The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-07-09
laIs. IMPLIES NOT ONLY

cENsURE AND PUNISHMENT FOR
THE PUBLICATION. so LONG AS 1T
Is NOT HARMFUL IN ITS CHARAC-
TER WHEN TESTED BY SUCH
STANDARDS AS THE LAW AFFORDS
(Cooley's Constitutional Limitations. p.
sThe court further states: This pro-
vision OF the constitution does not au-
thorize n usurpation Of the functions
OF the courts. Under the plea Of the
liberty OF the press a newspaper mas
no right 70 assau litigants during the
progress OF trial intimidate wit
nesses. dictate verdicts or judgments.
or spread before juries its opinion OF
the merits Of cases which are on trial
Did Not AssaII Defendants.
The question then 20 De determined
in this matter Is whether or not this
publication assailed the defendants IN
this case. because there cannot be ana
there Is not. as understand, any e ielm
whatever that ~ would have the effect
OF intimidating the witnesses, OF that
# spread before juries its opinion OF the
merits OF the case, and OF course there
cannot be any claim that there was any
attempt TO dictate verdict or Juds-
ment in the case
What one citizen may tell to an
other upon the street in ordinary con-
versatiOn. without icing guilty OF a
contempt OF court, any newspaper may
publish without being SO guilty In
been published some time previous in
| all or nearly all OF the newspapers
published In this city and county, ana
| In many of the newspapers published
l in other parts Of the state.
| ANY publication OF a falsehood re-
/ gardinE the defendants, with either
the Implied or expressed inSe aaaSdtiS 0s
/ Jurors against the defendants would be
/ contempt OK court. Any attempt upon
the part Of any person 20 prevent any
/ person. otherwise qualified, 10 act as
| a Juror. from acting as n juror In the
case. would undoubtedly be contempt
| Of court by being an unlawful inter
I court. For instance. an attempt 70
/ keep parties from being served with
process to serve as Jurors; or inducing
| any person 50 served, TO answer under
| oath that they had already formed or
/ expressed an opinion for the purpose
/ 4 evading jury duty; or interfering
/ serving process for the purpose Of pre-
/ venting the court from securing jury.
/ These Instances would clearly be un-
/ lawful interferenccs with the proceed
/ inEs OF the court, and others, such rs
/ n riot in the court room and intimi-
dating the court 50 that IL could not
1 proceed with the trial. were the ones
| intended to be covered BY the pro-
| vision Of our state law.
| ri a citizen Of salt Lake City. who
| may have read the Thorne confession.
| could tell another citizen Of salt Lake
/ City that he had read the same ana the
/ contents thereof during the time that
/ a jury was being empanelled, either IN
| the Riley or ThOrne cases. without be-
ing guilty Of contempt OF court. and
| we contend that one citizen could have
| repeated the confession to another
/ without being so guilty, and II 50,
| then the newspaper could publish II
without being guilty OF a contempt
Il made between freedom OF speech and
| freedom TO publish.
This is what our Constitution says.
/ Sec. IS OF Article l.: NO law shall be
/ passed to abridge or restrain the free
| dom OF speech or Of the press
| when the trainers OF our consu-
| tuition worded the same as above. they
not only builded nightly. but mighty
| wisely. Freedom OF speech and free
| dom OF the press were placed on a
| common height, one on the same level
as the other. no difference, no dis
/ tinction. just the same.
| IF a person should go TO another
person summoned as a Juror ana tei,
express his opinion thereon, for the
express purpose OF prejudicing or
blasting such juror, that Would De con
tempt OF court. IL newspaper ike
wise. or FOR a similar purpose, with
| the same intention OF preventing per
sons from acting as jurors. publishes
purported facts, and expresses an opin-
ion thereon, then the newspaper would
be likewise guilty OF contempt OF
court in q case then pending for trial.
II can maEtne such case where n
person was on trial for n political OF
Tense and the newspaper politically op-
posed 10 him desired TO prejudice all
Of the people reading its paper. against
the accused but such Is not this case.
| The publications in these cases were
for no such purpose ana no opinion
| case on said confession
Tor the PubIic Good.
The publications in these cases
were made because the manager OF
the said newspaper believes that II is
| for the public good to have every
known fact in criminal case brought
before the people In n conspicuous
manner prior to the trial Of the ac-
,, 1T is the common knowledge OF the
. lawyers and the judges coming down
to us from the experiences Of the years
that many men have made false con-
fessions for various reasons. The books
are fun Of cases where men have
mitted. some for one purpose and
| some for another.
I'VE read in the newspapers often OF
| persons who have confessed TO MUIR
ders which they never committed
Some confessions have been made be-
cause the person cOnfessing was afraid
him that he would be executed and he
confessed to save his life other con-
fessions have been made because the
person confessing wished TO be con
si9crcd a desperate character. or
hero. and many criminals and thil
class OF weak-minded persons have
confessed 70 the most atr4eioss crimes line,
which they never committed Ihel
desired TO be considered the mos
desperate criminal IN the world.
other persons have confessed e
crimes TO save friends or relatives
| from punishment. It is well know
n that youthful criminals have consid
cred II an act Of heroism to confess
, | to crimes which they have never com
4 mitted. Some have confessed e
= crimes 70 permit the real criminals &
4 | escape and later prove an abb 70
| themselves IL is only by the aid o
tho newspapers. which makes ever.
reader helpful IN the detection OF crime
! that such confessions can be discov
4 cred to be false. The newspaper
!. throughout the land today give tn
y greatest aid 90 the public officials &
: bringing out the truth concerning
criminal cases and detecting crime Q
any agency in the world.
FaSseII Murder Case
Take the Fassell murder case a
an instance. There were three person
who went TO his store; one escapes
Surprising Thorne was not the guilt
person. not even there when the mur
der was committed. that the real Grim