Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-03-18

TO are not necessarily at variance with
the views here expressed. / am
thoroughly satisfied that under the
facts in this case the court has a plain
duty to perform, and that the authori-
ties quoted leave no alternative in the
matter, and under these authorities the
defendant must be recommended to the
clemency of the pardoning board with
the full assurance, that II is not To he
presumed that the equitable title TO
mercy which the defendant has ac-
CURED by testifying to the truth, will
not be sacredly accorded to him by
the board IN which power TO pardon or
commute is vested by the state consti-
tuition.
THE COURTS OBLIGATION.
"'rhe law imposes the obligation upon
this court to make the recommends
ton for clemency. and the statement
has been made IN the authorities cited
that such application or recommends
ton OF the court TO the pardon board Is
that the sentence of the court about to
be imposed upon this defendant be
committed and that the death penalty
be rcmitted.
Aside from reasons already given
Tor the recommendation as above made
to the court and TO the pardoning board
for remitting the death penalty against
defendant. For several years series
of atrocious crimes have been commit
ted IN this and other states, and the
confession and testimony Of this wit.
ness Is the first direct evidence which
has been secured fixing responsibility
for considerable number OF said
crimes The testimony IN the two cases
tried revealed the fact that this defend
ant, as an accomplice, participated I'm
the crimes of arson and murder in 1899
which Involved the blowing up of the
Bunker Hin and Sullivan concentration
ana the death OF two men. While APP
proNlmately thousand men partcl-
patcd IN that monstrous crime and the
sheriu Of the county IN which IL was
committed was present only one man
was Identified and punished therefor
m the state courts This defendant upon
the trials referred to. admitted his own
connection with ana participation there
In. giving the names of several others
who were prime movers In the trans
action. In this respect he was corrob-
Grated by one Dewey. who AT the time
was lhil@r IN the Couer D'Alenes, and
now resident OF the Cripple Creek
mining district I'm Colorado These arc
the only two men OF the large number
concerned who have had the courage
OF disposition TO disclose the truth with
reference to the crimes then committed.
CRIMES IN COLORADO.
rms defendant also testified Ia n
long series ~ most atroclous crimes
committed by himself ana others I'm The
state OF Colorado aud he was corrobo-
rated In such details in relation thereto
that there can be NO doubt about his
participation thorom While these Of
tonses were committed IN the state of
Colorado, this state, I think. under cir
eumsiances, ~ under some OBLIGATION 10
Withhold execution Of the only person
who has voluntarily ana freely AIS
closed these transactions II is hnpos-
sihlo To believe that such sories OF
crimes can be committed with many
persons connected herewith without
one on more Of snid parties sooner on lat.
an yielding TO the remorse Of conscience
ana Joining this defendant IA com
tnnation of the disclosures which no
has already made, II Is true that one
aecomplce can not corobrdate an
other accOmpioe IN the commission of
the same crime, thereby satisfying the
requirement 81 the statute ieuuirlng
independent corroboratiNe evidence
but II rs apparent TO the court from
the testimony produced upon the trials
la Ada county that there are witnesses
who are not accomplices who can cor
roborale TO a great eXtent the tostI-