Show THE REASONS WHY statement by district attorney cluff of his actions in the gilbert workman trial vernal utah sept colb 1909 1009 editor lapress deat dear sir in view of tho articles that have appeared in yow paper pa per lela i dative tive to the disposition of the gil lart bert workman case caise ard tha intense fee feeling you ea as li 13 manifest rest on ell tile the pirt of some cf the good citizens 0 0 vornal vernal I 1 deem it but proper that I 1 express myself in this his matter and will take it as a personal faor if you will tills statement in the first puca place I 1 am surprised at i t the apparent for th the e blood of a fellow citizen which would I 1 ap pear to exist from ahat you say bay and to abc tace 0 who hae tex pressed them soles acles so bitterly in this matter I 1 le io commend that they read ca carefully fully and feudy ov T the chapter of C also the speech 0 of portia to the jew in the M ere bant of 0 venico venice beginning with the quality of mercy Is not ned etc defoie ever a a change of enu was taken in said case the defense offer ed to td plead guilty to man slaughter judge hatch stat d at the time that legally he did not bellee believe the defendant guilty of any crime that the tha deed was committed by defendant while in a at state ate of total un con from the use of liquor but that he believes 4 it would be bet tp api toi fol the defendant to receive some annii aint and would therefore there fora advise such buch a plea county attorney na 1 hanson and myself talked the w uter avor carefully and decided wo we could not accept a plea of guilty to vi V manslaughter but in lew afew of all the facts and circumstances in thab th case we agreed flig rei to accept a plea of guilty to murder in the 2nd and degree this was waa refused and the change tak en to heber the rhe case was nas fought deiy hard ham every point bitterly coa contested tested and after two long lanag boks woks during diring chich time aided by the suggestions and counsel of mf alf hanson avol and sheriff pope all the ability and vigor I 1 could muter muster mu ter was nas brought into the pro acu e cu tion a erdist of degree murder was obtained with the to life imprisonment in order that all may know hw how the facts in the case appe ordo to an unprejudiced mind I 1 will fhate here that when the verdict yas was announced the judge whom every one knows to be d fair and just stated th that tt he would haie been satisfied with a verdict in a lesser degree A motion to set aside the verdict and grant 9 a new trial was submitted by tho the defense it was w based upon certain erms which had crept into tile the record during tho the trial and parti upon affidavits to the effect that the jury had received evidence evl evi derce outside the court room all of which to my mind would have been buffi ent to secure a new trial if the case were appeal d to the supreme court andin and in that event it ft hae ha e meant several ears more lawing thousands of collais extra expense to the state with witha a possible chance of tin an acquittal in the end I 1 say eay possible chance t f an acquittal because our statutes make insanity a complete defense nae and while section saye saya an act committed by one intoxicated la Is none the less criminal nevertheless the jury may imay tako take into consideration the filet act that the accused was intoxicated at the time in determining the degree at A the 00 offense and the testimony oliv of the defense in this cate caie even that of 11 II S meeks and son the men who arrested the accused and escorted him to the jail was to tile the effect that the defendant at tho time was razy drunk and know what he was about while the expert to testimony stimon of drs dra martin and wherritt aas as strong to the effect that men can call and frequently do become absolutely un tin conscious through the use ot of liquor ind and yet ale aie able to balk alk the streets and even transact business it was waa with mith a full appreciation of all these facts and conditions with a recollection of what ml all hanson and I 1 had formerly acied d upon with reference to a pier as heretofore stated that I 1 agreed to not resist the motion for a new trial provided the defendant would cload guilty to 2nd and degree murder and avoid further expense now I 1 ask my fellow citizens of vernal and uintah county counts and es necia lly my friends the county at tarney and sheriff sheri honestly now without passion or prejudice and with a desire to do the 60 square thing and at the same time keep keel in mind the financial interests of the tax payers cd this state WHAT WOULD YOU HAVE DONE IF PLACED IN MY perhaps I 1 w w as not cold blooded on en u ush uh h and allowed too much mercy to temper justice bait it I 1 erred it was on the side of mercy and humanity As to the punishment inflicted that la Is a matter which was wao and always alas Is whily within the power ot the court limited onay by statute and MAN THEN SHOW GODS WHEN MERCY SEASONS JUSTICE I 1 have spoken this much that my may bo be more clearly understood for I 1 feel that I 1 have done my whole hole duty during the campaign last baat fall I 1 promised the people that if eh elected acted I 1 would could use usa all my powers energy and whatever ability I 1 may have hae to be TRULY the prosecuting officer of this district while at the samo earns time I 1 would strive as hard to avoid being a persecuting officer f I 1 cr I 1 am still striving and hope to be able to fulfil fulfill this promise and if es as iou state elate in your editorial of the 3rd ard ierra I 1 have glen gien promise of efficient cervice I 1 trust this statement will answer some of the ghys whys s you say eay the people cannot understand der stand so BO you may not be entirely discouraged as aa to what to expect of me in the future arid and if by experience I 1 should become more cold blooded in my prosecutions I 1 hope none of those who are now condemning my actions will be placed in a position to dire desire mercy memy at my iny hands very respectfully HARVEY clum CLUFF district attorney |