Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-12-17
JURIES AND CRIMINALS IN
UTAH.

JCRtES AND CRIMINALS u
UTAH.
IN SETTING asiue the verdict o.
the jury in the Stocking Gaze thers
is one more proc. OF the sense ol
justice ami disregard OF party in.
iiuences which has been exhibited
OF late by Chief Justice Zane.
1t viii be remembered that the
defeE liant was convicted of perjury.
Tor n liking complaint against man
named Tarpey for illegal voting a,
the last municipal election. The
verdict was astonishing, in view OF
the evidence aiduced. To US il
seemed clear that Tarpey was not
entitled TO vote apd that he wa
Improperly permitted TO do so
But be this Is it may, ii was obvious
that MIR. Stocking had ample rea-
sons for the course he took, and il
Is fact that everything 10 which
he ma lie affidavit turned out TO 5e
correct, and If it can be claimed
that rarpey vas q Resident Of thu
city within the meaning OF the law,
at the most Mr.. Stocking merely
made a mistake.
TO tonmit perjury person mlst
wiifully swear to that which ne
KIN Tvs or believes to be false. This
element of intent was palpably ab
sent in the Stocking case. Aud
when jury Of his political oppo-
neuts convicted him of a crime
that it was clear he had no intent
10 CON nit, disgust that partizan
feeling should be carried . this ex
tent was felt by all classes of the
Community.
Judge Zane stated that he was
sarprisei at the Yer iict, ami very
properly, in our opinion, exercised
his Judicial authority to set aside
the Verdict, bsca I-e it was clearly
contrary TO the evidence.
We hope 70 STE the time when
trial 10y jury val have its true six
MITIGATION and effect AMI force in
Utah As the tim--h inored system
was INTENDED 10 have. After the
municipal election several violators
OF the law ought 10 have been
Prosecuted. Tney We're not then.
because such tests IS Were
made proved that there was no like
ih)od Of bringing the criminals to
Justice The jdries were Composed |
of parlizius Of the offenders, and ia 1
such cases as we're brought the ac-
cused were set scot free.
The Utah Commission, when |
supplied with Information cOncern-
ing some OF their Experimentation
toey claimed 10 be -'discIeet men"
OF ''honor aud hich
would have been proof enough II
they were ''NOrmous: 10 have sent
them to the psuitentiary, mocklng-
ly referred their infvrmanis To the
courts. The Commission knew as
well as we thai sueh al appeal at The
time would have been not only
farce, but would have expnSed the
complainauts 10 prosecution and
PERHAPS suit for libel.
What chance was there for justice,
even from the grand jury? wouiu
they have indicted the men who
figured in the frauds perpetrated on
the Rio Grande Western? Not ,
likely.
Take the case OF a minor offender.
In the First Precinct II. Y. Mitch ,
ell voted, WIS charged win lille gal
voting, anu, 10y his own confession
before the justice, had not bernin the :
Territory SIX months before The day I
oil election. lie was committed 10 ,
the grand jury Fec. Il, 1899. He :
was a ''Librrai, ami that "Liber- T
al" body promptly ignored the case
F. NJ Wilson was .efUre The Jus =
tice in the same precinct on Feb.
q. for illegal voting, and by trIi- ,
ing technically, "a mere SCRATCH" I
escaped commitTal. \ member Of
the grand ju.y subsequently mel
the Justice and, knowing nothing
Of the merits Of the case, asked hIui
what he had done with Wilson. /;
When tpli he had been Discharged :
he Remarked: well yCu might a.
well, for ire lgoHid hace DINE nJth-
ing Nth ht8i.''
Take the case OF the ''Liberal''
calprit Allen, VINO changed the
votes as judge Of election in the
Fourth Precinct. When frs. &C. {
cused Of the offznse he started
suit against the gentleman who haJ p
been cheated out OF his office by thi> =
impuden; criminals viilGicy. ALEU- ;,
was discharged - the Comrhi- :
'iOner, but was virtually condemned 81,
~ Judge Zane. II this course hal not d,
been taken by MS Honor, it is not im- +
probable that the gentleman who =
vas proven to have been elected, 9,
instead Of taking his post wUulu 10
nave been placed a. the bar in Il =
imilar position to that OF Mr.. Stock :
ne. a
A few such lessons as have been m
aught by Judge Zine's firm posi- %
ion. and the course OF Prosecuting q.
Attorney Evan. at Ogden, will con- tn
ey the idea that Justice may BE- re
one in spite Of the i'srtizan feeling NJ
hat is allowed to sway gr.ni anu Tn
etit Jurors in Utah. We believe "a,
here is get time 70 bring 10 bar the et,
erpetratjrs Of the frauds of last tr.
inter, aud We hope TO see them
nd their acts held up to the public we
aze ani dealt with According 10 Pi
lhSc justice. he,
=- I'll
DEATH OF BISHOP ATWOOD.
APP