Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1915-08-12
THURSDAY EVENING


CONDEMNS AA"
= rto last week. in sentencing Jose salgado back to the state
,o,tsrtiar Judge Taber dwelt at length 0 the weakness OF ' m.a Hm
in this state governing capital cases. In ms emahs m .nu,db he nun
ION - 80 ;n,r;sonment OF from ten years to life, where death snouu
be meted ut to them. The law is the iaut OF inc I'm remiu on
done 10 it by the last legislature, and in a measure pus q nat ad as
or;ns Judge Tabers remarks are interesting me TO oe ~ lsa;s
he states should be spread all over Nevada so T rm they are lengthy,
I,trro meets corrected laws car be enacted lhougn us q"
49, ;,does remarks are given in full and are as iono"s
Il don't fee that al let this occasion pass wltnou a lew . ea hanah
~ in,aud - indulge in any TRADE against this defendant, though
| think the majority OF the people OF this oun .mN IS ~ +e court to
pn Nm He doesn't occupy a very pleasant situation at my i n"a
though, as say, l think most OF the people Oh o. 'm NJ ouaht o be put
$50 ~ know about the crime committed, eel ne GU"
~ S.,., Pnt ne has already spent months in a dungeon ud
TO a nm o IT, tbinkinr for certain he va going to be put to death M
0 smah se' .n dv - law or hour o hour when it would oe, n now
with a long period OF Imprisonment ON ""e," - lao here aside
the state prison. But feel that some explanation Is de mere, ad
, Ion ~ error which the Supreme court has found this court omnlueu'
and which the court will not make any temp. 10 hv sS the state legisia-
uiar regarding the ley law which has been passed by u 80 sr how b@w it
,ns tbink the people OF this county will naturally INQUIRE low =
ear be that such an atrocious crime could be let III with mmu ta ~ t
second degree, and on top OF that WIN "a hsrevn hey arr represented
years up. hope the newspapers don't DeheVe H. u. nso nL understand
here this morning-wil do their part in making the psope he inst
h the situation is, and / want to explain to hose VINO ak "N '
how this situation arises. -. a.a was
that n kind Of wilful or premeditated murder was murder Oh 'e m'
oesre' IN ne n sm :" If poison or lying in wait, or torture, o any kind o,
wlful or premednated murder or any murder which should De omh hhs
in the preparation or attempted preparation on. 81 ,aa arson 'p7
or burglary shall be deemed murder in the first degree. -, hot
Nov the Supreme court in reversing this cas- did nt h"a u"'
TIE evidence vas insufficient to constitute murder IN "1 " isr ubich
but simply held a mistake was made in n instruction to tn jury ~ "nd d;
might have prjudced them against h defendant nna ,? 30 4 4hI case would
rary course of events what would ave nappene 4,1 srd the state
he simply this defendant would again be placed IN THAI anu al. u -
nomd naturally endeaVO TO secure ie 9~ ,,r --o,d
w. 'ds,th nenalty. Now, in the meantime the legislature OF lel', a me ID
cd the murder law in two ways. ln the hst pHee w.. 49, Nv e.,
~,.aar ~ n first degree murder which shall b. committed D. d :"
~. - .he state prison serving a term OF life imprisonment es III
Guided hat The second change, and the wish oo peak Oh NY
omitted the words, :r any other kind OF wlfui meu' f INV han.
Nov, have been told that the parties realy pons An
inc this bill introduced, having failed to secure the passage - a On
aboishing the death penalty, the legislators we're toid-ms i om nav .s
been hurried through-the reason OF tn amendment was ~ s sewing \
provision about murder committed by a onVct IN s"e PSI -. I'd
* it, = III attention OF most OF them, | think probably IN
think this will be found to be true, was OF cameo 70 nrdar
,hese words cr other kind OF wiful premedtated murue''
Nov, let US consider just M moment some results III .% Oh u nnn iaS.
II the legislature had, n a fair contest, decided to abohshe apt pm n
nen, we could only have said the representatives OF the people ha'e
decided it is better not to have death punishment, n aould noa nav e
complained, though some might have disagreed with ue"' Dt
o what they have done:
"These cases am going to mention are only some that come INTO
INV mind and OF som / have studied out to represent extreme cases,
and there are thousands or that | will not mention.
"Tbe result of this law is that a murder may be a cold-blooded n
nremedhated as yer devised, nd yet will not be murder OF the fist
degree unless it be murder perpo rated by means OF poison, lying IL
N. -. tor,rre or committed in The preparation or attempt to perpe-
,.a.. arson rape robbery or burgl y, Or by a convict in the state prison
sa~na = life sentence That is IL result of this law; in other words
ser"he q m -. 80 could TODAY !; COR when you go home to lunch,
- cared 10 murder your wife, II you stood in back 9. tn or ana ,
u -, ~ srh her to pass through thc door and then kill her, you would
then be guilty OF murder of the + st degree oecaus sou WEI Sms =
wall But if you would get up from the table md wen IN the bedroom
and got a revolver and shot her you woufa ueh IN -. -, So la
49, of he second degree. Tat is n illustration. could TINS MN MN
ut 90 up to my house, beat ot M Drains Oh my 80 10 me gd
md Il would be murder of the SCI nd degree me my unlshme wouu
IN !" 49, vs,rst q lie. Sheriff Harris could be called ut tomorrow
70 try to catch a murderer, a coldblooded murderer n II u "a yin
Hooded murderer should shoot him while ne vas oems eaus"' /" y, m
~.sdsr "a III second degree. i he ws taking the murder to jan up
rrort street and the murderer should turn Jul ad yea! mn 70 ae''",
it would be murder OF me second ueso'p
from ten years to life.
n"n aIs man is stealing out of a box ar and an officer goes to arrest
him ar anyone goes by and he is afraid he vii get caught me kns MAJ
~on - would be murder Of the second degree. If you or or a
passreener should have property out in the alley he did not ave time
nst IN n someone a taking it and we ven out to protect it and
:. Lured us it would be second degree murder. why? eau II Is
-. .rson. ape, robbery or burglary; it is larceny.
NJ "rh.se are only a few samples and do not think they are the worst
49, There are thousands and thousands OF others. If my wife
had life insurance Of 100000. and il would like IN a couple OF years