Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1886-12-30
JUSTICE TO LIVING AND DEAD.


With fuller knowledge of the law and
facts in the case OF the killing of Dalton
by Deputy Marshal Thompson, there has
been notable change in public opinion
concerning the criminalty or justification
OF the officers act. The reports which
were first circulated seemed to indicate
that the Deputy had acted either hastily
or carelessly, if not with actual criminal
intent. 1t was generally supposed-and
the DEMOCRAT shared the mistaken sup
position-that the law did not justify an
officer in taking the life OF person
charged with Dalton's offense, even if it |
was the only means to prevent his
escape. 1t appears, however, that the |
Territorial statutes do provide for the
adoption of such extreme measures, in
cases where the persons TO be arrested
are charged with crimes punishable by
imprisonment in the penitentiary. At
torneys well posted in National statutory
law assert that resistance to arrest by
person charged with violation OF any Fed
eral law, is at the peril OF the life of the
person making the such resistance-the
srresting officer being fully empowered
to take his life either in defense Of his
own, or to prevent the escape OF the
alleged criminal. II such is the law, the
Deputy Marshal was certainly guilty OF
off in, Of
at Parowan. In fact, he would have been
guilty Of gross deriliction OF duty had he
failed to avail himself OF any method
sdesignated by the law, which was neces-
sary to prevent the escape of the man he
was attempting to arrest. The designation
OF the means in such cases is in itself vir-
tually command to the official to adopt
them il necessary to effect the execution
OF the law, and an officer failing to do 50
violates his oath OF office, which binds
him to the faithful performance of his
duty. In this case the Deputy was at
tempting the arrest OF a man who had
twice escaped-once at least by violent
means-from custody. He was known
to have been desperate and dangerous
man. If reports are true, he had sent
threatening messages to the officers, de-
flying them to take him at the peril OF
their lives, and declaring his determine
ton never to be retaken except with the
loss of his own. He was mounted on q
fleet horse and would undoubtedly have
escaped, had he not been stopped by a
bullet from the weapon of the Deputy.
Had the officer been equally we'll
mounted; had pursued and oyertaken
Dalton, there is no question but it would
have been death struggle between the
two men, with at least equal chances that
the Deputy would have been the victim,
while his slayer would have been still at
large, a fugitive murderer as well
as violator OF minor criminal
law. 1t is, perhaps. natural that
sympathy should incline towards the
dead, but that is no reason why
justice should be withheld from the
living. If the officer took the life OF the
man without moral or legal justification,
he should suffer the consequences OF his
crime. He should, however, have fair
and impartial trial, uninfuenced by the
clamorous demands of those whose judg-
ments are based upon the denominational
relations OF the deceased, rather than the
circumstances and facts connected with
his death. If the law and the facts are
as represented to us, the act OF the officer
was certainly justifiable, both from a
moral and q legal standpoint, and it
would be cowardly in the law
abiding portion OF the community
to withhold from him its countenance and
moral support. There have been hundreds
or men killed in the execution of the
revenue laws, both officers and violators
OF the law. The latter have been shot
both for resisting and in attempting to
escape, and the officers have been held
blameless. There is no reason why
Deputy Thompson should be held to a
more strict accountability in this instance
than as though the arrest was being
made for moonshining instead OF un-
lawful cohabitation. Marshal Dyer acted
iu1iciously in revoking the deputy's ap-
pointment pending the legal investigation
OF the affair, Ii it should be proven that
the subordinate acted in accordance with
his official duty it may confidently be
predicted that his principal will not per-
NIT the clamor OF prejudice to withhold
his endorsement, or prevent his manifest
ing il by reinstating the deputy in his