Show JUDGE MIN ERIS I 1 coffil the famous icily kelly case brought to a sodden sudden end THE FOUR ILL the illegal voters get la in lh swim one found guilty chilt first ever baie lade la in 11 flier the famous and long tried kelly murder case baa has been brought to an end and the defendants discharged upon the opening of court beeter day morning the be room was filed fil ed to wing with eager spectators the testimony was all taken and it was expected that lengthy and fiery arguments would be made yes morning but that was not the case tuesday evening before the ad journ ment of court mr moved forthe for the discharge of fils blar clients and was wits overruled after the jurors had taken their places attorney erans evans arose and addressed the court lie stated that he bad thought the matter over during the morning and had come to the conclusion that abo evidence bad had not been sufficient to make a clear case and he moved for the defendants discharge the testimony introduced had not cleared up the mj stary of J a mes dorrs dorris death there certainly was a mystery and the prosecution had hid been unable to find these who know about the whole ma matter tier according to the lat last bitne witnesses sees it did seem BB se though kelly had kIll killed edithe the man in the discharge cf of official doty duty without any malice aforethought jodio miner then charged the jury july and in the course of his remarks cail said the prosecuting officer who a arge of 0 thia this case from the commencement and tn in who when integrity and bon cour court t harthe has the lost advises the court hat that be has no more ore ti idenie to pre e sent t that h t al all I 1 the evidence accessible ve hae already been preen presented ted to the jury and that in bis his opinion here there in 1 not sufficient e I 1 deuce dence upon shieh to go to the jury and auk for or a conviction I 1 bit ibis case having ha ing happened ome some twenty odd year years ago o 0 the e of 0 manslaughter mane laughter it if it we was committed at all I 1 outlaw adb ht nee t the he only conviction the p opie could ask foi or would mould be murder in the first or oe m n d derree degree this I 1 hi fact may have had s bome om eth thing ng to do with the action ol 01 uie the prost prot cut ing ug officer or it may not at least it Is I 1 a fact in the cafe caie and the court li is inclined to lake take be the same view lew that counsel has taken from rom the proof alre already stay in whatever the act fact may be of the guilt or innocence of the defendants there la Is not evidence enough left before the jury tow towar raita arratta conviction beyond a reasonable doubt and ill ibis is diw being ing taken the court instructs you to bring la a a verdict of 0 not guilty against adlof all of the defendants I 1 ibe the jury retired under the charge of a bailiff and soon made out their verdict of not guilty judge miner then ordered ered the discharge of john T kelly robert sweden james hill and isaac leaze boren soren eon bon acquitting them of the murder of james dorr abir one of the defendants was so affected that be could not control his feelings and wept like a child not that be considered himself K ul I 1 ty but the thought that some of his friends friends might iet get that understanding this feeling has preyed upon hia his mind and t the b 0 relief wah wab so great that it almost overcame him the much talked of and interesting illegal voting cases of the people vs s henry anderson und and thomas connelly occupied moat most of the day andersons Ander sens case was first called assistant district attorney evan rep es enting the territory and judge rec 11 abodes odes appearing for the defendant the jary was em paneled and ju judge d g e miner announced the courts rea readiness d i to proceed the fir t witness called for the prosecution was george shorten w who ho in substance testified that on august ath last be bad had been a challenger at one of the polls in the city hall during the tile regular county election that the defendant bad presented himself at st the place to vote and be he bad had challenged him for 1 identity lent ity anderson appeared rather frustrated ted and undecided what to do thereby ar rousing the challengers suspicions suspicion more than ever lie ile baill persisted however and swore in bia his ballot voting abe name of harry ferguson before doina doing this shorten shorts agun again challenged hal bim him but ut th abe ae i accepted the ma mans ns word was notified that tile party bad had eted voted illegally and that gentleman went in search of him mr belnap was the next witness and testified abat be he bad had been told in the afternoon of the ath of august that a man had cast bis his ballot without the necessary right and that he be bad followed him for beveral hours and made the arrest near the ilia novelty theatre the man struggled and tried to get away but was ful and at last begged to be allowed to go on bis hie weary v m ay ayo because ho be nas vias a poor hard working man and although a wrong bad had been committed by the illegal casting of bis his ballot still others bad had put bim him up to it and a also I 1 a 0 promised to see bim him abrou through ab the sheriff stated that the defendant bad made subsequent confessions to bim him without hope of reward or leniency