The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1908-03-21

| death penalty be RENTED,
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 remitting the death penal
ty against this defendant. For sew
eral years 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 Sc
cured fixing the responsibility for a
considerable number of said crimes.
The testimony in the two cases tried
revealed the fact that this defendant,
as an accomplice, participated in the
| crimes of arson and murder in 1899,
which involved the blowing up Of the
Bunker Hill e Sullivan concentration
| and the death of two men. While ap-
| proximately thousand men partici-
pated in that monstrous crime and
the sheriff of the county in which it
was committed was present, only one
man was identified and punished
therefor In the State courts. This de
PENDANT upon the trials referred to,
admitted his own connection with
| and participation 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 resident of the Cripple Creek
mining district in Colorado. These
are the only two men of the large
number concerned who had either
the courage or disposition to dis
close the truth with reference to the
crimes then committed.
This defendant also testified to a
long series of most atrocious crimes
committed by himself and others in
the State of Colorado, and he was
corroborated in such detail in rela-
ton thereto that there can be no
doubt about his participation therein.
While these offenses were committed
In the State of Colorado, this state,
think under the circumstances, Is
under some obligation to withhold
the execution of the only person who
has voluntarily and freely disclosed
these transactions. 1t Is impossible
to believe that such series Of crimes
can be committed with many per-
sons connected Herewith, without
one or more of said parties sooner or
later yielding to the remorse of con-
science and joining this defendant
In confirmation of the disclosures
which he has already made. It is
true that one accomplish cannot cor
roborate another accomplice in the
commission of the same crime, there
by satisfying the requirements of the
statute requiring Independent corrob-
orative evidence; but it is apparent
to the Court from the testimony pro-
duced upon the trials In Ada Coun-
W tnat there are witnesses who are
not accomplices who can corroborate
to a great extent the testimony of
these witnesses and whose testimony
may yet be secured therefor, If this
defendant Is granted the partial i'm
munlty above recommended; again,
under the circumstances involving
this defendant, no good purpose can
be advanced by his execution, and
there can be no demand therefor ex-
cept from those persons who stand
charged by his voluntary confession
with grave crimes, or by the defend
ers and apologists of such persons.
If there We're no moral obligation
on the part of the State to grant the
partial immunity recommended,
would still say that there could be.
no good reason In this case for in
hicting the extreme penalty while so
many crimes have been disclosed that
are yet unpublished.
l now desire to make a brief sug-
gestion to the attorney for the de-
PENDANT. I have no means of know
Ing what the attitude of the defend
ant will be with reference to the mat
ter OF the acceptance of the partial
immunity recommended, and II would
make no difference with the Court
what his attitude might be, the ac-
ton OF the Court would be as already
decided upon. When the Court au-
thodized the withdrawal of Mr.. Coke
and appointed Mr.. Wyman to repre-
sent the interests of this defendant.
the Court was aware that every in
terest OF the defendant would be full
ly protected and that the defendant
would be advised as to all of his le-
gal rights in the premises. The de-
PENDANT having voluntarily relieved
the attorney thus appointed of the
burden of preparation for trial, to-
gether with the labor of a trial in
his having plead guilty as charged
In the indictment, under ordinary
circumstances the services of the at
torney thus appointed would be at
an end. ! think, however, under the
peculiar circumstances of this case,
that 1t may fairly be considered with
in the duties imposed by the appoint
ment thus made for the attorney to
present the recommendation of the
Court for partial immunity to the
board of pardons, and to represent
the defendant in all respects before
that board until the matter is finally
disposed of.
In this matter the Court will d.
rect the clerk to file this opinion. and
to forward three certified copies
thereof, one to the governor, one to
the attorney general and one to the
secretary of State, the same to be
considered as the recommendation of