| Show THE CASES the decision 0 the supreme court in the cainnon cases has been looked for will much interest lie cause of alic association of judge in them much curio curiosity has been manifested as to whether alic democratic judge would concur with alic others in their of those noted cases the decision lias been rendered and it is found that the acir judge has opinions of his own and alic manhood and determination mi to express them in his dissenting from alic court he sets forth several points clearly stating wherein the lower court had erred in doing and also in failure to notice things which should haw received proper consideration his criticisms contain a plain statement of facts na in referring to the ac lion of the lower court he says A K judge has no to express his opinions upon the facts of the case in the hearing of the jury in a manner that will have a tendency to effect their verdict jhc thc attorney and assistant did not escape n little instruction put forth in compoc language speaking of the i prosecuting attorney he says the representing dij standing tor the by acon 0 alic very petition tant ho oc hag more weight aud influence frith the jury linn private eon ho la supposed to have no more interest in the case than rony bo done between abo and alie prisoner ac alio bar lie to be in hi of crimo and in lila cuorts to euphi acsa it upon the oue hand be Is not to let any anni escape pou ali other band he is to allow innocent man to be con on tills account hii words to alic jury being presumed by abc law and by the people tor that mailer to eman ate ironi an unprejudiced and unbiased liis hac more nd ills remarks be more than those ot an attorney who appears lu ot the defendant A attorney Is not a attorney but a sworn minister ot justice as much bound to protect alic innocent as to pursue abe guilty ills position is one a nat 1111 that ot abe juda himself alic position is a trying anc but alie duty however lie represents the public interests which can never be promoted by the conviction ot the innocent his object like that ot the court should bo simple justice and he liis no right to these to anny pride ol 01 success aud atron may be ills bc liet in the prisoners guilt he must ic that though unfair means may happen to result in doing justice to the prisoner in ton particular case let justice to attained is unjust und to alie whole community we have quoted the above because alie duties ol 01 the edict referred to arc so often overreached in this ri tory so inucci is this the case that men have almost lost sight of justice in their zeal to persons alio with them in religious views hatred born of bigotry and prejudice has been no stranger in alic courts here it would be u luppy tiling for the citizens of this fair territory could they be free of miggion migi ion judges and oilier missionary alic few democratic ideas thrown out may create a stir m certain quarters but good should grow out of lliam they should not bo lost of and the un bilings outside of liis special duties to alio llio injury of citizens should receive a merited censure the press after calling attention to abc various defective points in the trial judge powers closes lis opinion by expressing a belief that the dc fendall fen danl should have a new trial granted hiim because the record discloses thai alio trial which resulted in liis con iati on was not a fair trial in the case of cannon allm judge differed on sonic points of the trial pointing oui errors but in lie of the judgment of the lower court it is again shown eliat if a man is a mormon there is but little chance for justice in his case |
