Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-10-03
RIGHTS OF DEFENDANTS,

A case before the courts In this DIS
trict Is attracting some attention Two
young men, one OF whom at
least appears to be pretty wen
known and regarded as respecta-
Bile. were arrested on suspicion of hav-
,ng held up and robbed a gentleman IN
the street at night who identified them
rs his assailants The question of thelr
guilt or innocence will have to be de-
cided according to the evidence at the
trial. Opinion on either side does not
count.
There Is a matter however assoel-
ated with this case that requires some
comment. It appears that the young
men have been detained Nr number
, Of days in custody, without judicial eX-
animation Of their case, and II Is al
legged, without opportunity of securing
the aid OF counsel or communication
with their friends. Also that they have
been subjected TO the process known IN
! police circles as Sweating" We regard
all this as improper and contrary
to the spirit and letter of the law.
We are informed that the complaints
filed against these defendants were
mislaid, and hence the delay in giving
4 them a judicial hearing 1t may be
/ that the stories circulated concerning
! their treatment in the city Jail have
been somewhat exaggerated, but the
Z delay in bringing them before mag
I istrate reflects severely on the police
department. There IS a remedy for this
provided by the law.
Now, in regard 10 this so-called
1 seweating" process. II is INDUCED In,
! frequently, by officers Of the law m
different parts of the United states
4 What right they have to pursue this
n course we fail to perceive We regard
n A. as a relic of the middle ages when
y prisoners we're put to the torture TO
Il compel them TO confess their crimes or
n reveal The names OF their accomplces'
\ In modern jurisprudence, however the
\ theory obtains that an accused person
h Is to be considered innocent until he Is
proven guilty, Also that no defendant
IS required TO criminate himself In
4 England officers are commanded, even
: when a prisoner attempts to make
. statement duplicating himself to warn
! him that anything he may say will be
, used in evidence against him, If they
q fail TO do SO, they are severely cen-
q sured for the omission, and the ohense,
Sc repeated, is followed by dismissal from
office,
We can understand the purpose Of the
officers in endeavorlng to obtain clues
when a crime has been committed so
81 that they may be able TO apprehend the
y Terminals and bring them 10 Justice
But where do they obtain authority TO
ply an arrested person with questions
and cross questions, and put him to
mental torture so great that they them
selves call st sweating a prisoner IN
order to trap him In his answers or eS-
hort from him a confession OF guilt 2
The end in view may be desirable and
proper. but the process TO reach IL is
rondemnable. II there is authority for
II in law. the provision ought to be re.
oealed. II there is not. the practice
ought to be put an end TO.
Officers lawyers and judges should
be impressed with the truth that prIs-
oners, accused persons and wiinesses
have rights before the Law. "hfs.
uught to be respected Not orly an.l't
This sweating" business be stopp
but brow beating lawyers osught 10 b
sileneed when they abuse witnesses ds
PENDANTS or opposing attorneys. Th.
roufse pursued by some members o.
the bar IS thoroughly disTaoeful an'
nescusable. We do not underslan.
Ehy courts that have any seif-respe'
permit such language 10 be used As BE-
tonlnon 10 criminal trials. Reform 7
sedsd in all these matters. and $50
Iope TO live long enough 70 see IL ~
ected IN Utah, as well as ~ other pari
h ths4~f Cnlted States.