The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1884-06-14
A COWARD JUDICIARY.

Al GhG IAO1OI7A AiobOIy Vi "a NV ~
there has seldom been seen such
glazing exhibition of moral cow
ardice on the part of judges IS ths
which the people of Utah are com
PEELED to witness in the three Jus
tees of the Supreme Court of tn
Territory. 1t is humiliating to thinl
that men occupying the exalted ans
responsible positions held by these
men can be go lacking in moral cour
age as Chief Justice John A. Hun.
ter, and his associates Philip II
Emerson and Stephen P.Twiss have
proven themselves to be. We print
their names in full because we want
to impress them upon all
who shall read as belong.
ing to men who have dis.
tingulshed themselves above other
judges in the exhibition of that
human dis ease, dIserder or affection,
known as pusillanimity which is so
loatbed and despised by brave and
manly men in all the walks IF life.
We want the country atiarge toknow
the names of these men who are so
wanting in the Yalor Of their otjn.
ions. We want the judges OF the
country to read the names OF these
persons making up the highest judi<
cial tribunel of a great and growing
commonwealth, who are so devoid of
that best principle of the best judges
the moral valor to stand by his
honest convictions. We want ali
to read these names and to carry
them in their memories as belongs
ing to three judges who are so
craven that they dare
not accept the respon ibility
for their acts, and who sneaki1 gly
shift it upon another. Their Conduct
is disgraceful, shameless and cow
ardly and will cause them to be def
pised by braye men and valorous
judges wherever their action is
known.
THE HERALD received the opin-
ion-or whatever it may be termed
of the Supreme Court Justices on
the motion for stay O; execution
in the Ropt Gaze, at a late hour on
Thursday night; and for a time
could not believe the copy was genu
inc; it could with difficulty persuade
itself that men were so lacking
in manhood as to make such an
order and recommendation, The
facts may be stated briefly: The
Supreme Court had sustained the
District Court which tried the case
in everything, and had denied
to the accused every point that he
sought to make In mitigation of
punishment or for the purposes of
delay, finally closing the gap en-
tirely between him and the higher
tribunal. He could appeal, it is
true, but long before his case could !
be heard worms would have Toasted |
on his carcass. The Aciing-Gover. |
nor, relying upon the regularity Of
the proceedings in all the courts, as
vouched for by the highest tribunal,
believing in the judges knowledge
CT the law, in their courage and in |
their pretended honesty Of purpose
to enforce the law, wisely and pro-
perly refused to interfere to defeat
the ends of Justice; it was not a
case for his interposition. and the
action taken by the court made it
highly improper for him to inter.
pose; to have Gone so
would have been equiya-
lent to saying that he, a Iayman
unlearIed in the law, knew more
Of the law than the Justices them
selves. There was no doubt "a to
the murderer's guilt; nobody enter
tanned the slightest misgiving in that
regard. Hence the only question
was che of law as applied to the
trial and the subsequent proceed
ngs in the higher court. This
matter the Supreme Court decided
againet the criminal, and in the
opinion of Thursday affirmed its
former position with emphasis.
The language is: "We have come TO
he conclusion, unanimously, as II
aid, before, to adhere to its former
decision in the matter" This Ia fol.
owed Immediately by: "The Court,
United unanimously in recommend
ng to the Governor, that he grant
/, repr'eve." Can enc conceive
Il a mean cowardly action? The