which all tended to substantiate his f first judge dee testified that the defendant had been arraigned before him and pleaded guilty to the charge of illegal voting 11 II 11 was called and stated state 1 I that at the time of the election be he bad had been assistant issie tant county attorney and was sent for by the defendant an and others in order that a consultation might be had in regard to some legal points he ile went to the sheriffs Bhe rills office and there found anderson And ereon and cantelly Con u telly they stated that both had cast illegal votes nei neither trier being a resident of ogden or the county but that others had paid them for it and promised to see them through nothing bad had been done by these parties no a one bad had been to see them about boat it and they wanted mr lapp to 6 irritate ins itule proceedings whereby these guilty ones might be prosecuted for aiding siding and abetting lawbreakers that gentle man told them that be wits prosecuting attorney and did no caro care to bear their confessions fes as it his duty to appear for the prosecution B but ut be he did eay any that if they cared to make a written statement or confession be he would obtain other testimony eeli mony and do what be could the prisoners assented and mr kolepp P prepared r two copies setting forth the tact act that defendants fend ants bad voted illegally and at the instance cc ol 01 others anderson refused to eien sign bat but connelly did the former eaid id that while the statements were all true be he did not care to put himself on rec record ord in writing whereupon on mr tore the paper up a and n fl filed led the other with his successor n office 11 the he foregoing is b but ut a brief account of the testimony for the prosecution and after its introduction that bide side rested the defence bad had no testimony to offer but judge rhodes made a long and telling argument taking as 8 his ground abat the evidence had tied not been sufficiently clear to merit a conviction I 1 id assistant district attorney evans made do a sar strong 0 ag elech ch in clos closing in g for or t the b 0 O asp which had a wh wholesome 0 lep effect upon the minda minds of the ja jary ry H lie e endeavored and evidently a succeeded acce eded in the endeavor to impress upon the jurors that alt alth houAt outi it ali might lit be considered in view of 0 the full 1 that defendant had voted the liberal ticket a jury composed of liberal voters should acquit him film yet they should convict tinder the law and the evidence no matter it be had essayed to help the party by hie his illegal vote the jary jury should know that the liberal party here bad been maintaining for many years that the laws ought to be obeyed and for or them to disobey the law by discharging the defendant would be going back on the record of the party lie ile eald said the testimony was plain and asked the jury if t they h ey could go home among their and lud explain their actions if it they were to acquit the defendant because he vo voted t ed their ticket it made no difference to him for which party the defendant had bad voted whether liberal or peoples and asked them it if they alwy thought the law lair was made for the purpose P of protecting an individual or class of people or for the punishing binz of individual AreL ces it made no dita fe ence to him whether he belonged to the liberal party or not that party could and should succeed by proper a and nd honest methods it would be better for a arty party not to have any existence isi tence at a all than to succeed by fraud and crime it was shown in the evidence that the defendant bad had actually pleaded guilty in the lower court and then be ile had come ino into this court and plead no not guilty y and undertaken to mate defence by the argument of hie his conni counsel be I 1 that he had not been legally legall shown to be guilty guilly the jury he be said hl had d simply an honest boneet duty to perform under their oaths and be he believed that they would perform it the liberal party cannot connive in such work and the jury knew it this voter who bad had been bbown to cast an illegal vote had bad no property and no means and does not even reside in fa thia this community he cama ama here and find by the use of a few dollars he ile is induced to cast bis his vote and neutralize bis his prosecutors seca tors vote and every honest leans lians vote who is vitally interested here and fir the jury to eay say that this thing ought to be justified would be an ano milly mally judge miner then charged the jary jury as follows gentlemen of the jury the defendant in this ve v e is charged ch arned under which bug has been read rea to you or in conr hearing of uie the crime of meg I 1 voting arr xanthis in this on or about the alt day of autust 18 the a statute 0 of this s territory under tinder which this charge li Is made mad reads follow 1 eve every person not entitled to vote rote wo who fraudulently i otes and every person perdon who votes more than once at any e etc t is guilty bilty of 0 a loony and la Is punishable babl etc e t c ig how it ie is nece necessary teary for the people in 0 order to 10 convict t e defendant in fit this cue case to how show to your minis aud and by el tl I 1 dence beyond a reasonable doubt the feet that t mis tk ta person wa was