The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-11-28
UNCERTAIN COURT PRACTICES

There Is a sensational murder case
being tried IN Denver wherein Mrs.
Patterson is accused of murder in the
first degree for shooting her husband.
The case has been reported at great
length, and every newspaper reader is
doubtless familiar with the main
features of IT. One dramatic episode
of the trial was on Saturday last,
where the act of the shooting was
dramatically represented in court by
one who, kneeling down, holding a
pistol in the position that the pistol
was supposed 10 have been held by
Mrs. Patterson at the time Of the
shooting, the scene being made as
| realistic as possible from her descrip-
tion of her attitude when she did the
shooting: the position in which her
husband was when she shot him; the
holding of the pistol; all was made
as graphic and real as the scene could
be enacted. The dispatches represent
it as scene OF great dramatic power.
Not long ago in Oregon a murder
trial was hell before Judge Coke,
where one Roy McClallan was on trial
for murder. It WIS sought there TO
put the coat and vest Of the victim on
witness for the purpose of illus
trating Just where the holes made
by the bullet through the coat and vest
would strike the victim. Judge Coke
refused to allow the scene to be en-
acted before the Jury, and an effort
was begun 10 invoke the recall upon
him (the recall of judges being pro-
vidcd for IN the Constitution of the
state of Oregon, but nothing seems to
have come Of tho effort toward having
recall election, although this was the
second effort made for the recall Of
Judge Coke on account Of his rulings
IN that same trial
\ ease similar 10 these Two has oc.
Cured also in Utah, In the trial of
Harry Thoruc for the murder of Fas-
sell. the trial Judge allowed such a
scene TO be enacted before the jury
with the hat and coat worn by Thornc
Ut the time OF tho shooting as
prominent features of the drama repre-
sented. The Supreme Court of this
state reversed the trial on the ground
that such a dramatic representation
was in the nature Of trihiug with the
case. aud was not q III scene 10 DC en-
acted before a Jury.
Here arc three eases 80 similar as 20
invoke the same rule of law In the
Colorado ease the. dramatic representa-.
tion appears 10 have proceeded without
question. Probably. ir Mrs. Patterson
ia convicted. the Utah precedent will
be invoked in the hearing Oh appeal
IN tbe Colorado Supreme Court IN sup
port ot the iilegalitv OF any such repre-
sentation N tho trial The Oregon case
takes the form Of q popular movement
against the Judge. which appears 10
have failed. az clearly as Il ought
10 have failed: because. Independent al.
! together OF the argument for or aqainst
| the recall Of q Judge, IL is absolutely
cleat that the legal rulings OF Judge
/ on the bench in the trial Of case
afford absolutely no ground for invok-
! ing the recall. There H. ample re.
course against any one aggrievcd by
change Of venue. appeal. or rehearng.
/ nothing, even where recall is permitted,
/ should invoke that measure except
something that would be n good deal
more Serious than ruling in the tria!
Of case and reaching along toward