Show FIRST DISTRICT COURT mall term iss iron 11 I 1 if ermerson JR merson WEDNESDAY MAY llull 2 r P 31 MR BROWN continued his argument lie ile said eaid tile first struggle wa wai i ended before the tile shooting began tho tile drysdale testified that after the struggle peter went and put on oil his coat this thi they did in a 1 frank and free manner ho then pointed out on the tile map to the jury where the scuffle first began and waltzed to some distance of about ten paces or thirty feet this occurred before the second struggle began and little time elapsed between tile first fint and the second scuffle no blow was struck by cither either of them from tile lime time they started to go homo home until james drysdale struck peter the 0 old id man was the first assailant ae iio a again ain recapitulated the etory of the shooting and said if the parties were face to faco face when the shot was fired the old man would have fallen down and the spade could not have flown up and hit peter moore jr but the deceased is said to have been shot in the back of the neck which could not have been the caso case if they stood face to face the statements of the drysdale boys were not consistent they were not reasonable counsels theory was ivas that drosd dales es stooping position wag was C caused used bythe by the old man striking at peter with the tile spade missed and the force of the motion bent him forward after reviewing ill alis statements of other witnesses and askin asking tile jury if peter moore I 1 had reason to believe that drysdale was about to strike him lie argued that even if drysdale Drys dalo was old and feeble he was a able ae to wield a in such a manner as to cleave a persons head through he was strong enough to answer for tile consequences of euch an act but lie was not so feeble as ho lie had been represented for lie would go to his daily labor and aid work a forty acre farm the counsel reviewed in a pathetic mati fier the testimony of mrs moore mother of defendant and said the feelings which had been made so light of by the prosecution were vere the natural beelin feelings 3 any mother would have under tte tuo circumstances she was placed in in when she saw the spade uplifted to strike her son he lie then reviewed the testimony of peter moore sen in relation to the manner in which lie w states drysdale struck peter producing a noise noise like a thud or the crushing of a basket cutting through the fles flesh lito to thebo alio bone netho tho solicitude for his son under such circumstances ho he said no man could tell the particulars ar tic ulars of an event exactly one year after it had occurred all the tile facts produced in this case must be consistent with each other otherwise they arc are rendered inconsistent if the jury have any reasonable doubt as to the guilt ot 01 the prisoner they must give him the benefit of it they must try him and test him fairly and justly and if they do they will find him not guilty the counsel concluded his lengthy earnest energetic forcible furci blo speech by an appear to the jury to well consider the evidence and arguments before they made up their verdict in such an important import aut case as the one they now have under COL consideration JUDGE P T VAN ZILE followed mcbrown Mr Brown he ile spoke for the people he said lie could see the prop which supported the superstructure of the argument of the defense but lie would try to take it away there was no dispute as to aay the law 0 aw in the ca sebut he lie wished to show to the jury that they do not nat apply the facts to the law as ho lie had stated them he has not the facts in the tile case to support him in the view of the law it is as natural to criticize those who prosecute for breaking tho the law as ms it is for ducks to swim ho he then received the argument of the opposite counsel and mid said there is nothing particular in the cases of law to which he lie referred the defense objected to talking any cases adjudicated by the statutes of california yet the statutes of utah are framed en on those of california the case of pond to which the defense had referred did not stand on the same footing 00 ing as this thi docs does it had not be bean 1 fully 11 r stated by the defense ponds eife lifo had bee been threatened day after duy day the parties went to his house cd ed it it was closed locked and bolted when the party acm demanded admittance pond refused to admit them ho he was much excited and was in great bodily fear and danger he ile even crept under tinder the bed for safety the party then went to tin an adjoining building but being refused commenced to tear it down to gain admittance pond became fully convinced for cause that his only safety lay in killing liis his adversary which lie d did by shooting him and when ho he was convicted t edof of murder on his trial it was carried u up to the supreme court and decided decided that the offense was that of manslaughter this was the case in which the e court said eaid the defendant could act ac on oil the facts as 03 they appeared to ti hill counsel then said aid there arc are but bu few facts in this case to which wc w need pay much attention but the th case lias has been worked up too much by the defense they arc are anxious to clear their client they arc are biot no to blame for that it was hard foi for him the prosecuting al attorney torney tc to prosecute a person for murder bul but it had to bo be done and it must be b doneaud don caud that according to the laws that arc are made for that purpose ho he did not plead with th the 0 ju jury r for sympathy as defense had daiy said but to inquire if boore was justified in taking the life of drysdale it was true that a boy eight years old could cleave his scull with that spade lifting it ho he did not say drysdale was in his second childhood but he be might 0 be if ho lie was and ho lie came to you w with ith tho the spade uplifted to strike etri keyou ou isyou if you had no malice in your heart would 0 ll 11 draw a pistol stol and shoot him boulli su z 0 you would tako take tile spade from him reason with him and tell him to go away when a man reaches the end of reason he lie reaches the end of the law it is not true that I 1 admitted that drysdale Drys dalo struck peter as sir mr tanner stated I 1 admitted it purely for the eake sake of argument not because I 1 believed it to be true it is no worse averse to shoot aman 50 years old than it is to shoot ono one GO 60 years old james dresdale drysdale