The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-06-04
Why SOFIA SHOULD nor Die.

II HE STATE BOARD or PAADON5
4 meets today to consider the case
Of Charles Botha. condemned to be shot
FOR killing william Tibbets and Ars-
Botha. The facts in the case have been
reviewed az length before. bat is IS
worth while to recount the points
which convince Tie Herald that Botha
should not suffer the death penalty.
Briefly stated. Tibbets was killed be-
cause he had planned the ruin of Blrs.
B0tha and had carried his plan out de-
Hberately In spite of Botha's warnings
Mrs. Botha was killed accidentally dur
ing the encounter. If Botha's story may
be believed, and no evidence to the
contrary is shown I'm the reeord
Whether this is true or not, the guilty
couple met death under circumstances
which show 5hat the accused man act-
ed under the greatest provocation pos
sible. Indeed. I'm NEST communities
the death he melted out to the destroy
er of his home and to the faithless
wife. under such circumstances would
have been regarded as merited even
though the law could not let him so
scathelesa
Tibbets had not only planned and
executed the betrayal Of the wife, but
he had taken her 20 his home in broad
daylight. advertising FER shame. his
own guilt and Botha's inability to pro-
tect his honor
In it's consideration OF the case here
tofore, the state board of pardons has
apparently been loath TO commute
Botha's sentence because of the senti-
meut against lenieucy 10 criminals but
this is most certainly a case where the
convicted man had uo adequate oppor-
tunity for defense; his attorney had
only half an hour FOR preparation be-
fore he went into court for Botha and
The transcript of evidence shows that
Botha had practically no chance OF
acquittal because-and only because
he was given no chance TO summon the
witnesses whose testimony would have
mitigated the severity of his sentence
The bare fact that B0tha made n1
attempt to escape, but rode nearly 20,
miles TO surrender himself to justice
is of itself presumptive evidence that
T he believed ne would set a fair hear
/ ing. His trial Yves q parody on justice
his condemnation of itself was bad
enough. and to execute him on the rec
/ ord of such a trial would reflect little
/ credit ON the court that sentenced him
or the board of pardOns that would
/ withhold mercy.
lit may be that Botha was unkind to
/ his wife. possibly, in his ignorance and
poverty he was vndtctivs in the pDr.
/ suit and execution of the man who hac
$50 cruelty Wronged him. Undoubtedly
/ the majesty of the law requires Lis
/ punishment. I'm spite of this, he hac
/ the bitterest provocation to vengeance
that can come to any mans life, ht
/ had been patient almost beyond belief
in the face of constant insult and out
rage; he had warned Tibbets of hi:
I danger time and again, after most mer
/ would have waited no longer for re-
veuge. He gave himself up volunta
/ rily. went into court without prepare
ton. was defended by a lawyer whi
/ should have refused to go 10 trial with
out further time for preparation and
the production of witnesses, and was
/ sentenced under conditions which pre-
cIuded the possibility of fair play OIL
common humanity I'm his hearing.
Botha ought not TO die and the board
of pardons VIII assume a very grave
/ responsibility if it permits him to b.
! executed