Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-07-11
uNJUsrrFfABLE CRITICISM.

NTDtre ~ great lhCh ol lnioihi"ii"h
among even intelligent people as TO the
proper conduct of legal contentious.
The rights Of defendants, the duties OF
attorneys, the procedure Of courts both
civil and criminal are not well defined
IN public thought, and therefore, many
foolish notions and ill-adyised re-
marks are the consequence. OCCASION
ally something very much worse grows
ont OF this misunderstanding, an Illus
tration of which is presented today In
another part OF this issue Of the Des-
eret News.
We have heard people express great
surprise when an accused person
against whom evidence seems complete,
pleads mot guilty" to the complaint,
or when his attorneys make legal de-
mails of charges preferred, while, II Is
thought. they are perfectly cognizant
Of the facts In the case. Such persons
Do not seem TO comprehend the theory
that the accused is, in law, presumed
to be innocent until he is proven guilty
by fair trial, and after sufficient evil
dence is presented 20 convict This
trial cannot take place In due form, un-
I'll o plea is entered and the charges
are substantiatei. The defendant has
a right to use every means provided
by law TO protect himself, and those
'technicalities' which are popularity de-
nounced are part OF his lawful priyI-
leges,
Every person accused Of crime has
the right TO the aid Of lawyer or
lawyers in his defense. II he is unable
10 pay for that assistance the court
will appoint someone TO act In his be-
half. and the State Will pay the ex-
pense, The attorney. whether chosen
by the accused or appointed by the
court. is expected, and II becomes his
duty TO do everything that is lawful
on behalf OF his client. He would be
under judicial censure. and the con-
tempt OF his associates at the bar, II
he wIlfully or lndifferently failed TO
take advantage Of every legal privi-
lege and technically In defense of his
client.
Coming to the Mortensen case, which
Is once more brought prominently be-
fore the public because Of the threaten
Ing letter sent to the prisoners counsel,
a facsimile OF which is printed in this
paper the Deseret News desires TO
state, most emphatlcally, that the CEN
sure which is being passed by some
people upon the gentlemen engaged in
the defense is unwaranted, out Of
plaza, and when 1t reaches the spirit
manifested in that communication, is
unlawful, unjustifiable and criminal.
The Stewart brothers entered upon
the Mortensen case, as we are oredlbly
informed. with a sincere assurance that
he was innocent OF the crime alleged
against him, and the commission OF
which he vehemently denies to them at
the present date. They determined
however, that they would not elye
eountenance to anything underhanded
or which could not be borne out by
facts or by reliable testimony, A prop
osition from outside parties, which was
so plausible as to constitute as near
perfect q defense as could be devised by
human cunning. and which II followed
would have probably cleared the ac-
cused, at considerable cost. however, to
he state, was peremptorlly rejected by
he Stewards. who determined to con-
iuot the matter with hands absolutely
lean. This course they have pursued
through every stage Of the proceedings.
There are differences OF opinion con-
sernlng some Of the steps taken which
delayed the course OF justice. too long
or the impatient minds that found
he defendant guilty long before the
ury rendered their verdict. But we be-
Ieye those who understand legal pro-
edure best will aeauIt the attorneys
q anything unprofessional Even
low the prisoner has the undoubted
ight 10 move for new trial. In the
vent that this is denied be has the
light of appeal to the Supreme court
( the state The decision Of that court |
IN be judicial finality, unless the |
ase should be remanded to the lower
ourt. II cannot be carried 20 any |
curt outside of this State, His at
orneys are doing nothing improper in |
Intending TO the legal formalIties to
ecure his rights. II would not help |
he matter particle II they were 10
etire. The court would. in all prob
bilIty, appoint some member Of the
ar to take up the case where they left
Z of. and no one Is as familiar as they
re with all the particulars relating to
/. They are In duty bound TO pursue
be case TO its fun completion.
Why should there be such intense de-
Ire for haste In the execution OF the
.w in this instance? II arises out OF
ympathy forA he murdered gentleman
ma his family connections. and from
n belief in the guilt Of the convicted
iisonor Of crime that is unusually |
1rocious in its character. But this
,es NOT In the smallest degree justify
seh expressions as are found in the
tier which We reproduce, and which
fear voice the feelings Of a number
individuals who, u they would ana
le their own feelings. would discoy-