Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-09-11
JUSTICE vs.. POPULAR CLAMoR.

THE comments Of our correspond
ent "Justitia, E" whose communica-
ton appeared in Tuesdays NEWS.
were, in many respects, strikingIy
just, especially with regard to the
treatment, by portion Of the local
press, Of Loader, accused OF being
implicated in the murder of the late
James E. Caine. The treatment
complained of was such rs might
have been accorded to a man con-
victed, in place OF being merely ac-
eGsei, Of heinOCs crime.
The force Of this flct Is increased
when the slender character Of the
evidence against Loader is con-
sidered. We though. at the time Of
the Investigation concerning it that
the thread Of the testimony was so
slight as to barely justify the hold
ing Of the accused. The chief basis
for the action Of the magistrate
must surely have been the gravity
OF the crime that had been
committed, combined with the hare
possibility OF Obtaining further evil
dence in the interim Between the
preliminary examination and the
inquiry Of the grand jury.
The horrible deed which has Justly
aroused so much popular indigna-
ton, was committed on First South
Street. between Second and Third
East The perpetrators, in order to
escape capture, ran up a lane.
climbed a fence, and disappeared in
the heart Of the block, which was
by the prompt action Of the Chief Of
Police, quickly surrounded and men,
etrated by officers. About forty
minutes after the crime. Loader
walked westward along the north
side Of the block to the northwest
corner, where he was arrested by
the officer there stationed. He was
taken to the city, hall, ania charge
oil drunkenness entered against him.
He was adjudgei guilty Of this ne,tv
ohense The next morning and fined
five dollars, it not appearing then
that there was any grouni for hold
ing him on a charge Of mixing the.
deadly assau. on 3Ir. Caine. On
this grave accusation he was sahse-
quently arrested anl SUBJECTED to
examination.
the theory OF the prosecution
must have been, ia. the absence oil
anything like Identification By Wit
nesses who saw the assault com
United, ~ That Loader came oat Of
the middle OF the bl)ck T. the north
side and walked westward. because
no one passeI in the liter direc-
ton from the northeast corner.
where an officer was stationed. ~
There was probability OF guilt be-
cause Loader coIlI give no cielr
account Of himself.
Against this basis Of presumption
is ~ That Loader may, being ill.,
toxicated, have refined on the
sidewalk for some time and thus
slept Of portion OF the effects OF
his pOtatiOns, or my have crossed
from the north side of the street.
(2) His inability TO give an inteln-
gent account Of his previous where
abouts may have been caused by
stupidity arising from iu.oxicatipn.
tsl The agility displayed BY the
marderers is opposed to the theory
that either Of them was drunk.
While, under the circumstances,
the court, il it did not merely
pander to popular prejudice aud /
passion, may have been justified in
holding the defendant, in anticina-
ton Of further aud clearer develop
ments arising, the prisoner was, on
all sides, entitled 70 treatment
based on the legal presump-
ton ofinnoceace. And while the
relatives Of the victim Of the foul
deed that has evoked universal exc
Grafton would naturally desire to see
the guilty parties punished as they
deserve to be, it would, we have no
doubt, be most repugnant 10 their
feelings to have any innocent man
injured In an effort 10 secure the
real criminals. Popular thirst for a