Show THE TRIAL 19 OR long arguments both by prosecution and defence THE wll WIS FIRMED IT 11 0 CLOCK A 1 verdict nal dal lot beca been reached kj ky 4 ihli this morning abe trial ia in this Dist district 0 AH all was wag interest in the first district yesterday morning as it 19 court too room opened it was known that judge powers was to deliver the last ladt argument for the do fence his ability and eloquence in an argument on a case of this kind are well known and the announcement that tha t be he wag was to be gin the closing arg argument ament on the weight of which might depend the verdict against his client caused the court room to be packed as it bai has not been s since inca the opening of the case the atmosphere waa was stifling and every door and window had to ba be opens opened and then it was with consider considerable abl e effort that the counsel were able t to 0 proceed quite a number of ladies occupied the chairs within the bar while the tile clerks office from whence the arga ments could easily be heard waa was crowded BO so that it was impossible to get through at each fresh arrival the crowd encroached on the space reserved within the bar until the bench beach was almost surrounded by p peo so pie eagerly listening to the eloquence of the learned lawyer shortly alter 10 judge powers began he ile said in this case we can find no adequate motive for the deed by which be he struck down a man and deprived him of his life when a motive is shown then it is time tor for the prosecution to ask for conviction our oar plea is that of insanity a plea allowed by law to all atlas it Is a defence founded on humanity and though sometimes abused it should no more be questioned when founded upon facts and interposed honestly any tiny more than the question of a man protecting bis his own life by taking that of his adversary the question you are to try is whether this defendant was cespon bible or not on that fatal morning you would be false to your oaths did you not try this case on the la facts e to and the evidence what send this man non to the gallows bebau because be at some future time be might repeat his of offen fence col the admonition thou shall not kill applies to you yoa as well as to the defendant you are not to decide whether this man had lived a life of temperance or not but whether be he was responsible or not logical science has certainly adv advanced anted greatly the great and learned die district attorney is eng engaged aged in preparing papers in the church cases and then comes here at the eleventh hoar having by that science absorbed all the testimony and is enabled to talk for two and one halt half hours and ask twelve men to find a verdict of guilty how great must ba the science the prosecution has produced a peculiar theory something of this nature this man was a plain drunk drank and dillon shot simply tor for the pleasure of taking human life in order to carry out ont this theory they must gunst at once abandon their charge and drop it to murder in the second degree the evidence does not sustain their theory no stronger case bas has been made by the defence in a court of justice than has been presented here there are many pre a disposing causes for insanity WE the e prosecution has ridiculed ad the medical testimony yet they put three ex ox parts on the stand themselves these told us that one ot of tue tl greatest cause was hereditary Ansar insanity lity Is s transmissible this man Jube inherited tha the disease insanity it dillon who struck aras vas not malachi down mitchell in the broom bar it was the disease which was planted in bis big veins before bia his birth oy by hia his poor mother long 1 since inca gone to her grave no motive whatever has been shown for the deed the disease may strike him as a lash flash ina make ke 0 of 1 him a raving maniac or leave him in a stupor or take from him all bis his con this case cahnt be disposed of by the prosecuting attorney dimply im IT saying I 1 1 I demand his conviction diction for the good ol 01 society the man who honors ilia father and mother ai as the testimony shows defendant does is not the man to go into a barroom bar room and while in la bis his right mind shoot down a man without the slightest provocation or motive vs the tile discharge papers from the army were introduced to show what a brave man one to be admired th the a defendant bad had been la in bis his early life ao furore to bis his trouble and from this was traced the workings of the g germ e nu a ot 0 disease until the brain tars was undermined though barely perceptible and the disease waa was released la in all its powers luel by b the mental shock eustA sustained by b the infidelity of his wife the death of bis parents and bis big brother dan all of which were most eloquently elo and vividly portrayed before the jury I 1 jo d not wonder be he said that the people if ti this good city were aroused at I 1 the he killing kil lial and that there was ome zolas talk fit of lunching lynching lyn ching for wit it is a ter tible thing to strike ike a man down ia in the prime of life but bat this it 1 a city ot of law and older order the sober second thought baa has come grieve at mitchells cheles fl death and have pity tor for the living but hot conviction would not bring mitchell back to life to be