The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-07-09

come part of the flesh and blood of
the American people to such an eN-
tent. and is so conditioned by the
democratic character OF their political
and social life. that a successful at
tack upon It, no matter what legal au-
thority IL might have on its side, is
impossible: even the gigantic power of
slavocracy gave the battle up as hope
less after the first onslaught
1t Is n thousand times better that
Il be made more difficult to secure
jurors. even II that be found TO be
true. than for the court to establish a
precedent that the newspapers or the
land are not free TO publish confes-
sions AID facts concerning the man put
on trial for his life. because If there
be any man or any woman who knows
the fslsity OF such confession or such
statement OF fact. the time for them to
speak and bear witness thereof is be-
fore the trial is ended. before It is too
late. for after the man is executed no
earthly power can bring him back to
life again. People OF this country viii
never sanction any secret proceedings
concerning matters OF public interest.
for they Will never cOuntenance any
suppression Of any confession concern
ing crimes: no star chamber proceed
ings will ever be popular in this free
country. II public officials, who are
any facts concerning crimes. they
should give them to the public through
the newspapers, unless they know that
the publication thereof would prevent
the guilty ones from being brought to
justice. and II the guilty ones are IN
der arrest. they can no longer justify
their silence and suppression OF such
facts or confessions"
When Col Booth had finished his
argument. District Attorney Fred g
Loafbourow asked Judge Lewis
whether the latter desired any argu-
ment in favor OF the citation. Judge
Lewis signified that he did not desire
to hear any more argument.
Reply OF Judge Lewis.
you say the papers have been ac-
customed TO do this" said Judge Lewis.
Il have been on the bench in this dis
trict for the last seven years. md this
is the first time in seven years that
have seen anything Of the kind in
case that was trying; have never
| found occasion TO complain of anything
Of this kind during that time.
This article was not published to
| protect the defendant and did not cal
I culate to protect him. 1T made it al
most impossible for the court TO pre-
/ serve for the defendant a trial by jury
| In this county by fair and impartial
jury. As to saying that jurors can
/ lay their opinion aside. some men can.
/ One juror answered that he could. and
statement, the court was satisfied that
| what he meant by a fair trial was that
/ the conviction of a man that was
| gully. and he believed him guilty.
! would be n fair trial, and all In the
| world that he thought was a fair
| trial Of the defendant. Riley, was 10
convict him, and yet he had stated that
| he could put aside that opinion and try
] him and give him a fair trial and he
/ didn't have any doubt about 1t. but
| that was his idea Of fair trial. He
is n business man in this city, man
Of more than ordinary intelligence.
| 1T takes more than the average mai
20 lay aside opinions formed from news
paper accounts. This article was no
published as matter OF news. It ha,
been published as a matter OF news n
the time OF the arrest In March. an'
when the question was not pending II
court. The first publication. I thought
was inadvertently made when the cas-
was called for trial; I think so now
think il was made without a though
of the damage that was being done. In
convenience to the court it was. o
, course; but that matters very little
for IL IL Is not one case Il is another
! Il is this matter this morning. Il Is an
other matter this afternoon, and some