Show 1 HORRORS OF THIRD DEGREE ARE EXPOSED BY DRISKELL ACCUSED IN INTANG TANG TANH lEU LEM MESH ES H Murder Trial Takes Tragic Twist When Defendant Ex Lx Explains Explains plains Series of Confessions and Repudiations to Officers IS BAD FOR THE PRISONER Judge Lewis Admits as Evi Evidence Evidence Evidence dence Stories Related in Jail Concerning the Slaying of Special Police Officer Riley DRAMATIC SCENES IN COURT Drilling Drifting on au a sea ea of uncertainty made up of a tangle of evidence evl 1 nce disputed and repudiated confessions Lucian Edward Driskell who is f on trial In the district court for the murder of Special Police Of Officer O 0 fleer C C C Riley Is desperately fighting to save himself from the extreme penalty Imposed for the crime of taking the life ItIc of a fellow man manAt mant At tt t times yesterday the trial presided over by Judge Lewis assumed a s sensa sensational sensation tion I and even evon tragic aspect Jn In n the wisdom of his counsel was put on the stand to testify In his own behalf during the forenoon session His straightaway story in which he ac accounted accounted counted for himself on the thern night of the murder October 5 1909 was plausible enough but hut when he ho encountered the th shoals of and the tho ad ati admission mission n for fot the purpose of impeaching hie his direct testimony of several confes confessions confessions confessions of guilt which he lie Is alleged to havo have made ma e the young oung man lUan ran Into troubled water ater and metaphorically speaking lv li h has was as in the trough of or a heavy sea which threatened to submerge him when court adjourned last evening with him still under tinder th the guns gims of the cross examination of District Attorney F C Loofbourow With all nil the seriousness which must surely follow the trial of a man for his life there were scenes In the t e room yesterday esterday p which smacked of tho the melo melodramatic melodramatic melodramatic dramatic There were wany opportunities for tor a study stud of in a degree dore OJ never before presented in the state Third Degree Dearee Exposed discredited dis as he may be gave a description of the third degree which hr lii said was practiced upon him in the city cit Jail In Salt Lake which even een made madeth UK the Jurors twitch nervously in their seats Ill tell you one of the tho reasons I made madea a confession to George Sheets and other members of ot the police polle department de declared declared i dared Driskell as color seemed to come eom cometo cometo I to his face faces and for the first time while on the witness stand ho he seemed to shake oft off a stoic Indifference It was wa because I 1 J I was as taken tal en out of the boys bo s ward In the thc th Jail and thrown thron into a bullpen which was wap damp and bad had a cement floor By order of Sheets all my m clothing had been taken from me and I Into the hellhole stark naked and kept there for tor two nights and a day da without food or water Occasionally nan Sheets came down to where I was and standing outside the I bars he h waved a bloody shirt In one ha and held a revolver In the other and ex ox exclaimed I claimed Hero Here is the bloody shirt of the theman theman man you ou murdered and here is the gun gm gunyou I you did It with They The then took me upstairs and kept me without water and would not let any anybody anybody I body come near me I 1 was sick and In a abad abad abad bad state of mind I wanted to get a lawyer lawer but Sheets told me 1 I was doing well enough ft tC C lawyer When hen the Jailer brought people In to Identify me he lie would call out Bring that murderer out Pity for Accused With mth nil nn the sternness of the law la which makes the way of the transgressor hard Continued on Page Two S S 7 4 65 S Ss s S S 2 S 4 S S S 1 y 55 t S S S 1 I 4 l t k 4 S S S q 5 i k 4 S f S e S SS 5 j s 5 LUCIAN E DRISKELL Accused of murder lie III reveals working of third degree decree by the pollee police r OF THIRD DEGREE ARE EXPOSED BY DRISKELL t ILL FATED II DRISKELL NOTE 1 i E SHOWING FEAR OF ROPE ROPEr r AUf 1 24 Li cA cAt J Je e Ci vvE t r y us tt cris pt sub Cb d AA AP i s z L Ee r r a ekes e C CI L LL I L ka b 4 ku ko t th h A e t v J Jr r t JIA dP e iY iYo t o M f t LETTER SENT BY DRISKELL TO BROTHER FROM JAIL Continued from Page One an nn element clement of pity for the accused could i not be suppressed When ho said that he the was Wag but 23 3 years old and even In this thia enlightened day and age of opportunity t he h could neither read nor write and or orthography orthography orthography I was impossible to him Even when the truth of Ills his manifold versions of his whereabouts on the night nigh that Officer Riley was murdered were seriously in question those who heard the reading of his letter to his hla aged mother In to Fresno Cat CaL in which he ap up appealed appealed pealed for lor money n ney with which to secure legal counsel to defend him in the trial f there were those in the court room who It could not entertain a doubt that the ap appeal appeal appeal peal to his mother carried the tinsel of j 1 Insincerity attorneys made a determined 7 I fight against the introduction by the state of or tho the confessions alleged to have hae I been made by their thell Client to the t e poll 17 t I and