struck down by an ila insane man is a as a if having been struck strack by an anani ulina mato object jathea pillon dillon in his own mind said if there is t I 1 can do for the widow and tte the children I 1 will do it fae be did not present the picture of a 06 cowboy who killed from rom mere bravado we ave must deal with ith the livia living giro mitchell has gone to the bourne from in which no traveler returns there seta sets the prisoner you are not to decide on the bringing to life of mitchell but to decide waa was dillon responsible or not when who n he he killed Alit mitchell choll the testimony bearing directly on insanity and bi dillons llona conduct alter atter bis his cifes perfidy were presented pre seated in detail the first picture was that of sigi ober ti temperate affectionate and brave bra e man mein the second picture disclosed a mind wrecked and ruined rained a heart torn with conflicting emotions A man stone stun iz with frenzy renzy whose af fit westons fed the disease instilled no tilled in the 0 blood from birth A man who th lofta 1 t consciousness from time to time committie comm bitting tim acts of violence and destruction st At daring these spells until one of them ended in the killing of mitchell bell both pictures pictured were eloquent and tar far reaching and fall lolly an sustained stal nod the reputation made by judge judge pows in cases Q of f unusual interest the court took a recess at 1245 12 45 until in order to attend to pleadings and sentences while jury was excused until 2 rpm p m at that time judge powers I 1 his argument and completed the ale plc I 1 I 1 I 1 I 1 tare ture of dillons life since his mind be came affected by epilepsy by lie then reviewed t the e expert testimony aa as brought oat out by the physicians who were called by both bides sides 11 and n d then eald said I 1 I 1 have illustrated 1 perhaps sufficient of the testimony by reference f arence to it to enable yon you to boid judge of met what who this man was at bis his own w home h alter iter june 1880 1890 the time of the trouble with bis his wife I 1 did this because you cannot judge of thial man after that time aa as the same man be he was before that lime time many have testified that dillon did not drink at all when he was doing things that no sane man would do yet the prose cu tion want you to believe that these deeds were the results of intoxicating liquors when they put no liquor in the man they will argue to you that the in man 6 n wanted to be a brute a jesse james but theory is knocked to the four winds winds of heaven by the testimony in this case the man who is faithful to bis big father and mother who has befriended himself and so many that a whole town cornea comes down to testify in his behalf cannot be ouch such a man the testimony from the time dillon started for ogden until the morning of the shooting bis his actions in the jail and id in the penitentiary were then passed over in minuteness and he then continued you have a man there naturally bright and intelligent buffering suffering more than any man I 1 know of mentally he lie comes here and commits an act of which he knows nothing if I 1 could say a word that would safe save this unfortunate man I 1 would do it the testimony in this case shows that I 1 am defending a man who is to be pitied a man buffering suffering from a mental disease the law does not as say that you shall convict a man who T is a unconscious of what be he does no man is guilty of crime who is a lunatic insane or unconscious of bis his acts and that is the question could dillon withhold his band hand when he fired the fatal shot knowing as so I 1 do that I 1 stand between djury a jury and one who is in oppressed a man who is naturally all that a man could be one who loved and honored his father mother and brother who loved and worshiped his big wife who spurned him with her terrible actions causing him to become an outcast mentally in this world I 1 feel this that if you extend mercy which is godlike god like to the least of human creatures rea tures you will perform an act which will wipe away many an act of commission or omission you have the opportunity to give this poor man the benefit of a reasonable doubt you have the opportunity to do the greatest injustice thle possible to man but I 1 leave this case c a s e with you foi for I 1 have faith that twelve men cannot be found to consign to a felons cell one who suffers under the calamities under which this man coffers suffers mr sir allison closed bis his argument for the prosecution he ile said at the outset it may seem strange that the prosecution ask you to descend from heaven where judge powers has left you to things of this earth which we all understand I 1 simply desire to discuss with you the evidence in this case at in my urgent request mr varian opened opened t this his case and it is unjust to mr varian mr aft powers broke in and disclaimed any intention of Blau dering mr varian mr sir allison continued the thi act itself and all the circumstances surrounding it are practically admitted by the defence the defence relied upon is simply that be bad no criminal aira uira in a tent that he bad no mind our law says that the burden of proof is upon the tha defendant mr varian madette made the statement that this question involved