The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-09-28
UNIQUE PHASE OF
SH0CKLEY CASE
Could Death Sentence for Brighton
Murder Be Inflicted9
l00FB0UR0W SAYS YES"
BELIEF THAT SENTENCE WILL
BE LIFE IMPRISONMENT.
looFBOUROW SAYS YES"

Assuming. as will undoubtedly be the
case. that Judge George c. Armstrong
viii Impose a sentence of life imprlson-
ment on James Mcpherson Shockley when
me latter appears for sentence at 10
clock tomorrow morning and that Dis
Srlct Attorney Fred c. Loofbourow ad-
nsIes 10 his expressed determination TO
thoInas Brighton if ShOckIey esCaDeS The
aeath sentence for killing Amasa l. Glea-
son, a situation that is probably unique
al a tan legal annals will have devel-
L is not doubted that Judge Armstrong
VIII Follow the recommendation of the
jury and sentence ShOckley to life i'm
P4lsohInenJ. Judges almost invariably re-
spect recommendation of this charac-
ter and Judge Armstrong attitude. so
LSr as IL could be judged from his speech
charged them, did not indicate a dispo-
alton.
Fine Question of Law.
=, A well-known attorney expresses a be
net that a sentence OF death in the
tRbIlghton case would be Of no avail for
tHe reason thdt II could not be executed
uhtil Shockley served his first sentence.
ana by that time he will be dead. If
Shockiey were not sentenced for the muir
yer OF Gleason until after he had been
convicted OF the murder of Brighton,
there would be nO question as 10 the JUS
ice OF inns position. because there is
Nldh law which expressly provides that
Nnere a person is convicted of two of
lenses, sentence upon the second cOnvic-
lion shall commence upon the eXniFatiOn
OF the sentence for the first conviction,
providing both convictions have been
MADE before sentence is pronounced for
ellher But If Judge Armstrong SEN
s fences Shockley tomorrow, this. law Will
no longer apply.
Mr.. Loofhourow does not question hut
mat Shockley can be executed for the
murder or Brighton II he is found guilty
~ mat crime and fails TO secure rec
pnnendatlon 10 mercy.
MIR. Loofbourow's Position.
The crimes are entirely separate aud
VIII De treated as separate crimes if we
IND 1t necessary to proceed in the case
Tor the killing of Brighton" said Mr.
LooIbourow last night If ShOckley es-
capes the death penalty / shall immedi-
ately prepare 10 prosecute him for the
killing OF Brighton. 1 think / shall prob
ably drop the Brighton information now
on tlle and start the case anew, with a
preliminary hearing and a new lnforma-
I do not cOncede that the recent con-
Nlctlon OF Shockley will in any way af-
Iect new case that may be brought I
90 not believe II will be held that a death,
sentence imposed on a lie prisoner can
not be executed until his first sentence
runs OUT. suppose life convict kills
the warden, may he not be tried for that
crime and executed? A life sentence does
not give man immunity from punish
ment for crime. Further, if Shockley is
sentenced TO death for killing Brighton
ana Is executed Tor that crime, he will
have served his first sentence the instant
he Is execute I I have not closely in
qulred into { 2 matter and shall not do
50 untll Sc tence Is pronounced on
ShOckley, but l have fully determined to
proceed against him for killing Brighton
II he escapes the death penalty for kill
Ing Gleason"
Dance at Armory Saturday night.