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

reaches the actual criminal. He reads
II and becomes conscience stricken;
not only has he committed the murder,
friend to suffer the penalty. In which /
case he would be guilty Of a double J
offense. The horror OF this compels /
him to return and surrender himself \
and by this means the real criminal Is |
brought to justice
Surprising this confession had been /
youth. because he believed that he |
would be a hero TO make this sacri- |
flee for his friend. There have been |
just such cases In the books, and the 1
reading OF the proceedings Of the trial i
and Of the statements Of the persons /
accused and their confessions, have In /
many instances. I believe, come to the /
knowledge Of the persons who were the !
real criminals or persons who knew /
the facts in the case and have been /
the means OF bringing the really guilty /
persons TO trial and punishment for /
1T is too late to publish these facts
after the trial. sometimes too late to /
publish them during the trial; every /
fact in a criminal case should be /
known by the public, II possible. prior |
20 the trial. that all persons having |
knowledge OF the crime may come for |
ward before it is too late and give |
their evidence.
Use Arbitrary Power.
Whenever the courts of this state. |
Of the law for the purpose OF sup
pressing confessions or other facts In
criminal case, prior to trial or during
trial. even though the courts possess
this arbitrary power, the courts are
establishing a precedent that Is eX-
tremely dangerous TO the liberties OF
the people and I'm my opinion win not
promote the ends OF Justice No such
power should be used. at least where
it's only excuse is because it incon-
venienced the court. II Is stated in
the affidavit filed herein that said
publications tended greatly to bias the
minds OF the readers Of our paper
against the defendants then and there
on trial and to make & very difficult
for said court to secure qualified trial
jurors for the trial OF said cause, etc.
The question OF securing qualified
trial jurors is the sole basis OF these
contempt proceedings. OF course we
know that the court is too upright and
too fair to the accused In all criminal
cases to permit any person to serve
as a Juror in a criminal case who is
either prejudiced or biased against
the defendant, so that in neither of
any person to serve Juror who was
either prejudiced or biased against
/ extent OF the charge against this news
/ paper Is. in its last analysis. that IL
/ made II come difficult for the court to
secure a jury in each OF these cases
Weaknesses of Mankind.
Did these publications do that7 We
! contend not We are not responsible
/ for the weaknesses OF mankind, as was
said in the California case that such
| an argument would rest on the enron
! cous assumption that juror placed In
/ the jury box, sworn to answer truth
/ fully questions touching his Qualifica-
/ tons, would violate his oath. In the
/ first place. this confession had been
| published as heretofore stated, by many
newspapers. Persons reading It from
/ the first publications would be just
/ as prejudiced and biased as from the
/ second, but the publication of the
| truth, without comment on the merits
/ I'm any criminal case, cannot possibly
/ prejudice or bias any person against an
/ accused.
1T is the fact that they have COM
mitted the act not the publication OF
/ st. that may cause feelings against the
/ accused. I do not understand that the
/ telling Of the truth can ever prejudice
/ or bias persons against another. It is
| the acts that they have committed and
| not the telling OF the truth about il
that may cause feelings of prejudice
/ and bias.
1T has been the custom and practice
/ OF the newspapers throughout the
/ United States from the foundation OF
/ this republic to the present time to
/ publish every fact aud every confess
/ sion. liza confession IS made, in every
/ criminal case. prior to the trial there
| OF. The Decentralization case of re-
cent notoriety is an instance. He made
/ his confession in New York City and
! 20 was given to the newspa pers imme-
! diately and published In every promi-
nent newspaper throughout the United
| States. You will remember he con-
fessed 70 numbering his wife.
noted criminal case in the land for
| many years and also the facts in many
| civil cases have been published prior
| to the trial. and the same charge which
| IS now made against The Herald-Re-
| publican could be made against every
| newspaper Of prominence in the United
/ States almost every day In the week.
Z IL Is a custom to do this as we'll as
| a right. and as firmly established In
| every way as our right to go peace
ably about our business and earn our
An Intelligent Nan.
Il do not believe that these news
paper publications ever prejudice or
bias the mind OF any intelligent man,
so as TO dlsdualify him from acting as
a juror In any criminal case. Any
man who Is intelligent enough to act
as n Juror in a criminal case. where n
man is on trial for his life. and INTEL
ligent enough to weigh the facts and
find the issues OF fact upon the evil
dcnce, can lay aside any opinion
which he may have formed by reading
newspaper article and can try the
case as fairly and impartially as II
he had never read that article Any
man who cannot do this has not sufff-
Client brains and Intelligence to sit in
judgment upon questions OF fact where
a man is on trial for his life.
Many persons desire to evade jury
duty; many persons have conscientious
. scruples against sitting juror IN
the trial Of such cases; many persons
think that their business is such that
they cannot leave AZ long enough "a
act as jurors, and, while I regret &c
say IL. I firmly believe that any mar
Intelligent enough to take daily
, newspaper and read it carefully and
observe the course Of events Of human
life. who under his oath states that ht
. is prejudicod and biased because hs
read newspaper article. containing
a confession by the defendant. desire.
, to escape jury duty and violates hi.
, oath in making that statement.
! IF he is actually so pre1udiced and
biased against the defendant by this
| reading OF such newspaper article n
. is not intelligent enough to act as
juror. II he cannot lay aside his i'm
prcssions from the newspaper article
2 and try the case fairly and irnpartiali-
! | upon the evidence. he has not suffi
: cient mind TO weigh the evidence a
1 l all. So that IL he hasn't sufficien
I brains he isn't qualified: so that an,
- lifin.I -. - -, d.