The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-12-05
LIBERAL JURIES AND PEOPLES PARTY
DEFENDANTS.

The verdict Of the jury in trial that
concluded Tuesday last in the Third judi
cial district court Of this territory, illus
trates, in view of the facts, the Infamous
condition of our jury laws.
On the day of our last municipal election,
JOHN j. STOCKING swore out complaint
alleging that ID. p. TARPEY was not resi-
dent of this city and had voted in violation
oflaw. TARPEY was arrested upon war
rant issued by Justice Burton, but for sew
eral reasons the case was not pushed and
MIR. TARPEY was discharged At the in
stance of the latter, the grand jury found
an Indictment against Mr.. STOCKING,
charging that he had knowingly and will
fully periured himself in alleging that Mr..
TARPEY was nota resident and therefore
not qualified voter.
The trial OF the accused occurred the
early part of this week. The evidence was
as follows: That Mr.. TARPEY, previous to
1854, had resided in San Francisco; that in
that year he removed with his family to
Corinne, where he continued to reside, as
the land agent of the Central Pacific rail
road company, until the fall Of 1887, when
he removed his family to San Francisco
with the intention of having them spend
the winter there; an intention which was
soon so far modified that Mr.. TARPEY
rented an unfurnished house, which he
furnished throughout, and which his family
has continued to occupy, except during one
or two brief visits to Corinne and this city,
until September of the present year. Mr..
m. no
been very much of nomad, with his head
quarters at the Metropolitan hotel in this
city, but it seems, that when business has
not kept him in this territory or Nevada,
he has returned to the bosom of his family
where he has spent an indeterminate but
considerable portion of his time. That Mr..
TARPEY, upon learning that Receiver
DYER was renting the Gardo house for S75
per month, sought to lease it, for what
purpose did not appear, for the sum of 500
per month. That last winter he purchased
piece of residence property; and that
since September last his wife and family
have resided in this city. That in 1SSS Mr.
TARPEY was school trustee and u member
of the city council at Corinne, the term of
at least one of which offices probably ex-
tended to June, 1889.
The evidence for the defense was, in ad-
dition 10 the defensive facts set forth above.
that MIR. STOCKING was acting as special
police officer of this city on election day
that he had known that Mr.. TARPEY was a
resident of Corinne, having met him there
on several occasions, one of which was as
late as year or year and half before
the election; that on the day of election
BRIGHAM WRIGHT, of Box Elder county,
met the defendant, with whom he was
acquainted, and informed MIN that Mr..
TARPEY had voted and that he, WhIGHT,
was satisfied that TARPEY was a resident
of Corinne; that the defendant thereupon
stated the case to several persons and was
told that he should swear out complaint
which he proceeded to do with the conse-
ouences above detailed.
1t is contended by the defence that the
facts brought out in evidence showed thai
MIR TARPEY was a nonresident, and that
therefore the complaint was true; that
even if thesfact of Mr.. TARPEY's non-resi-
dence was not established by the evidence
and the jury were convinced that the com.
plant was in fart false, yet there had moi
been adduced one scintIlla Of evidence tc
show that the defendant knew, believed, OF
even suspected that he was stating tha
which was false.
The law appears to be well settled tina
perjury consists of making false state
ment anoDingly; that it is not enough Il
show that the accused acted mistakingly
~,
that would not carry conviction to the minC
of the average man; it must be affirma
lively shown, beyond a reasonable doubt
that the charge was made deliberatel,
and falsely. The case seemed so clear tina
we are informed attorneys and spectator
agreed that the verdict would certainly b
one of acquittal.
But, and here is where the infamy OF on
jury system is seen, the defendant,
Peoples party man, who had caused
Liberal to be arrested for an alleged cleo
ton offense, was tried before jury o
twelve men, not more than one, if indee
there was one, belonging to the politica
party of the defendant. Liberals wer
called in, in political case, involving to
certain extent the animosities and tn
high feelings of the recent municipal can
paign, to sit in Judgment on a hapless mem
Der of the Peoples party.
Wiser men suspected that he went Their
bound and gagged, and would necessary
fall victim to the prejudice of twelve hos
tile men; but it was impossible to escap
from that unhappy condition of affairs
our laws now operate so that all of the reg
ular panel of jurymen are selected by tw
Liberal officials, and while perhaps, in tn
majority OF cases it makes little differenc
who the iurymen are, SO long as they ar
competent and honest, yet in certain classe
of cases in which local prejudices ar
aroused, it is absolutely essential to jus
tlce that the juries should be in part i'm
partial, and that if prejudice is to have an
sway, both parties may have a chance. !
virtual confession of the innocence of tn
accused was found in the verdict of tn
jury who found him guilty, but earnestl
recommended him to the mercy of th
court; recommendation which, in vie,
of the fact that the essenc
of the crime of perjury is know
ingly swearing falsely, is obviou
confession that this heinous offense ha
not been proven to the satisfaction of til
jury 1t is asserted, moreover, that q
least six Of the iurymen were comparativ