Salt Lake Herald-Republican | 1910-05-15 | Page 38 | 'Unwritten Law' is Written in Utah

J RITTEN lAWIS L IS IN UTAH UfAH Killing to Protect Womans n Honor Justifiable Homi Homicide r cide in This State MAKE THAT PLEA PARENTS ARENTS p AND AiD WIFE VISIT IN CELL DAILY Special to The Provo Pr vo 14 Claude H Clive was waa taken taken before Justice of the Peace A A Noon Noan today toda for fo preliminary ex cx examination x tOT for fo the killing of cf f W O Q Wil Wilcox Wilcox cox at Mill Fork Fark on the night of or ilay ay 7 Only sufficient evidence to o stab establish lish the killing by Uve Clive was intro the state s teNo Xo No evidence eid nce was Wag presented d by the defense Clive Uve was held without ball bail on nfl the th charge of murder In the first degree On Monday Attorney J W X N White cotton for the defense will go before beor Judge J T E Booth of the tho Fourth dis die district district dietrict court and try to get ball bail fixed for fot Clive Deny It Is Murder Murd lurd The grounds s of the application will wilI willbe willbe be that it will be Impossible to con can convict vict defendant deen ant of murder in the first degree degre which is not nat a offense while a a lessar degree of homicide is 13 This application will be resisted by bythe bythe y the prosecution It is claimed that in investigations investigations investigations made by the officers tends to show that Clive did not shoot as he i I claims as soon as he saw Wilcox com corn coming cornIng ing out of Mrs dives bedroom in the car at Mill MUl Fork but the shooting was done in bedroom In the other end of the car ear separated from Mrs Clives bedroom by the room used by Wilcox as an office This if correct tends to throw doubt on the claim that thab dive Clive heard Mrs Clive remonstrate with some one in her room and that I dive rushed Into the car and saw Wilcox come out of Mrs Clives room This will not affect his defense except so far as it may tend to prove that his story of or the shooting Is Incorrect in the particular stated and might therefore throw doubt on other parts of the story tary l Utah law Favorable The defendant depends on what has come coma to be known as the unwritten law but which is the written law here Paragraph 4 of section Revised Statutes of Utah under the subtitle of justifiable homicide reads In part When in a sudden heat of passion caused by the attempt of the deceased to defile the wife daugh daush daughter ter tel sister mother or other ather female rel relative relative relative or dependent of or the accused or cr when the defilement has actually been committed Clives parents Mr lr and Mrs H C Clive of or Salt Lake Lakes are are here today Mrs C H Clive defendants wife has been the time since her hus husbands husbands husbands bands arrest She visits him in Jail every day