business men at t the city jail jai a short f time after the murder of Riley Rile While disclaiming that it was his hat Driskell admitted that he had seen the i hat or one similar in color and shape and had claimed it us his when he made his police confession Discredits Own Confessions Driskell stubbornly resisted adroit ef efforts forts of the district attorney to induce him to admit that the confessions made fj 0 to the police pollee and to Sheriff Sharp after he had been removed to the county jail and was free from any an undue influence or alleged intimidation of the police of officers officers fivers were the true facts In the case The accused d persistently adhered to his statement that the confession made lo to Chief of Police Polls Barlow Chief of of Detec Detectives Detectives Detectives tives Sheets and in the presence of other officers was secured under duress prom promises ices of protection and by b stratagem and andt t misrepresentations He had a harder time however in ex explaining explaining wily he corroborated the con confession and admission of ot his guilt of 1 the tho murder when he told substantially tile the same stOl story to Sheriff Sharp Why did yOu make the confusion confession conf slon to Sheriff Sharp the district attorney I ae asked ed t tWell edwell Well Ill tell you OU said Driskell You see when 1 J left the city jail and George Sheets gave gae me a II bottle of whisky and anda a tobacco sack full of or yen en she he lie said to me meNow met mee t e Now Driskell it is up to us to crack your neck if Ie It you ou dont stand pat paton paton paton on the th confession made to us Besides I was as full of ot opium when 1 first went pent over to the county jail I 1 have hav havn b been addicted n to the habit Tor five the years aid aLd as us I was WB sick and weak it did not tale taUe mu h to tell on my mind Own On Story In direct story sto in which he denied guilt o of ot t the crime he said he loft left his rooming house the Oaks rooming lg I house at South Temple and First West Vest J streets about 30 on Oi the even een ing lag of October 5 b 1909 1903 and walked to the corner of ot Second South and Commer Commercial Commercial cial streets where he met his pal Ken Kennedy Kennedy Kennedy nedy We then went to First South and Commercial Com Commercial Commercial mercial streets where we met a II a young fel fellow fellow low by the name of Healy said Dris Driskell Driskell Driskell kell Kennedy talked to him a few I minutes and then we went back to Sec Second Second ond end South and Commercial streets and J 1 1 got my overcoat from i saloon where 1 I had left it Kennedy and I then went to the Majestic theatre After the show I think it was close to we went to Second South and State streets Do you remember of being arrested by Officer Riley j Yes I do He stopped us at the northwest corner of Second South and State streets What did the officer say when he stopped you He simply said he wanted us He took Kennedy by the left arm and me by bythe bythe bythe the Bright getting in between us and started north on State street sheet for the police pollee station I was on the outside and we re had only gone a short distance when I broke away from Riley RUey and ran across the street and In through the Orpheum Or Orpheum alley aliey aIle District Attorney Loofbourow did not introduce the confessions as a part of ol his case against the defendant and he would not have bave introduced them had not Driskell bee been put on the tho stand to bolster up his own weak side Bide of his trial I Confessions Creep in Judge Lewis frowned at any attempt upon the part of or the states attorneys to present these confessions as direct evidence against the accused but after an hour of argument in which au authorities authorities aUthorIties of ten state supreme court reports had been cited by counsel for tor either side the court sustained the con contention contention contention of the district attorney that the confessions might be used in cross examination for the purpose of at Impeaching Im Impeaching Impeaching the evidence of or the defendant who had testified iu in his own behalf story direct of how he claimed to have havo boken broken away from the custody of Special Officer Riley RUey at of South Second and State streets sev several several several eral minutes before the shooting how he ran across the street and disappeared disappeared disappeared through the Orpheum alley and his whereabouts up to the time of the arrest savored of the truth but his story was badly shattered when he was under confronted by a series h of confessions in which he admitted e d having tilled killed the police pollee of officer officer Notwithstanding the precarious position 1 position tion in which he was placed and the utter inability of his lily attorneys to as I slat him Driskell parried blow after blow and fought on bravely under a decided disadvantage and stoically I made the most ost out of ot embarrassing situations On many occasions he ha contradicted 1 himself and became involved In cantu confusion sion sian in his effort to hold together the thread of or his direct testimony Which made him a malefactor malefactors but not a murderer Met Mot at every every point with interrogations Interrogations from the district attorney armed armedas as he