The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-05-26
DRUG F|END FOUND
GUILTY OF CRIME
United States Attorney Booth
Establishes Responsibility
of User of Narcotics.
FATHER LOSES HIS CASE
FUTILE JOURNEY FROM ILL
NOIS TO DEFEND SON.

E. D. Stapleton, who has been IN
dergoing trial before Judge John A
Marshall of the United States district
court for the theft ana forgery of
pOstOffice money orders, was found
guilty yesterday afternoon after the
jury had been out just fifty minutes.
/ The taking of evidence was completed
| yesterday afternoon. The morning
session was occupied with arguments
by United States Attorney II. E. Booth
and his assistant William McCrea.
and by Brigham CIegg, attorney for
the defense. The case was given to
the jury at 2 O'Clock.
Judge Marshall instructed the
jurors to bring in a verdict of not
guilty in the fourth count, because it
was not set forth that an attempt had
been made to defraud. The other
Pthree counts were left to the Judg-
ment of the jury. Judge Marshall
stated that any criminal act must
have been willful, and that the act
was not willful if Stapleton was in
sane. By insane it was not meant the
taking of a drug if he had the power
to resist taking it, and this Lack Of
lpower must not have been because of
temptation or desire.
1T must be considered" said Judge
Marshall, whether the person knew
that he was committing a wrong or
that he was going to defraui some
one or do something that would cause
a loss to someone. If he realized that
his act was going to cause a loss to
someone, the act must be considered
a crime"
Both District Attorney Booth and
Assistant McCrea admitted that drugs
had affected StapIeton's mind. They
commended, however, that the use of
the drugs did not constitute an ex-
cuse for having committed the crime.
Mr.. McCrea criticised Dr.. J. H. Rob
insOn's manner of testifying, saying
that the physician had "a glib
tongue"
A strong plea for Stapleton was
made by Brigham Clegg, who said
StapletOn did not know what he was
doing when he committed the offense.
Colonel Booth for the government
argued that the act Of stealing money
orders, carefully forging them and
passing them at the only place in the
city where he was sure that he could
get the money, and his subseQue Mt
statement Of how the affair came
about, did not indicate an unbalanced
mind. It rather indicated, he said,
that Stapleton was entirely rational
and had a clever intellect. Attorney
Booth stated that If q person commits
Z crime while intoxicated either with
drugs or with liquor, he must be held
accountable for his actions The jury
apparently took the same view Of the
case.
a feature of the case was that the
aged father of StaDleton came here
from his home in Illinois to defend his
son. Most of the evidence adduced
by the defense tended to show that
the defendant had been a confirmed
user Of cocaine and morphine for
number of years, and there were
number of sensational scenes in the
court room during the trial, especially
when the defendant took the stand in
his own behalf and described his ex-
periences while under the influence
Of the drugs
Steals Money Orders.
The defendant claims that his pres
ent condition was brought about since
his confinement in the county jail,
where, he sid, he had been entirely
cured of the drug habit He SAID ne
had no more hallUcinatiOnS, had re-
covered from his nervousness and had
gained in weight Evidence was in
trOduced, however, showing that the
defendant had acted in a perfectly
normal manner at the time Of his ar
rest.
The offense of which Stapleton was
convicted was committed November
20, 1903, when he stole three money
orders from postOffice station A, in
the Mathis drug store, 324 South Main
street, and after forging two of them
WITH the name of Postmaster A L.
Thomas, attempted to pass one for a
suit of clothes at the store of Rowe &
Kelly He succeeded in passing one
for $40 on John COnklin of the Con-
tinental National bank.
Stapleton obtained the blanks by
tearing them from the pad after they
had been stamped with the official
stamp of the postoffice. He had
bought a money order for SO cents,
and when the order had been made
out he asked for some mucilage, and
while Mr. Mathis, at the branch post
office, was securing the mucilage,
Stapleton took the blanks
StapletOn was arrested by Deputy
United States Marshal Lucian H.
Smyth on orders from POstoffice In
sDector c. D. Lowe. John Conklin,
teller at the Continental National
bank. cashed the money order during
a rush period Of the day, but soon dis
covered that the order was worthless
and notified the postoffice inspector.
The end of the Stapleton trial com
pletes the calendar of criminal cases
at the spring tsrp1 Of the court.