The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-04-01
DR|SKELL GIVEN
LIFE SENTENCE
Judge Lewis, in Passing Sen
tence on Prisoner, Censures
Jury Hearing Case.
BUT SLIGHT GROUND FOR
POSSIBILITY OF ERROR
Jurors Should Have More Fully
Considered Officers Right
to Protect Himself.

The sentence OF life imprisonment in
the state prison, at hard labor was pro-
nounced upon Lucian e. Driskell by
Judge T. ID. Lewis of the district court
| Thursday and a few minutes after
| the murderer Of Special Policeman C.. G..
Riley was on his way TO prison, where
he will spend the remainder of his
| DAYS
Driskell was not the same indiffer-
ent and over confident man that he was
| IN his trial. On the contrary, he seemed
extremely nervous and appeared TO fear
that Judge Lewis would disregard the
recommendation Of mercy. as made by
| the Jury, and sentence him to death.
When the court finally pronounced the
sentence of life Imprisonment, Driskell
gave 81 deep sigh Of relief. indicating
that n great burden was lifted from
/ his mind.
Not wanting TO take any chances,
Sheriff Joseph c. Sharp took every pre-
caution TO safely guard the prisoner
during all the time he was in the court.
room. Driskell was securely handcufled
and was brought into court by Sheriff
Sharp and seven deputies After SEN
tence was passed Driskeil was taken
across the hall into Judge Ritchie IS
courtroom and down private stair
way TO the ground floor, and thence
directly TO the state prison to begin his
sentence. The courtroom was crowded
with spectators, and as there has been
a strong feeling against Driskell, the
sheriff took extra precautions to pro-
tect him against any show of violence.
flushed Courtroom.
There was tho most intense silence
in the courtroom during the entire
proceedings, and. Judging from the pre-.
liminary remarks of Judge Lewis, many
thought that the court would disregard
the recommendation of the Jury and
sentence Driskell to be executed. This
thought no doubt was foremost in Dris-
kcll s mind. as he appeared pale and
nervous, and was compelled TO lean Oh
the table in front of him for support
during the remarks of Judge Lewis, AL
though he had feared execution all
through his trial, after the passing of
sentence, he informed Mathonihah
Thomas. his chief counsel, that he would
rather have been sentenced to death
than to life Imprisonment.
After instructing Driskell TO stand
up, Judge Lewis read the information
charging him with the murder of Of
licer Riley in this city. October 5 last,
and informed him that the charges
against him had been proved, and the
Jury had found him guilty of murder
in the first degree. but had recommend
u.
kell was then asked il he had anything
to say, why sentence should not be
passed upon him. The prisoner hung
his head, and in a mild tone Of voice,
replied;
.'Well, guess there's none I have
been found guilty of the crime ] m
charged with all right, but 7 can say
this much, ] IN entirely innocent
Censures Jury.
Tn passing sentence Judge Lewis re-
marked:
"The court is satisfied with the verdict
of The Jury that YOU are guilty of murder
tendency among juries TO disregard cir
cumstantial evidence. In this case the
weakness of your defense has been in
the direct evidence rather than in cir
cumstantial evidence and in the identi
fcaton by direct witnesses.
"The crime of which YOU have been
guilty is that Of the deliberate killing
a time when the full penalty should be
invoked it is when a criminal kills in
the attempt to escape from the law. An
officer engaged in protection of the pub.
lie is entitled to be himself fully pro-
tected. This the jury should have taken
more fully into consideration in rem
dering its verdict. The nature of the
luthtE, HoWSNSt. hdS lSlI IL SllguG.
very slight, room for doubt or rather
ground for the possibility of err.r,
faint but leaving a bare possibility. II
am not prepared TO say that this is not
justified If I were-if there could be
no possibility OF error the court would
disregard the verdict for you have been
proved to have deliberately taken the
life of the officer, The very faint pos.
sibility being present the court will fol. |
low the, recommendation of the jury II |
is the sentence of the court that Won be |
confined i'm the state prison at hard la |
Dor for the term Of your natural life. -
Shows Relief.
Driskell appeared greatly relieved at |
the conclusion of the court s remarks, |
and resumed his seat, keeping his eyes
fixed on Judge Lewis IS face during the |
remainder Of the time he was in court.
Mr.. Thomas asked the court for an
extension OF time for sixty days, within
which TO file motion for new trial
This was resisted by District Attorney
Loofbourow, who claimed that such a
request was unusual. He asked if the
motion would be based on the ground
Of newly discovered evidence, and was
that it would be on that
ground as well as on the ground of er
rors committed by the court in the
trial. 1t was finally agreed that an
extension should be granted for thirty
LAYS, and the court so ordered. Dris.
kell was then taken out of the court.
room and directly to the state prison.
L., n,,k