The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-03-20
FOR FIVE LONG YEARS.
John Taylor Sentenced by
Judge Zaue Yesterday.
DECISIONS MOTION DENIED.
The Sentence the Lightest That the
Law AIIOws-"May It Prove
Lesson"


ton of Judge Zane in the Third District
Court, was the motion made by Mr..
Dickson, for new trial in the case Of
the People VS.. John T ylor, who was re-
Gently convicted of murder in the sec
ond degree. He made caref l review
of The to timony off red, going over
considerable Of the same ground as in
his argument before tn jury. There
was, b, thought, no evidence to
warrant any other finding by
tn jury than verdict OF man
81 lighter; that there had been
provo ,ation for the act was apparent.
and 1t was such as would have aroused
the ire of any reasonable man, had he
seen his father, as John Taylor did,
living there in the cabin, with the b'ood
streaming from his fee, the result of
the wound that had been inflicted by
Osborne. He did not lieve that lay
lor intended to kill Osborne, and con-
Guided by saying that if this verdict is
the true verdict, then we may all
tremble, because we know not when it
may come our turn. He did not believe
| that there was man within the hear
| ing Of his voice. but who, had he be IN
paced in the same position as the de
| PENDANT, would have done the ms as
| Taylor dill that night IN the canyon.
| As Mr. Dickson concluded, tn Judge
glanced toward the prosecution, but Mr..
| Peters merely shook his head, saying he
had no reply to make; the Court was
familiar with the testimony.
THE JUDGES DECISION.
It is long since such a profound
silence reigned in. the court room as
when the judge made ready to decide
the motion. The defendant. he said,
with Philip Bond, had been indicted for
murder in the first degree, and the jury
had made a verdict of murder in the
second degree as regards Taylor, and
had pronounced Bond not guilty. The
question was, were the circumstances
such as to warrant such verdict-was
the verdict clearly wrong2 If a judge
was satisfied beyond doubt, that the
jury had erred in any case, he had a
right to set the verdict aside. He pro-
bench, and the Judge who did rot haI e
the courage to set aside verdict when
it was clearly wrong, had better get Of
the bench. He reviewed the testimony
thoroughly, giving the main points
,caretul scrItiny. II E.as no. necessary,
he said. to show that the defCn"2-.
actually intended 10 kill Taylor. re
there is evidence OF generalization to
some extent. If, % vas testified to b;
ore of the witnesses. defeE 1art went 10
Mage to b >rr0T n pistol. there could
be no doubt that he intended to use
lit - that he intended to xii;
Osborne. The evidence On this point,
however, IS somewhat conflicting.
From Magee's defendant then went to
the cabin. where his father was lying
ana inquired whether he was hurt, and
then returned 10 the crowd, with the
club He was told by Bond not to hit
Osborne, or he Yonld XIII him. The
tTepiy was that lie w3uld fix sim. That
defendant Intended TO use the club was,
1t would seem, evident from the man
ner in which he held it, when he ap-
proached Osborne, carving it behind
him. as though endeayOriDG to conceal
the weaponfrom Osborne. 1t may have
bean that tuat was q natural way for
him 20 carry linen sometimes carry
their canes (snliliDg) that way
buC it is hardly probable. From
all Of the evidence, J. am
MOI prepared to say that tia
verdict of the jury WAS clearly wrong, sc
much 90 az to aBthoriZs the Court &c
set it aside. Let the motion for a new
trial be overruled-
Mr. eption.
for irdn-
ment.
MR. HoFFMAN-Before judgment is
pronounced, wish to say few words
As your honor has stated, there was
some provocation for this act, for which
young Taylor has been convicted.
He then went on to picture old man
TAYLOR, blood besmeared, lying on his
bed in the cabin. and the anguish OIL his
son when be saw him lying there
doubtless led to the assault on the de
ceased. He hored for such leniency as
the Court might see fit to extend.
THE SENTENCE.
The JUDGE Ito Tsylor)-Stand up.
As you are aware, you were indicted foI
murder IN the first degree. and have
been found guilty of murder in the sec
oDd degree. 1t now remains for the
Court to pass sentence upon you. Have
you anything TO say?
TAYLoR-Only that ask for the leni-
ency of the court
The JUDGE-There was doubtless
some provo cation for your conduct
owing to the fact that there was con-
siderable excitement prevailing; that
you saw your father lying there. The
law makes allowances for the passions
OF men to some extent. You are q
young man, and under the circum-
stances, everything considered, / am
not dispor ed to class You among com
mon murderers- men who have killed
for money or for gain. l hope this will
prove lesson to you, however, and
with that idea in view [ will make the
sentence as light as the law allows. You
will be sentenced to term of fiV years
in the Penitentiary.
Taylor was at once escorted from the
room by bailiff and later went out t
the PEN, to commence the long an6