Elko independent. [volume] (Elko, Nev.) 1915-current, 1915-08-09
JUDGE TABER'S REMARKS
in SENTENCING SALGADO

piSLleulldtSu as ever was devised, ana
yet will not be murder of the first
degree unless IL be murder perpetrat-
ed by means OF poison. lying in wait
or torture, or committed in the per-
petration or attempt to pe:petrate
arson, rape, robbery or burglary. or
by convict in the state prison serv-
the result Of life sentence. That is
the resul: of this law; in other words
any one of you men could today at
you cared &c murder your wife, if you
stood in back of the door and waited
Tor ncr to pass through the door and
then kill her, you would then be gull
ty of murder of the first degree be-
cause you were lying in wait. But if
you would get up from the table and
went in the bedroom and got 4 revolv-
er and shot her. you would then only
be guilty of murder OF the second de-
gree. That is one illustration. Il
could this minute go up to my house.
beat out :he brains of my four-year
old girl, and il would be murder of
the second degree, and my punishment
would be from ten years TO life. Sher-
if Harris could be called out tomor-
row to try to catch a murderer, a cold
blooded murderer. and if that cold
blooded murder should shoot him
while he was being caught, il would
be murder of the second degree. If
he was taking the murderer to Jail up
Front Street and the murderer should
turn around and beat him to death,
ii would be murder of the second de-
gree, PUNISHABLE with a term of from
ten years To life.
Now We nave i'll the preparation or
attempted preparation of rape, arson,
robbery or burglary. II man is steal
ing out of a box car and an officer
goes TO arrest him or anyone goes by
and he is afraid he will get caught
and kills that person, it would be
murder of the second degree. If you
Or l or a Gtorekeeper should have
property cut in the alley he did not
navy tiliiS W SCI III WAS
taking it and we Went out to protect
it and he killed us, it would be second
degree murder. Why? Because it is
not arson, rape. robbery or burglary;
1t is larceny.
These are only a few samples and
do not think they are the worst there
are. There are thousands and thous-
ands of others. If my wife had life
insurance of 100000, and if would
like in couple of years to marry n
younger girl of great beauty or fasci-
nation, the next time my wife was TAX
ing bath l could catch her and hold
her head under the water and murd-
er her, that would be murder in the
second degree.
Is 1t any wonder, gentlemen, it
shocks every instinct of trained
lawyer, or the common sense of any
right minded man that the legislature
should pass any such law as that? II
have no reference to this case at all.
This man is in trouble enough and
| am not here to abuse him, but am
pointing out to the people, the few
that are here, so they can spread it
why that law should be changed in
this community for the protection of
the lives OF everyone of us.
The very essential idea of murder
in the first degree in American history
has always been wilful premeditated
murder. The Legislature cut that out |
and says II is not murder in the first
degree unless one of those particular |
kind. So II could be premeditated for
weeks or months and planned in the |
most cold-blooded manner or most |
atrocious manner, and Just so 1t Is not |
done in the manner laid down by this |
statute II would be murder in the sec. |
ond degree.
The reason | mention this is not for |
the reason of venting my feelings 80
will feel better, but / realize the |
situation as all must. If they want |
to abolish the death penalty let them |
do 1t in a fair fight. tut this is an
insult to our common sense. l would |
be ashamed II would go to the bar
association In Salt Lake this month |
to tell them we had such law In our
books. For even granting the death
penalty should be abolished, it would
he no reason for such an absurd law
as that one Some crimes infinitely
more infamous than tlat are made
second degree murder
hope these men here will spread
this so our next legislature will cor
rect this fearful mistake. At least, If
they want to abolish the death penalty
that they will do IL fairly and not by
such q situation as this so as 10 shock