The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-09-16

County Attorney Nathan ]. Harris.
who has been severely criticised for
his part In the Nick Vacos murder
case, defends his action in the fol
lowing statement 10 the Standard
Having been requested to make a
statement regarding the Vacos case,
do so because of the publication Of
certain articles which were 10 some
! extent erroneous and misleading. and
which were apparently written be.
cause of lack of full Information on
the part Of the authors OF the same.
and In order that the public may
know the full truth in the matter.
THE plea of guilty 10 murder in the
second degree was accepted and rec
ommendation for sentence made, only
after a thorough investigation and
careful consideration of all the facts
in the case. the reasons therefor be-
ing stated TO the court and becoming a
part OF the record In said matter. Dis
trlCt Attorney F. G. DOCfbourow, Of
Salt Lake City, was associate coun-
vel for the state and together We con-
Sidered every phase Of the case, col
lccting all the obtainable facts. I even
making special trip TO Butte, Mont.
10 obtain the statement of a witness
residing at that place We weighed
the evidence, had a consultation with
all the city and county officials who
had taken part or assisted in the pros
ooution OF the case, and finally decld-
ed that we We're justified In accept
ing a plea of guilty to murder in the
second degree.
I'VE considered the fact that the
principal witnesses. those upon whom
the state must rely for a conviction.
are foreigners, fellow countrymen of
tho defendant, speaking a foreign Ian
guage. Also. that such testimony is
often unreliable and that II is eXtrem-
ely difficult to obtain clear and posi-
tive evidence in such cases. and
especially through an interpreter. as
would have been necessary in this
case. We also took into considera-
ton the extreme uncertainty as to
results In prosecutions for first de-
gree murder. Juries are 10th TO bring
q verdict that would carry with 1t the
death penalty. There never has been
such n verdict In this county during
the entiro thirteen years OF state
hood. and In the entire state there
have been but two executions during
that period. Deliberatlon and pre-
meditation are essential elements OF
the crime Of murder In the first de-
gree. and the clements that is often
very difficult TO prove. And there
can be no conviction of murder in the
first degree lin cases of this kind) eX-
cept dellberation and premeditation
be proved beyond a reasonable doubt,
and II is we'll that jurios require such
proof to he clear and convincing be-
fore consenting TO a verdict that will
take the life of human being.
THE next crime is murder in tho
second degree: 10 this the defendant
pleaded guilty and We felt that the
plea should be accepted II is the duty
of the district attorney to accept any
plea that Will satisfy the demands Of
justice between tho State on one side
and the defendant on the other Wc
realized 5hat the trial would have been
very lengthy aud expensive and con-
sidercd the uncertainty OF tho result
in all such cases and the possibility Of
reversal By tho supreme court.
sun believe It was my duty TO accept
that plea Furthermore. believe that
the defendant should have been sen
fenced upon tho same; that is my
Judgment and l acted accordingly. re-
gardless OF any criticism that might
follow.
There has been only ono sentence
Of life imprisonment imposed In this
county since statehood. that OF John
u. Douglass. convicted OF wife muir
der other cases Of prosecutions for
first deGroo murder are as follows:
"E p Coleman. verdict not guilty.
"W. r. Christensen. verdict yolun-
mry manslauehter. sentence 5 gears
William Wall. voluntary man
slaughter. years.
James ]. Young, second degree. 40
years.
"winiam Brown. second degree. 10
years.
William Reese. second degree. 10
years
Harvey Bass. second degree. 30
years
Joseph Kendall. second degree. Is
wears.
49,. aan ,ro- -cp,gc,od of Oytf, t,,,,r