The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-28
Brutal Murderer and EXON
vict Gets Only Life Sentence
as a Result.
JUDGE GIVES CONDEMNED
MAN BENEFIT OF DOUBT
Jury Has Right to Select Pen
atty: Other Cases Af-
fected.
Snecial 10 The Tribune.

Special 10 The Tribune.
BOISE. Ida, March 27.-The passage
of a small bill OF 100 words by the
eleventh Idaho legislature and its crea-
ton into law through the signature OF
Governor James II. Hnwley has already
saved one man, Robert Worth. alias Ed
ward Smith. from the gallows for murder
and will determine the fate OF others
now on trial for murder in the hrst de-
gree. This little but extraordinarily i'm
portant bill was introduced by Senator
c. II. Potts OF Kootenai county. II
places in the hands OF a trial jury power
TO elect whether 4 defendant on trial Tor
murder In the first degree saall hang or
be imprisoned in the state penitentiery
for life.
When this measure signed by Gov
crnor Hawley it was discovered by at
torneys and judges that ii carried an
emergency clause and therefore went into
effect Immediately Shortly after IL was
signed Judge Steele Of the Second 1u.
dicial district was presiding over the tTlal
OF a murder case at Lewiston; Inc
prisoner was Robert Worth, alias Edward
Smith desperate character. who brutal
ly murdered John Mclaughlin, a COM
panion at an "alcohol party held one
afternoon in building near the busi-
ness section of Lewiston. Without cause
or apparent provocatton Worth sprang
upon Mclaughlin and with one stroke n
throat from one ear to the other Ihen
he sprang upon his victim and delioer-
ately cut the jugular vein.
Mclaughlin died within a few min
utes. Worth made no attempt to escape
and was arrested on the charge of first
degree murder. He was given quick
Judge Steele. however. had not been In
formed that the bill had passed the leg
islature and carried an emergency clause.
and he failed to instruct the Jury "a as TO TO
elect the death penalty or life imprison-
ment.
When Worth was arraigned for sem
tence he expected the penalty would be
death Judge Steele, however. sentenced
him TO life imprisonment. although he
made 1t plain to the prisoner that had the
jury, known Its rights he unquestionaoly
In the view OF the fact that the jury
had not elected, he gave the prisoner the
benefit of tho doubt as to what that
the penltentiary for the balance of his
natural life. He is an eX-convict, hav
ing served two terms once for assist
ing prisoners to escape from the jail in
for robbery committed In Canyon county,
While serving the second term he was
sent to the dark cell for assaulting fell
low convict.
The second murder case on which this
law will have an important bearing Is
that at present on trial at Occur d'Alene.
where j. NJ. Mcdowell. travelling sales
man. is defending himself against the
charge OF numbering his wife on a home
stead in north Idaho. This case has
created n sensation in the northwest. II
is remarkable for the peculiar fact that
the son is appearing against the accused
father as one OF the star witnesses for
the state. Mcdowell is making a hard
fight for his life.
1t is a peculiar coincidence that tho
man who is author Of the new elect law,
or Senator Potts. appears in this case as
assistant prosecutor for the state. Nc
Dowell is charged with administering
poison to his wife at their homestead and
trying to give death an appearance OF
suicide.