PLEASE THE COURT, AND GENTLEMEN OF THE JURY—With the blessing of the Almighty, although not in a proper state of health, I feel disposed to offer a few reasons, and to present a few arguments, and perhaps a few authorities, upon the point in question. In the first place, I will say, gentlemen of the Jury, you will have to bear with me in my manner of communication, being but a new member of the bar, and unaccustomed to addressing a Jury. The case upon which I am called to address you is one of no small moment. It is one which presents before you, and to investigate which involves, the life of a fellow-citizen.
I am not prepared to refer to authorities on legal points, as I would have been had not the trial been so hasty; but as it is, I shall present my arguments upon a plain, simple principle of reasoning. Not being acquainted with the dead languages, I shall simply talk the common mountain English, without reference to anything that may be technical. All I want is simple truth and justice. This defendant asks not his life, if he deserves to die; but if he has done nothing but an act of justice, he wishes that justice awarded to him.
It is highly probable that the manner in which I may present my arguments, may be exceptionable to the learned, or to the technical policy of modern times; be that as it may, the plain simple truth is what I am aiming at.
I am happy to behold an intelligent jury, who are looking for justice instead of some dark, sly, or technical course by which to bias their judgment. I shall refer in the first instance to an item of law, which was quoted by the learned prosecutor yesterday, in which he stated to this jury, that the person killed should be, or must be, a reasonable creature. Now what dark meaning, what unknown interpretation the learned and deep-read men of law may give by which to interpret this language, it is impossible for me to say; as I said before, it is the plain mountain English I profess to talk. It was admitted on the part of the prosecution, that James Monroe, who is alleged in this indictment to have been killed by Howard Egan, had seduced Egan's wife; that he had come into this place in the absence of her husband, and had seduced his family, in consequence of which, an illegitimate child had been brought into the world; and the disgrace which must arise from such a transaction in his family, had fallen on the head of the defendant. This was admitted by the prosecution. Now, gentlemen of the jury, according to plain mountain English, a reasonable creature will not commit such an outrage upon his fellow man; that is the plain positive truth, as we understand things.
But, perhaps, this defendant is to be tried by the laws of England, and perhaps in England they have a different understanding of the passage. Suppose I admit it for argument's sake. It was a point repeatedly argued and decided by Chancellor Kent, that every honest man was a lawyer, and that the intent of the law was to do justice. The Statute or Organic Law of Utah, which extends the laws of the United States, and secondly, in a degree, the laws of England, over this country, makes a reservation in the matter, which reservation I wish you to consider favorably, for the benefit of my client—"The laws of the United States are hereby extended, and decreed to be in force for said territory, so far as the same or any provision thereof may be applicable." Now we do not consider the wise legislators extended these laws over this territory, only that they should be extended where they should be applicable; they no doubt supposed they might not be applicable in certain cases, and therefore wisely inserted that clause. Then, if a law is to be in force upon us, it must be plain and simple to the understanding, and be applicable to our situation.
I will quote history instead of law. I will go back to the time when Rome was a young and flourishing state; when in the midst of prosperity they thought proper to procure a code of laws; and being wilderness men, they sent to the wise and learned Greeks for a code of laws. The wisest lawyers of Greece were selected, who formed first a code written upon ten tables, and finally added two others, which were received by the Roman Senate. Now I wish you to understand me as bringing this up by way of illustration, knowing that these men before me are sworn to execute justice, and if I can illustrate this to their understanding, one point is gained, so far as it has a bearing upon this case.