The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-03-19

board is that the sentence of the court
about TO be imposed upon this defend
ant be commuted and that the death
penalty be RENTED.
Hint of other Trials.
aside from the reasons already Civ
en- for the recommendation as above
made. there is another reason, in my
opinion, which should appeal strongly
TO the court and TO the pardoning
board for RENTING the death penalty
against defendant. For several years
a series of atrocious crimes have been
committed in this and other states, and
the confession and testimony of this
witness is the first direct evidence
which has been secured fixing respon-
sibiiity for a considerable number OF
said crimes. The testimony in the two
cases tried revealed the fact that this
defendant as an accomplice, partici-
pated in the crimes of arson and muir
der in 1893 which involved the blowing
up of the Bunker Hill and Sullivan
cCncentrator and the death of two
men. While approximately 900 men
participated in that monstroJA crime,
and the sheriff of the county i'm which
! it was committed was present. only one
man was identified and punished there
for in the state courts. This defendant
upon the trials referred to, admitted
his own connection with and partici
patton therein, giving the names Of
several others who were prime movers
| in the transaction. In this respect he
was cOrrObOrated by one Dewey, who
at the time was a miner in the Occur
d'Alenes, and now a resident of the
| Cripple Creek mining district in Colo
RADIO. These aree the only two men of
the large number concerned who have
had the courage or disposition to dis
close the truth with reference to the
crimes then committed.
Witness May Be Necessary.
This defendant also testified to a
flong series of most atrOciOus crimes
committed by himself and others in
the state of Colorado, and he was cor
rObOrated in such details in relation
| thereto that there can be no doubt
about his participation therein. While
/ these Offenses were committed in the
state of Colorado this state, l think,
under circumstances. is under some OBJ
/ legation 10 withhold the execution of
{ the only person who has voluntarily
and freely disclosed these transactions.
/ 1t is impossible TO believe that such a
! series of crimes can be committed with
many persons connected Herewith
without one or more of said parties
sooner or later yielding to the remorse
of conscience and joining this defend
ant in confirmation of the disclosures
which he has already MADE. 1t is true
/ that one accomplice cannot cOrrobOrate
another accOmplice i'm the commission
| of the same crime, thereby satisfying
/ the requirements of the statutes re
( quiring independent corrOboTative evil
dence: but it is apparent TO the court
from the testimony produced upon the
/ trials in Ada county that there are
/ witnesses who are not accOmplices who
| can cOTrobOrate to a great extent the
| testimony of these witnesses, and
whose testimony may yet be secured
/ therefor. if this defendant is granted
/ the partial immunity above recon-
mended; again, under the circum-
stances involving the defendant, no
good purpose can be advanced by his
/ execution, and there can be no demand
( therefor except from those persons who
stand charged by his voluntary con-
fession with grave crimes or by the de-
| tenders and apOlogists of such persons.
! If there were no moral obligation on
the part OF the state to grant the par
/ tiai immunity recommended, l would
still say that there could be no good
! reason in this case for infiicting the ex-
IRENE penalty while so many crimes
have been disclosed that are yet I'M
punished"
Orchard Thanks the Court.
Judge Wood, after reading his ruling.
( formally sentenced Orchard, and fixed
May Is as the date for the execution.
Orchard asked permission to speak, and
it was granted He thanked the court
for the review of the case given and
for the kindly remarks in regard to
him. He repeated that ne had told the
whole truth, and that no promise OF
| immunity or of mercy had ever been
made 10 him. Before he had concluded
tears we're streaming from his eyes,
and he all but broke down as he again,
in broken voice, thanked Judge Wood
FOR his recommendation to the board OF
paTdOns.
In Judge Woods ruling, he laid spe-
cial stress on the crimes in Idaho, and
plainly intimated that the end of pros
| ecutions of those believed to have per-
petrated them had not come. In this
connection, he said
( Judges and executives may be put
out of the way by the hands of assas-
sins, but there viii be others to take
/ their places, just as ready and just as
determined TO perform their duties as
| their predecessors were, and backed by
a public opinion that will ferret out
and discover the author of every such
crime and bring him to punishment"
1 After the court proceedings at Cald-
well, Orchard was brought back 10
Boise on an interurban car, arriving at
n o'clock. He was driven. from the
station to the penitentiary. The board
of pardOns meets April l.
WAY PAVED FOR FREEDOM.