly pro defendant aard he know hoa to raise the the caun tod the attorneys to try adrae amock ai to alie muter tho people vs edward was air gor kuth erland and clr A G suh er and danni ford wag the art ft ajr lenan aloon a fort uintah ti idol to him at the sinic chirt diu t indictment which nas on sunday L 8 holdaway Hol dawny ned iasi a tp defendant was in 17 nath county I 1 prosecution rose cution defendant took the live at ahloy mv diac of i abil 2 milea from fit fi t din biru th ceab y there is a iad mines arn igar oy aliva v arld liquor there on handa jm 1 l IL li at the haloin did i t til 1 in tu ford at the tima alicd croas examined my family layes thirty miles from lh alolu more people alm w inday lot arn mire it liverty on that artay Sui ia biot my busiest lay sold 1 anor lo 10 ani gnp there on sunday re I 1 was athae on alis sunday referred to the testimony cloyed and were then delivered bv counsel afar his honor instructed retired th jury in the brown case cam inan court yi dently pre 1 pared to render their berdit yer dit U t K there was at oace a ask of people from the outside into tha bourt room defendant came in uon afterward B and sat down apparently unconcerned after the roll of jurors wae called they were asked if they were ready their verdict mr roberta coremin of tha jury said they ware clerk what ie it foremar guilty of murder in tha second degre and we recommend him to the mercy of the court tho jury were discharged and mr J M cannon conneely fur brown asked that the day of sentence lie delayed aa long as possible as jhb have a motion for a trial to make the court bet the lay for sentence on friday oct court then took receda till 2 on resuming the assion at 2 thia afternoon it wa that the jury in the case had not vet upon thair verdict the casa of the people TB carla young grand larceny waa called for trial mr king for the deteo dant asked for a because of the absence of alma robinson a material witness affidavit was made by the defendant stating the fact case wai for nov j the appeal case f provo city joha T lynch was beine triad bhea we rent to prees dunec the of the trial the iury cams in and rendered a 1 I not guilty |