was 64 years old not so liale c and hearty as ho he once was ho he was bent and stooped with age he came along with this spade peter could have taken it aay away a from him as easily aa he lie p pleased case and it was wis not necessary ary for self defense to shoot bi him in would any one of you do it ibbe if he came along if to any of you with a spade on his S shoulder would ou on find it essential to send a bullet through his brain life is sacred do the dictates ofa of a reason lead you to suppose it was necessary to kill him icso if so acquit the defendant these arc are matters that you gentlemen of the jury have to determine he ile did not climb over tile fence as mr tanner would have you believe now one moment the defendant makes him and the next as is spry aa as a cricket ket counsel thought th there crepas was nothing more ai y to add tb illif illustrate strate the of the law he ile was not asking now whether tho the on enso was murder in the first degree or in the second degree but whet whether lier the jury will convict him or acquit him counsel then pointed out the location odthe of alic scar sear on oil peters lead that it was not on the forehead but on the top of it which establishes the fact that the theory of the drysdale boys is the true theory of the way in which the scar sear was ma made de and gives a lie to th the e theory theor that the old man mail struck him with the spade in both hands but as counsel had said before he lie now repeated if it had been defendant would not be present resent then it was impossible t that ri at lio lie con could as peter moore sen said ho he did swing the spade round and strike peter willi with it in the tile manner lie described bed after referring to tho the statements of the defense in which they sai said d that the blow sounded like the crushing of a basket or the brush ot of an old willow fence ho lie conceded that the spade did hit the head of peter but it did not and could not be by a blow struck in the manner indicated by tho the defense he ile call edthe attention of the jury to tho the statement of sirs ala moore bloore that it was a long iong time before she could tell whether she saw the spade como come down on the licad lead of peter Tl moore jun he ile was of the impression that she was instructed ted only to testify that drysdale khim on oil tho the head and no more but she knew more and finally testified that the spade struck him on the head and that liere he reeled cled but in the next instant told you she was unconscious and did not hear bear the listol pistol go off on oil the other hand ban tile other witnesses eay lay tho tile shot was almost simultaneous with that of the fall ofine spade I 1 have sworn to do my duty and I 1 call upon you bouto to do yours I 1 shall do mine with all the ability I 1 have to execute it Is what mrs birs evoro testified to all that she flie knows about it she bays when she saw tho the spade descend she became unconscious if this is all she knew it is very unsatisfactory even to tile defendant fen dant if what the Drys dalea dales testified to be true then there wag was no cause for shooting and it is for you to determine g this is counsel for defense ve eaid said what right had drysdale Drys dalo to strike peter moore 0 rc I 1 r ay say he lie did not do doit it I 1 he ile then referred to the stooping over and said he lie considered it an evidence for the prosecution in this case the boya boys said when the tile old mad stooped over they thought he lie was shot in the breast the theory of tho the defense is that when lio lie struck he lie fell but lie thought the theory was correct th that at the 0 old man stooped forward when peter fired the first shot and could not have fallen from the effects of atri striking kinga 1 blow and he was stand ing in ill that posture when the second cliot lot was fired mr van zile reviewed the statements of several witnesses and those of the defending counsel and quoted llie the words of drysdale Drys dalo when ho he said come away boy boys and let us have no strife which lie said was wt proof that there was no adva advancing acin 1 11 on peter with tt a drawn spade lie I 1 i e further recapitulated the circumstance as stated which led to the quarrel and fight and showed that it waa not the result of the neighborly love which existed between the parties par thero there was no dischel discrepancy anc y in the testimonies odthe of the drys dalo da boys they were honest and truthful gentlemen of odthe the jury you have the case casc I 1 have gone over nil all the points I 1 felt it was necessary to do and it is now for you to say ay whether the facts in the case warrant a ver diet of murder in the first degree second degree or whether defendant shall be acquitted the law and the evidence in this case arc fire specific andl and I 1 expect just such n verdict ai they warrant from you this closed tile arguments for th alie c people the court adjourned ned till 9 friday morning Contini bueil ted on third baye 1 FIRST DISTRICT COURT may term hon it I 1 IT jr r continued abi eted from page paye one 9 AM A M the courtroom was well filled with anxious and interested s spectators tho the clerk of the court called the roll the jury were all in their seats and answered to their names his honor P H emerson then charged the jury in relation to makin making up their verdict in the case odthe of the cople people vs peter moore jr charged with avith the wilful murder of samuel drysdale on oil the of A april april 1881 at hooper weber co utah the charge which was delivered I 1 in an earnest and impressive manner occupied 45 minutes in its delivery and find was listened to with profound attention by the jury and the vast audience which filled the courtroom at 1055 am the case was delivered to the jury who then retired in charge of tho the following officers who were sworn for the purpose E B stevens A D shakespeare bacon following are th the names of the jurors juron who tried the case robert wilson william huy sill eing richard thorne J E chase will willis is lemons P A miller levi E dark joseph R porter john corkish F frederick rederick foy jolin john L stevens david M moore at p in the jury returned to court the roll was called tho the tally taken all present mr chase on behalf of the jury returned a verdict of voluntary manslaughter against peter moore jun each juror was then called upon and stated that the above was and is his verdict tho tile sentence is deferred till the of may |