Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-05-26

tute together sufficient evidence to sat-
isfy an impartial jury
1t should be observed that court has
not the right to throw out the testl-
mony Of witness on the ground that
he or she was an accomplish IN the Of
fence. A foot note TO the section we
have quoted shows that the Utah
courts have ruled:
"a witness In criminal prosecution
Is not incompetent on the ground lhat
he Is an accomplice with the prisoner
on trial in the particular crime which
Is the subject OF indictment, and II the
testimony of such witness Is believed
by the jury, the prisoner may be legally
convicted upon IT,"
We think that the law is all right
in this particular, and II administered
according to the spirit and meaning
thereof, II is equally for the protection
Of the complainant and the defendant.
In such cases, however. great deal
depends upon the court sitting to hear
the case. Everything that relates to It
should be considered, and all evidence
relevant 10 It ought to be admitted, so
that the jury may be able to arrive at
a just conclusion.
We agree with our correspondent, to
some extent, In his criticism upon the
course pursued by many attorneys who
DO not want a witness to tell "the
whole truth" but will stop them, d.
vert them from the evidence they en-
deayor TO give, confuse them. brow
beat them and strive rather to batter
down than elicit the whole truth touch
ing the case. Witnesses are some
times given 10 prolixity and TO deyia-
lions from the straight path OF evil
denee. They are like many people,
who, when relating some occurrence
wander Off TO the right or the left and
Introduce extraneous remarks which
emily bewllder the listener, and
sometimes lose the chief point
of their explanation. Every
thing that does not relate
to the case on trial should be shut out
from the testimony; but, on the other
hand, II seems to us that courts ought
to take the part Of witnesses who are
endeayoring 10 tell the whole, plain and
simple truth, no matter how much It
may dlsplease the attorneys on either
side.
1t often occurs that IN delicate cases
like those referred TO by our corre-
spOndent, there is great difficulty in OBJ
tanning direct, corroborating evidence
to support the testimony Of the COM
planning witness. But II there Is a dis
position on the part Of the court and
the jury to receive everything that can
be legally and logically introduced for
that purpose, fewer defendants win
be able to take advantage OF the laws
provision which we have quoted, and
escape the consequences OF their crime
and perldy because Of the secrecy
which attended the offense.
Our friend who critlczes the law does
not offer anything by way of it's amend.
ment, nor do we think II should be
changed In the particular point which
Is to him Objectionable, II would never
do to make a person accused of an Of
Tense OF the character mentioned, la
BILE TO conviction on the unsupported
statement OF an admitted accomplish.
An entirely innocent person might be
convicted through the spite OF an enc
my or the perjury Of reckless, jealous
or ylndlotIve woman.
Cases that have come before the
courts in different parts Of the State
should form object lessons to girls and
young women In this community, and
prove warning TO them as to their per-
sonal conduct There are In almost
every part OF the civilized world, plaus.
ible scoundrels who take a delight In
leading asiray condding and innocent
victims, and then leaving them to bear
the consequences Of their frallty and
conhdIng affection. The ease with
which many Of these cases can be
turned TO the advantage OF the betrayer
and the sorrow and ruin Of the be-
trayed, receives many striking illustra-
tons II is only In the straight path
Of right and virtue that safety lies. and
that lesson should be taught 10y parents
and guardians and listened to and
needed by every young lady in this
State.