The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1884-01-11
SUPREME COURT.
Donovan Makes an appeal for His
Life-Ir Not Entertained He
VIII Die Next Tues

Life-Ir Not Entertained He
VIII Die Next Tues
day
The supreme court convened yester.
day morning at 10 O'Clock, Chief Jus.
tice Sener presiding, with Associate
Justices Blair and Parks on the bench.
The journal record of the day before
was read by the clerk and approved by
court.
Spencer & Webster, appellants vs..
McMarters, appellee. In this case,
which was to have been argued yester-
day, the following order was made,
which explains itself: This day came the
parties hereto by their attorneys and
announced themselves ready to have
this case heard upon the merits, and
~thereupon, it appearing to the court
that the appellants in this case have
failed and neglected to prepare and file,
and have at this time, not prepared any
printed abstract of the record in this
case, as required by rule u, of this
court, it is evident that the appeal in
this cause be dismissed from the dock
ct by this court, and that this order be
certified to the district court in error
for the first judicial district of this ter
ritory.
j.. W. Blake, Esq, appeared before
the court in the afternoon in the inter
est of Leroy Donovan, now confined in
jail at Rawlins, under sentence of
death, for murder, to be inflicted by
hanging at that place on the 18th day
of this month, which is Friday of next
week. His victim was a barber named
Leighton, of Rock Springs, and the
deed was committed a little over a year
ago. Leighton had been giving Dono-
van money, and in various ways 'keep-
ing him up" and went as far as to
give him a place to sleep in the build
Ing which he occupied as his
place Of business, and he
(Leighton) also slept there.
Leighton it seems was in the habit of
gambling at times, and one night won
quite a sum of money, and in the
morning was found dead with his head
smashed in with a hammer.
Donovan fed, but was captured and
the money found on his person. lie
was indicted in Sweetwater county,
but took a change of venue to Carbon
county, where he was tried, convicted
and sentenced to be hung the 10Th of
this month.
G. C. Smith defended him on assign
ment, but took no steps to carry the
case up on a bill of exception or other
wise.
Mt. Blake was only called upon to
make an attempt to bring the Ease up
on Tuesday of this week, whenit seems
to be too late-not the fault OF Mr..
Blake, however.
That attorney made an application
to the court for a writ of error, based
on two afidavits OF MI. Blake, one by
the former attorney Smith, and one by
a party named Burns.
The latter affidavit was in regard to
a separation of the jury, while the case
was on trial, and also as to the state
ments made by one of the jurors before
he vas called as such, that 1.-The s. of
a b. ought to hang;'' the affidavits of
Blake and Smith were in regard to er.
rors of law, etc., occurring on the
trial.
Mr.. Blake did not attempt to argue
the matter, but said 1t was an extreme
case, and but few days renamed for
the defendant unless the court could
feel justified in interfering.
The court took the affidavits, but it
would seem from the remarks made by
the chief Justice that there is no hope,
and that Donovan is doomed to die on
Friday next.
The decision in this matter will be
announced this morning, after which
the case Of the Lake Shore u Michi-
gan railroad company, appellant, vs..
Warren, appellee, will be taken up for
argument.
Court adjourned until 10 O'Clock this
morning.