, 1888-09-22
CARTER TO HANG.
The Carbon County Murderer
Doomed to Death.
Supreme Court of the Territory
Aflrms the Sentence.
Two Fremont County Cases are
Ruled Upon.
CARTER TO HANG.

Ben F. Carter, the Carbon county muir
dered, who was respited by Governor
Moonlight about two weeks ago, is to suf-
fer the extreme penalty at the expiration
of the lease of life granted by the action
of his excellency. He will be hanged at
Rawlins October =.
In the supreme court yesterday the mo-
ton for a rehearing of the writ of errer
was oyerruled in an opinion rendered by
Associate Justice Sauhy. Gen. j. G.
Thompson made a mastery argument in
support of the application, but without
avail. Carter was doomed, and no earthly
power can cave his life now Attorney
Willis Van Devanter appeared tor the
people.
Carter's crime was the ~unprovoked
murder of a fellow cowboy named Jeffrey
in a camp on Sand creek, Carbon county,
two years ago. The felon, who was known
as a bully and considered dangerous when
intoxicated, charged jeffrey with being e
stock detective. This was denied and
Carter struck the boy. The assault was
repeated several times during the day.
That night Carter, who had filed himself
with whisky during the day, entered the
sleeping tent allotted to Jeffrey, himself
and two other range riders. He called to
his victim to arise. The frigbted lad was
complying with the order, when the
words Lie down again." and the report
of a revolver came simultaneously. JEFF
frey was instantly killed while in a sitting
posture.
Carter narrowly escaped lynching at the
time of the murder. He mounted a
horse and fed for his life. Stopping at a
ranch he was taken into custody and
brought to Rawlins.
Carter's defense was the statement that
the shooting was accidental. He claimed
that it was his intention to fire through
the top of the tent for amusement. JEFF
frey had indiscreetly gotten in the way.
The murderer was not without friends.
Able counsel represented him in the dis
trict court, and funds to carry the case to
the supreme court we're not wanting.
IT is EXEMPT.
In the famous tax case of the commits
sioners of Fremont county VS.. j. K.
Moore ct al, appealed from the third
judicial district, the decision of the lower
court was affirmed in an opinion by Chief
Justice Maginnis.
This case grew out of the refusal of j.
K. Moore to pay county taxes on property
owned by him and located on the Wind
River Indian reservation. He denied the
right of the county to tax property on
the reservation, and has been endorsed by
the courts. This case is one in which the
people of Fremont county have quite
naturally taken much interest, and they
will be pleased to learn that the matter
has been finally settled.
REVERSED.
The civil suit of Chas. f. Perkins VS..
]. Mcdowell, appealed from the second
judicial district. was next considered.
The judgment of the court below was re-
versed by the supreme tribunal.
SCHOOL TAXES.
In the school tax case of Mai. Moves
Baldwin VS.. H. G. Nickerson, ct al, the
decision of the lower court was affirmed,
but the court being of the opinion that
there was reasonable ground for the APP
peal in the cause, no penalty was allowed.
AN AMENDED ORDER.
A supplement to the decision in the
case of James France the deceased Raw
Inns banker, VS.. the First National bank
of Omaha, was furnished by the court
and entered of record. II said: "The
court being of the opinion that there was
reasonable ground for proceedings in error
IN this cause, no penalty is allowed, and
the Judgment heretofore rendered in this
cause is modified to this extent.
DISTRICT COURT.
Judge Saufy presided at a briet session
ofthe distTict-e0uTt yesterday. A tenn
porary disposition was made of a local
divorce ca e.
SINE DIE.
Supreme court has adjourned to next
January, district court to November II,
the next regular term.
Thu LN,,rlE.h wv II,