Show THE HOPT CASE DECISION THE tur case of the murderer frederick hopt alias Welcome will be celebrated in the judicial annals of this territory three times has tte the accused been convicted of the wilful murder of john F turner son of sheriff turner upon evidence that has thoroughly convinced the public as well as the juries that tried the case that the defendant defendi tiit tilt was guilty without a shadow of a doubt yet so far he has been able to evade the I 1 legal ega aga I 1 penalty of his crime mills tills has occurred through no flaw l lav jv in the evidence but in of u errors in me the proceedings on ap appeals eals eais to the tile supreme court of i the ullitz united states the tile judgment of the lower courts has been sec set aside on technicalities the latest decision of the supreme court now makes another trial necessary the excitement caused by this notable case last june will be recalled by the ruling of the supreme court the prisoner applied to judge hunter for tor a certificate to the effect that there was probable cause for appeal this was denied it was wag next taken before the supreme court of the territory and a stay of proceedings demanded while an appeal was taken to the supreme court of the united states but this was denied buthe on the around ground that the application was possibly sibl not made in good faith falth and that au a u appeal might not be taken at all A writ of error to the supreme court count couri of the united states was then sued out and an application made out to the 0 supreme court ot of the territory for a stay of execution while the appeal was pending but this was denied on the ground that the matter had passed out of the jurisdiction of the court A telegram was sent to justice miller of the supreme court of the united states and he replied tah that at h be e had bad no jurisdiction in the case cage the acting acang governor was appealed to for tor a reprieve but in vain the matter was again brought before the attention of the supreme court of the territory by several leading attorneys of this city who considered that under the circumstance circumstances st the execution of the prisoner would be nothing less than judicial murder but the court still claiming the ther they had no jurisdiction denied dewed the application application for a stay ot of execution and recommended th that atthe the executive grant a reprieve the action of the judiciary in refus refas ng to interpose thus throwing the responsibility upon the te territorial ex was denounced as cowardly their position was attributed to the want of or moral courage because of a popular clamor for hoats execution vet net yet the united states law the poland act clearly gave the prisoner the right ot of appeal and aird to execute him pending its decision would be a lesal legal atrocity Ilo llo however wever when all other sources f ailed failed in the vindication of the law the heftrig governor lion hon arthur L thomas interposed by a reprieve in the face of a strong popular sentiment with which quite a number of prominent citizens were impregnated where the judiciary failed to perform a direct duty he proved equal to tho the occasion on we con commended mended his attitude at the tiie time and now comes the supreme courtade cislon and fully sustains it had ajr thomas not takeo taken the stand he be did in favor of law and had hopt been tx executed the judicial murder would have been an accomplished fact notha notwithstanding ith stand ing this the ruling which gives the atrocious villain ilott another lease of life will ivill be greatly regretted or rather it 1 is s to be deeply deplored that there should dhave have beening been in a cle cie clear arcase arease case of murder such buch egregious blundering in the courts of utah had llad it t not been for thi this the red liandi handed assassin would long apo have met mev with the just reward of his horrible crime but when men arg punished the safety of society demands that it shall be strictly in accordance cor dance with the forms bf law |