was with the powerful weapons of previous admissions of guilt Dris kelle kells contention of innocence was bat battled battled tied down time and again a aln Produces the Revolver The dramatic climax in the proceed proceedings proceedIngs proceedings ings came ame late in the afternoon when 1 District Attorney Loofbourow unceremoniously unceremonIously opened a anddrew and anddrew anddrew drew from it a large Colt Calt revolver encased in holster This revolver was found in the room occupied by Driskell in Ogden when he was arrested and it was with this re revolver revolver revolver volver that Driskell in his confessions made to the police and to Sheriff S Sharp Sh rp said that he fired the two shots which killed Officer Riley Reluctantly and despite the most ur urgent urgent urgent gent objection by his attorneys Dris Driskell Driskell kell was obliged to take the revolver and nd show the position in which it rested at the front of his trousers resting within the holster snapped by bya i a clover device to hIs hia waistband The district attorney forced the tho accused ac accused accused to enact for the benefit of the jury the manner in which he ly drew the gun from the front of his hill Waistcoat when he shot Officer Riley Driskell went through this dramatic illustration It was hypothetical in that Driskell said that it was not real but merely In the manner described in his confession and in accordance with the way he ho had bad described the tragic scene to Chief of t Police Barlow Chief of ar Detectives Sheets and other officers oh on on the evening of October 18 after atter the murder The prisoner was also confronted by bya a black derby hat which was found in inthe Inthe inthe the alley on the east side of State street between East Hast First South and East Kast South Second streets through which the man mati who killed Riley es Getting well into the Orpheum Orphe m alley alIey I came to the intersecting alley I think 1 they call it Plum alley or something tike like that There I stopped to see sea Kennedy and the policeman poll man pass pas on the other side Bide of the street but I could not see them While I 1 was standing there J 1 met an old fellow t twe we called Dutch Duncan While we I were standing there we heard two shots I left Duncan Juncan and ran into the negro saloon at 33 Commercial street and got gota a drink I then walked down Commercial street stroet to Second South street where I met meta a couple of fellows I 1 knew when when I 1 was In Ogden I 1 must have stood there thereabout about fifteen minutes when Duncan came back and said sald he had helped to carry Officer Riley who had been killed to the police pollee station I took Duncan to a Chinese res restaurant restaurant restaurant and treated him to a supper sup r Flee to Ogden I then went went to the th Oaks hotel where I r roomed I think it was then about 1015 I slept there all night In the morning Kennedy Kenned came up with a suit suitcase suitcase suitcase case filled tilled with watches He took half u IL dozen of them out and sold them and gave me 6 which he owed me We then met the tho Ollie Pierce at First South and First West streets I told him about selling some watches and went jack sack to the rooming house and got fourteen four fourteen fourteen teen which I 1 gave him and he sold them Kennedy gave guve him Jl it I and two revolvers for tor or his bit Pierce told me about a landlady at atthe atthe atthe the Orpheum rooming house whom he said I 1 could get drunk and trim her of her diamonds but he wanted his cut out of the transaction Kennedy and I left lert for tor Ogden at 2 on the afternoon of ot October 6 Anton Thompson of First avenue was an unimportant witness at the morn morning morning mornIng ing session preceding Driskell A young chap who very ery gave g e his name as aa James Raymond Healy and who was w s arrested with Driskell and Ken Kennedy KenIdy Kennedy nedy Idy in Ogden and brought back to Salt Lake to serve six months In jail he hav having havIng having ing been given a floater by the police testified that he met Driskell and Kennedy on 01 Commercial street near First South street about 30 on the night of the murder I noticed Kennedys pants bulging out in front and I 1 discovered that he had a pistol concealed said the witness Ken Kennedy Kennedy Kennedy nedy asked me to go across the street to toa toa toa a restaurant and see if a couple of wait waitresses waitresses waitresses he knew were there When I returned he and Driskell were gone I J saw Jaw them in Salt Lake I ke several days later and then met them in Ogden about a week later When court resumed for the afternoon session and Judge Lewis had passed upon the objection to the admission of tho the con confession confession confession made by Driskell District At Attorney Attorney Attorney torney Loofbourow had a hard time making mak m k kIng ing Driskell admit that he had signed the confession Driskell Double Crossed Driskell said that Detective Sheets had sent a prisoner by the name of relder to him that had agreed to act as his attorney and after he Drs Dris Driskell kell hell had been kept drunk on whisky sent in to him for several days be he signed a paper which had told him was all right Driskell claimed claimed that that double crossed him The accused also said that he |