The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-12-16
UNWR|TTEN LAW
A VALID ISSUE
Salt Lake CriminoIogiStS Ovid
ed on Its Interpre-
tation.
JUDGE POWERS FAV0RS IT
VIEWS OF w. n. KING, C. S. VA
RAN AND CHIEF SHEETS.
JUDGE POWERS FAvoRS IT


- Homicide is justifiable when =
- committed in a sudden heat of =
- passion caused by the attempt of =
= the deceased to defile the wife, =
- daughter, sister, mother or other -
:. female relative or dependent of the -
- accused. when the defilement has =
=. actually been committed" -
The state of Utah recognizes the IN
written law. The above quotation is
taken from article 1853, section 4, of the
Penal Code of the state. and although
many attempt have been made to ap-
peal it, it stands today as the only
written statute in any state of the
Union which upholds the old Biblical
doctrine which says: He who taketh
his neighbors daughter or his neigh
boris wife taketh also his life in his
own hands
Utah is perhaps more interested i'm
the unwritten law today than at any
other time i'm it's history. Two sensa-
tiCEal cases involving its Interpretation
are before the public, one the murder
of Senator Brown by Anna NJ. Bradley
in Washington. and the other the effort
10 secure a pardon for Charles BOtha,
the young German serving a ne SELL
tence for the killing of his wife and ner
raramour. In order to obtain some def
mite expression as TO what the unwrit-
ten law really is. and its effect. The
Herald has asked several attorneys,
one pastor and the chief of police to
give opinions concerning it.
Judge Powers Views.
Judge o. w. Powers. who has been
i
cases in the criminal annals of the
west, is of the opinion that there are
many cases in which the unwritten law
can be invoked.
The man who strikes down the
adulterer is justified" says Judge Pow
ers. Justified by a higher law than
any that appears on the statute books.
Justified by the law that through all
history of American Jurisprudence has
prevented any jury from ever convict
ing a man under such circumstances.
The sanctity of the American home is
involved in such cases and the home
must be defended al all cost. Of course
I can conceive of circumstances where
ii would be wrong to invoke this So
called unwritten law. There are cases
where the act of killing would not be
jUstifiable on any grounds. but as a
general rule if il can be proved that
iilt S1ilttllN u INC lIDllit lisiS bttit
violated the unwIitten law is Il good
defense before any jury"
w II. King. who has successfully de
Tended half d score Of homicides and
was a close friend of the murdered
senator, has different opinion. He
said: ''The old Biblical canon. Thou
shalt not kill is good enough law TO
follow in most cases. The statutes for
bid murder and prescribe penalties for
Although | can. conceive of aggravated
cases where a jury would be justified in
rendering a verdict Of acuuittal i'm a
case involving the so-called 'unwritten
law I believe as a general rule that
homicide cannot be condOned on such
grounds"
Calls 1t Fool Law.
c. S. Varian saws that there is nc
unwritten law, although juries some
times recognize the popular acceptance
of the term. ct is difficult to lay down
any principles of unwritten law" said
Mr.. Varian. For my part, I do no.
believe a man has the right TO take the
law into his own hands. and l see little
justification for murder unless it bt
done in self-defense- OF course / car
conceive of circumstances of such &
nature when the condition Of a mans
mind at the time of the crime might
determine The matter. The defense ii
such cases would be Dredicated upor
insanity. and not upon unWritten law
as the courts know of no such law"
Concerning the Utah statute quoted
above. Mr.. Varian said: 1T is a foo
law. | tried to secure its repeal severa
times. but without success. Read j
and YOU VIII see that all that it is nee
essary to prove is that the murdered
man attempted or committed crime
against the accused's family, and tina
the accused was very angry when IN
murdered him. 1 don't believe in sucl
q law"
Can't Justify Murder.
Rev. p. A. Simpkin, in discussing tn
unwritten law. said: 'The too common
stories the wires are daily bringing u
of the tragedies growing out of tn
Iusts of men and women furnish no
merely food for thought. but suggest ;