The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-03-07
MAKE KILLING UNPOPULAR.

Chief Justice Zane has again shown
that he has no sympathy with law
breakers, and no patience with the hip
pocket portion of humanity. The
demonstration was made yesterday in
passing sentence on Neal Mulloy, the
man who slew Hughes in Park City
last August. That the jury should
have found verdict of murder in the
second degree, seems somewhat re-
markable to those who heard or read
the testimony; as the judge remarked,
there were few, if any, extenuating
circumstances, in the opinion of most
people the case coming very close to
being one of willful, if not deliber-
ate murder. However, we are not find
Ing fault with the jury. 1t did its duty
oonscientiously, and commercially
leaned to the side of mercy. His Honor
took cogn'zance of the triers' recon-
mendatlon, though to do so was evil
IDENTIFY against his conception of what
would be justice in the case, and SEN
fenced the killer 10 three years less i'm
prisonment than the law permitted.
Perhaps the punishment will be Sc !
we're enough, all things being taken |
Into account. The law does not con-
templa that every fellow will carry
pistol and use it on either slight or
grave provocaiion; but sometimes, and
IN some places, society gets into such
a condition of roughness:and reckless
ness that killing is not the great crime
that it is at other times and elsewhere.
1t was this fact, doubtless, which ha
It's weight upon the jury, influencing il
to return verdict for the lesser
offense. The pistol pocket has never
been a badge of respe liability in
Utah; il has been frowned u;o1
'y the people and by the laws,
Ind we hope that hereafter the courts
viii be more earnest and more vigorous
n their efferts to abolish it. Those who
ill have been treated with too much
and too little severity. So
many have escaped punishment o. been
objected to only light penalties, that
he impression has formed in the minds =
# certain element that it is not very
arious thing to shoot man down who
lisagrees with them, or who happens to I
tand in their way. They use the pistol
is argument, arbitrator ana aYenger,
,ut seldom as protector. It is high
ime that check was put upon this 4
ort of thing, and men made to under
tand that the only occasion when
he law permits the use of
he "gun" which SO many
larry is when its use is in
1t is time that his was
he understanding in saloons and in
mining camps, as well as in sober,
Iuiet, slow-going communities. It T
hould also be made plain that whisky L
loes not provide legal excuse for muir
Ter, and that intoxication does OF re-
ieve the criminal fir m the RESPONSE
3ility for his crime.
fudge Zane can have his way
believe that unlawful killings wiz
come unpopular, and the kille'
cease to be heroes; that life -, - W., VIZ
safe in a niuing camp as else - w.. ~ %
that the undesirable eieme .. -. 49,, 80
which delights in the oinnookot nil,
not boom the Utah cr nata ~ p 49,. w.. w.
most healthful ans most dosirah I W. ~
the continent. 2 he Mullov sentence
ana the e@iue ness and determination
displayed by His Honor in pronounc;ng
it, should and doubtless will have an
exceiep.t effect on others than the ur-
fortnuate man whose viciousness and
reckessness have doomed him to penal
servitude for what should be the best
years of his life.