Show THE HOFT CASE we have received it copy of the do 3 casion of the thoua IV S supreme court in ID tho the hopt murder rd r cu cue a this to one of 0 the t and at att the same bune timo time one of tho the worst worn cue CAM of cohl blocck murders murder ever committed hopt hu bill beer been convicted time and BD gain again the proof hu bas boon been staple at each trial md and yd lot tho the sentence of uie the law w hu hill boon been impossible Impo of enforce local because apparently our oar court conr istace U to try CAM kc cordula cording to law and et ct tho the judge lut last fall deplored the prevalence ol of lyoch h lawand law ud demanded that mor mar donn bo be turned tamed over to him to bo be dealt d ait with ao la elmod seemed to forget brot that tho the publia have memories or of else clebo he wu was la in mood faced with what fco a judge having a record liko like his an rebuke lynch law it la A impossible Z roc see in falt it Is just such courts atiat end I 1 an arest at boco tho t 3 and aad th excuse for lynch law the points nam named I 1 la in tho the syllabus of the report of the U 74 8 supreme court decision are JIM brat is 1 that the trian were obliged to perform duties in tho the P icaco of tho the defendant but abc be court permitted thorn the M to 10 retire from the court coart room and from his hi presence this th though me DO objection was mado made to it at tho the time by defendant was waa to 60 irregular As a to vitiate au all the sub sequent ha mil a the point Is if well talon the tb con a error was vu in ia permitting tile tho surgeon w who he auald hit tho the corpse c state hit a fowler Itlen tided tho the body to 11 him this thill la is made maila the does war stan loa for aig uig tho the rule against loamy CY ideate the third point in the syllabus li is where underline teddor tho statute it at is ii corthe tor ho jury to say cay whether tho the fuels facts mako make a cue of murder in the brat degree or murder in tho the ccone amend degroo it Is error for the court coart to say my la in its ita chirgo chargo that by commit commil tedi hedw wu murder mur derle ia tho the elret degree 1 wo we should may go indeed I 1 thomar the mar tel red li is that any judge should wt know w better than to do uch such oot thing yet that la is precisely what our judo judge learned iad IQ in the law lav did la in be opinion of tho the V U S supreme court what he bo said wall thai all atrocious add dea murder hu bill been committed by soma person lj Is apparent but la in your deliberations you should hould be careful out boi to be influenced by any feeling it if the chark bad taken thu this latter advice to itself it ft would hive becq beca nall off tile higher court uy say latr quoting the statutory definition of tho the degrees of murder and their it to li clear that the observation by the court cour that to alro olous and dastardly murder committed by soma piroa wu wad naturally regarded by them AS LN ice tradition that the of fence by ever WM murder to la tho the fird bon st it wall u for the LA lury jury having been ben informed u w to what was murder by tho ibi lawn of utah to uy say whether the ito fecu made a ease ol of murder ill ia the brat degree or murder in III the levoad degroa degree 11 tho the supreme court then goon go on to zaoie tho the utah UL statute ta tuto WILL which c b declares declare tho the judge mast dot cli charge argo the jury in ia respect to mitten matters of fact fac 11 if which afan ilia film charily to suppose judg hunter wu was ignorant ol of rather thoa that he I 1 a willfully there girded eded it thus deliberately commit ung 1103 ui an error arror which tf irlia he llad boon belter informed ho he won would id have known would vitiate the trial tho no in fourth at nit point to thead the admit ml of hopta hopis confession made to the policemen policeman curr rt fit cheyenne who arms I 1 ad blut aim after a 6 lull fail ezzu am tokalon of this point the tho court coutt hold no DO error wu wall com committed wo we do oot not think the coart or wu w as bound bon it to exclude the confessions upon pom th tho olo to ground that the policeman wu will not dot introduced tho the fifth point relates to the anim deetion ol of the testimony of emerson Eme raon who wu was in 84 ud and who az wu serving out a sentence for murder the taw having b been een changed between the com mission of the crime ud and this ihn it trial cc u to permit 0 to As 0 this thi abo syllabus says t A abo dur j lao 1 I 1 pooai who mr t to leihy Is not jab 10 ltv P to on aaeng M for it tl dom oot kutach to 1 maut 1 1 dona mil 1 tah u abea dooe ad oar akira vla tibe put LZ camm id 1 t I 1 tb 0 puabla WL W L therwin nor dam laurn it lt urn iho dvore 1 ft leawn tb or ijuro ol 01 uie V eruol I liuia Doca z aary lw to lur got r RL cwb t re 0 Bi odeol on bolf I 1 F n I 1 ach uia matut n az rt ul uuro kod ID he heiti t no oae cm be aid to batte ft a beefed reefed no the th buo cuo cocca back again for trial it il I 1 t likely that say aay now trial firce will bo be moro more irce irom from it arron r bors than uio the two which have gono gone before dunles unac then than it is a CIA change n g e aur of judge such glar logeff ors u a are r herein bercia noted must make the bili higher their court marvel what so rt of notions nations out our nm islas amus judge must hive to be sure lure and nd how he could possibly happen to occupy the position u bo be does doc when tho the law provides thai to be then era a should donld bo be 1 left nied Is in ill the law it ij plain that on oa every ground a change tn in tho judgeship is a rotely demanded |