not entitled to vote at the ilia e elect le e tiou lou named and that bo he fraudulently voted at t that election if it those tact dose bt are a e tab bed abed beyond a it reasonable doubt by b proofs proof in the cane case that Is butti clent upon which you may brine bring in a verdict of guilty if lt they are not dot established belond a reason abl doubt then your our verdict should be not guilty lau statute much of which I 1 have not read la is alme aimed 1 at those persons who undertake to destroy the will of th ibe people ho he undertake by this means mean and by bt othe other me mens exposed ased in the statute to do away with the majority rule la in t a territory aud rod thai that in an first that it Is t 81 statute made 1 I in the inte Inter re crt s of I 1 in law and order that I 1 it I 1 the w 11 of the he t people ole cannot be it gaily gally expressed and bonelly hon ertly expressed by toy ballot bailot without having thoi thol e vin ho are nut not entitled to vote their butts to effect those that aie boue etly ess cas then the of the cou country litre are certainly ju in a deplorable condition that it is feces iry ary for tb the I 1 people opt to 1 h how 0 w as aa I 1 have toted stated in fit order to malie t h rl se that till this man was not ei titled to vote at this election and that be it know 0 o w eted at till election now it Is not tor for yoa you to ii y nor tor for the court to say that because lie belonged to one party or to another that we are going to have any pat court are not 0 organized iran and jurors are not to ebow how arti alliy amy no matter bother bether the conale t on of the party may convict a friend or whether he b may convict an enemy that li is a matter ter with which the court and nd jury have ing whatever lo 10 do we vire are aresI limply it here a as instruments of the lau lital lit al imply loeu enforce lorre iland it and g gelso else while we may regret it ever evero much we regret the for the enforcement mal 01 0 the liw law by any class of people yet it ii Is my duty and it 1 made the I 1 jury here try and decide honestly and squarely equa rely its the evi deneti may way show how of couse in order to convict there mut must bo be evidence and that evidence fiust be ent to satisfy your in mind I 1 nd that this man niall was vas not entitled to vote at thi election selection and that be did fraudulently vole vote ebether he did aid or n ift nt t Is purely urel 1 a L question for you auto to determine in an and not r for 1 the court the court determine the law in thi cl have a any right to inath instruct t you as to duat ibe the law li the court will do tat th chrt law div a him th the power aud ad be he hai has th only p wr up upon 0 a neither have rivens e I 1 t tb b i light ight list has the cou lithe the right to toll 1 strud y 0 ago to what the laci facts are thon are hilrey Uil rey T atil within ir I 1 your own con codr co mr trul tou have 1 he the control of all chood thing things ou on in y be jere those wit ne ses you do belity and dit db beUve bellve those yu audo do not believe tilt untie are matter matt erv entirely lor rod engg ini loread the n ct of ihli this casa caso anil and en a to the weight 0 of the adaist ns us or oo 00 ol tills detill aut contusions cont aloni of a pr oner are received ae as evidence of gul guilt lt upon the pre on that a pen pers n 1 wl II 1 1 not ajon make ak an undue statement against b hi 14 own I 1 ltee to est bat but when de do iberal a and n d voluntarily made confess ons of g guilt ai t are among the mott effectual in the law but there may be many cases u here a prisoner maybe may luc lined through motle if of hope or fear to inako make an unitie e cone ofes elon ston ills ili statements ute menti alo alpo are misrepresented through defective memory or malke malle and are rem ly jy ila bit alito to be on mi conil const del conf on es as on one are clin class d ds as judicial and extra judicial the former aie those made I 1 in court cour tor for instance courted tei if a prisoner prison ir bould hould c into n court here bere ani an J alter after he lie indictment was read to him be he should make a I 1 guilty guht that ad or would mat mak one of the strongest tons in liitle the law as a you all know A aili in the course of leg I 1 apro pro cine slona re made m 1 i do LI they are made ado before the e on a n the preliminary examination and the plea ol 01 cuilty ailt to an andl ament or information that is it evi evidence deuce it 11 they are freely imely made ivi ith out inan cements belag being held out so that bets be is not induced todo to do it not induced to mackean make an untrue confession eliy are a evid evidence enc in the case II 11 freely and deliberately made they are considered sufficient lulB clent to warrant a conviction deliberate con fin in open court ie is treated aa as sufficient alums 1 as tar far as li it goes if made in the trial of the canue and berh aps even on the preliminary hearl tw provided provid it be madu im ado freely bebau the at aed ca cannot ot bi tup sup ased to act without consi consideration derad a un d dir r luch such circum circumstances now extra judicial are ton those h 0 ore idail 1 by a party elte elsewhere where t h a a before A magistrate or la in court th they e I 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