Elko independent. [volume] (Elko, Nev.) 1915-current, 1915-08-09

casion pass without few remarks.
l do not intend to indulge Nh any Il.
rade against this defendant, though |
think the majority of the people of
this county think he ought to be put
to death. Still | am not going to
take the time of the court to abuse
him. He doesn't occupy very pleas
ant situation at any rate, though. as
| say, l think most of the people of
the county, especially those who know
about the crime committed, feel ne
ought to be put to iva h. But he has
already spent months in a dungeon, i
suppose, or small cell, thinking for
certain he was going to be put to
death, and not knowing from day 10
day or hour to hour when it would be,
and now with a long period of I'M
prisonmcnt from which he may never
emerege from the state prison. But
| feel that some explanation is due
here, aside from the error which the
supreme court has found this court
committed. and which the court will
not make any attempt TO evade, but
in particular regarding the new law
which has been passed by the state
legislature. l think the people of this
county will naturally inquire how IL
can be that such an atrocious crime
could be let off with murder in the
second degree, and on top of that with
l hope the newspapers don't be-
lieve they are represented here this
morning-will do thei" part in making
the people understand what the situa-
ton is. and l want TO eXrlain to those
who are mere just how this situation
arises.
At the time this crime was commit
ted the law of this state was that any
kind of wiiful or premeditated murder
was murde: of the first degree. The
law at that time was that all murder
which shah be perpetrated by means
of poison or lying in wait, or torture,
or any kind of wilful or premeditated
murder, or any murder which should
DS luS pSlpSblhIAOh ~
attempted perpetralion of arson, rape,
robbery or burglary shall be deemed
murder in the first degree.
Now, the supreme court in revers-
ing this case did not hold that the
evidence was insufficient to constitute
murder in the first degree, but simp-
ly held a mistake was made in one
instruction to the jury, which might
have prejudiced them against the de-
fendant. So that in the ordinary
course of events what would have hap
pened in this case would be simply
this defendant would again be. placed
on trial, ard the state would natural
Iy endeavu- TO secure the same kind of
a verdict, carrying the death penalty
Now, in the meantime the legislature
of 1915, and / must say that l can't
think they did 1t with their eyes open.
/ most firmly believe that IT was a
trick, and think all will as soon, as
mention this law. The Legislature OF
1915 amended the murder law in two
ways. In the first place they included
in murder in the first degree murder
which shall be committed by a con-
vict in the state prison serving a term
of life Imprisonment. They included
that. The second change, and the one
| wish 20 speak of. they omitted the
words cor any other kind of wilful
premeditated murder"
Now, 1 lave been told that the
parties ~eally responsible for having
this bill introduced, having failed to
secure the passage Of bill abolish
ing the death penalty, the Legislators
were told-this bill having been hur-
ried through--the reason Of the
amendment was to include the pro-
vision abont murder committed by
convict in state prison serving a term
OF life. SO the attention of most Of
them, think probably, and think
this will be found to be true, was not
called to the omission of these words:
'or'any other kind of wllful premedi.
tated murder"
Now, let us consider just one nom.
on' soIne results OF this law. If the
legislature had, In fair contest. de.
cided to abolish capital punishment
we could only have said the reprosen.
.a'iVes OF the people have decided 1t
Is better not to have death punish.
ment' and could not have complained,
'nough some might have disagreed
WIN them. But see row what they
have done:
'hese cases am going to mention
are only some that come into my
mind' and not some have studied
out 10 represent extreme cases. and
mere are thousands more that will
not mention.
Inc result of this law is that a
a