Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-05-06

, trial in the trial court OF this state
before the decision of the supreme
court had been rendered, the defend
ants would have been discharged as
they could not a second time he put
in jeopardy of their lives.
Senator Borah and myself. acting
for the state shortly before the CON
vening Of the district court of Canyon
county, In May 1906. called the at
tention of the defendants attorneys to
this provision of the United States
stotutes and stated In Il letter to them
on the subject that we were ready and
anxious foe an immediate trial, and If
they also were ready they should ar
range matters so that we could pro-
coed TO trial without harm being
worked 10 the defendants. We point
cd out that all OF their rights would
be saved II the appeal from the Cir
cult court were dismissed
THE attorneys for the defendants
answered our letter, declining 10 dis
miss the appeal and expressed them
selves as fearful that question OF
jurisdiction might arise upon the pro-
ceedings OF the supreme court Of this
state. which would be injurious to
them If the appeal from the United
States circuit court We're dismissed,
ION the opening day Of the state
district court In May, 1906 we called
tho attention of that court to the sec
ton of the United States statutes and
the court after due consideration held
that no proceedings could be had In
that court as long as the appeal from
the United States circuit court was
pending in the United States supreme
court. This ruling necessarily contin-
ued the cases until the appeal was
disposed of.
Delays In the trial of criminal
cases almost invariably work hard
ship upon the prosecution ana operate
in favor If the defense. I am not COM
planning because the defendants did not
so OH with the trial in May Of last
year by the dismissal of the appeal
mentioned. They acted within their
legal rights in refusing but the refusal
should have precluded themselves or
their friends complaining of the de-
lay"
UNIONS TO BE REPRESENTED
A number of labor unions and reder-
atoms throughout the country are to be
represented curing the trials by men,
bers especially chosen for the purpose.
These representatives will attend the
trial and make reports 10 their organi-
zatiunH. 1t was proposed to have an
unofficial jury Of l. representatives of
union labor hear all the testimony
and arguments and formally vote on the
guilt or Innocence of the accused but
it was stated today thai this plan had
been abandoned Several of the union
representatives. have already reached
Boise and others will come In during
the week.
WHAT DARROW SAYS.
on the cause of the delay Clarence
barrow, of counsel for the defense, has
this 20 say;
"The defendants have not vnly heen
ready for trial hut have insisted on trial
ell the time since the Indictments ware
returned IA months ago. Every motion
for continuance has been made by the
state and resisted by us. After the
men We're brought to Idaho, writs Of fa-
heas corpus were asked IN the state
court and the federal court to cover
any question Of jurisdiction that might
arise Both of these cases We're APP
pealed to the supreme court of the
United States, ana the cases advanced
for as early hearing as we could get.
The United States statutes provide that
where an appeal Is pending TO the SUI
preme court of the United States no
judgment or execution can be carried
out pending that appeal As applied to
this case this statute means that If the
defendants had been convicted and SEN
fenced to death or imprisonment IN the
penitentiary the sentence could not have
been carried out until the supreme cour:
had passed on the appeal but In the
meantime the courts of Idaho had the
same right 10 try the men while the
appeal was pending as they had after
the appeal had been disposed OF. If the
appeal had been disposed Of II there
could be any doubt under the statutes
which there could not. the supreme
court of the United States expressly
decided the matter In this way In the
case of Mrs Rogers, OF Vermont, whc
was tried and convicted pending such
an appeal"