the penetration odthe of the mind of a human being we are entitled to presume that a man is sane until proved otherwise we assume that dillon was sane when he went into the broom hotel and met mitchell they claim that the man bad had no power over bis hie mind whatever there are a great many men in this world who are eccentric and odd if any such man had been watched as this man has I 1 am free to say that be would become insane mr dizon dixon himself as he talked to the jury frequently frequently dropped a word forgot it an and yet all such things happening the defendant have been brought up as symptoms of insanity the insanity presented Is a very convenient insanity insanity is the last resort the last act of every man who has committed an act of unjustifiable offence offense they select any form of insanity that was clear and well defined it was the form about which the medical fraternity knows the least it if such de do fences can be made in courts of justice justies there a man who commits a crime bat but what be he can prove that prior in bis big history a drunken fit sleeplessness or any of the symptoms shown hown in this case existed all in men an would go unpunished there is no claim made but what dillon was born with a mind as bright and intellectual as an judge powers himself and it was BO so an until tit be bs reached the time of 30 years year of 1 I age IV why by was it it hereditary epilepsy was larking in his veins that it waited until he reached the time that be he went into the saloon business just at the very time be he became a bully and disregarded the tile rules of human welfare it made md its d a appearance ea raco why did it come then because be had violated the laws of bis his country and the physical laws of nature if men w were e a tern I 1 bitted to put in pleas that they co could a id not restrain themselves as dillon did when he shot hi his a brother no man commits a crime co could 11 ld be convicted dillon had bom some desire when be he entered the saloon at the broom hotel if be he bad had not he would have i ww wandered listlessly about or done something n unnatural nna tural la in there anything thing strange or unnatural in anything anT di dillons long conduct on the in morning 0 aning of the shooting 7 I 1 submit that tha lander he beaded acted as any man might do when under the in influence a sony ence of liquor ai as dillon waa was a at t that time because dillon soaked his system with liquor every day of his hie visit here the defence say be he could quid not help it Is that any defence won 1 dalt help would be nearer to the troth I 1 h could dillon restrain himself when be he polled pulled that gun a n an insane man hag has no choice I 1 I 1 ea ear that dillon bad had power t to a restrain reea himself be he bad exhibited that powei on one occasion a short time before before this man has reached the age of SO up to this time tle tole man ha has looked after all his affairs and ac camu cumulated an immense amount of money ills ilia insanity baa has not interfered with the perfect hand handling linz of his hi affairs no this defence has his been trumped up why did be he not consult c on a physician when be he had t these bese fifteen hour enells of unconsciousness or one of these fits why has not some physician of rawlins been beep placed upon the witness stand to testify to having treated dillon for this terrible malady which the defence claim has been undermining the mand man d mind simply because it never was of sufficient consequence take the character chara ater oter of the man 90 a shown in the evidence itis it la shown that dillon gained an uncontrollable able appetite for intoxicants after the infidelity of his wife and althou although gl I 1 the defence clilia that it has not been I 1 0 shown that dillon drank in pawling rawlins his own testimony acknowledged tha that be he drank dranka a great deal the man sho shot hia his own brother when be was sober because of the trouble with his wife why hundreds of cases of infidelity come up before hia his honor and then there is no talk of insanity upon the oc casion of his learning of bis his cifes in fidelity dillon bowed showed by the treatment of his wife that he be was a passionate man by his own testimony be he eald said be could not trust himself when a man simulates he cannot so feign insanity as to be beyond detec tion here we find dillon unable tc to remember the date or even the month of hia his marriage yet in describing circumstance he declares that it bap hap bened four months after bis his marriage rued billens bil lons memory ot of his trip to the hot spriest springs was clear clear enough even on little details ails which make no difference in the case I 1 claim that the proof of this long debauch is from the lipa lips of the defendant himself when be he says 1 I must have drunk drank a good deal from what my friends tell me I 1 think the story about the electric lights in rawlins and the following unconsciousness is one of the strangest stones I 1 ever beard heard it all goes to show that this defence epileptic insanity is an absurd proposition but bat recently trumped up after the shooting of mitchell all the men alo have testified to dillons fits and unconsciousness were the bartenders and gamblers in la dillons Di llona employ |