Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-10-22

monday morning that 3 day be Fixed
tOf sentence.
Court then adjourned until this
morning, aud Thu dc was taken back
TO The county jail.
"TiiE BALLoTs.o
The Jury agreed upon their verdict
on the teconu ballot at 2;i5 Sunday
morning. The fret ballot showed niue
TOT conviction and three Tor atquitial,
but the eecond ballot showed Twelve
Tor conviction, and all were alike la
favor OF verdict Of murder In the
hfst degree, without recommendation
10 mercy.
NOTION FOR a EKw TRIAL.
In anticipation Of the application OF
the prosecuting attorney for the fixing
Of date for the passing OF sentence
upon Ihiodc, a large army Of persons
cOngfegattd outside Judge Baftch's
court room ut least quarter Of an
hour before the usual time fof opening.
The deiendant, accompanied by his
little daughter, and guarded by c1u.
pie VI Shefiil McQuorn's deputies, was
among the frat 10 arrive, and took the
same seat which he daily occupied
throughout the pr0tFactud tfisl. In
mejiattly upon the opening Of the
uuofa there was an eager ruHh for
places, and every available scat was
soon occupied both within and outside
the bar.
When Judge Barlch had taken his
seat,
Assistant District Attorney lGowat
advanced anu saiu--I move that the
Court now appoint a day,tO pronouu 60
judgment upon the defendant.
Judge Cherry defendant dc.
sifcs 10 fiiu motion Tor a new Trial DO.
fore judgment n pronounced and /
wish now 60 ask for fcasO uablB tlmn iu
which TO serve notice and statement uf
tue points which We rely In making
that motion. One Of these l. the IN.
sufileienoy Of the evidence 10 sustain
the verdict. IL has been long and
tedious tfitl uuu has worn upon me,
physically quite pefcupubly. Counsel
went GA TO say that he had also im.
poftant civil business on hand this
week In Judge Meffitpa court. He
asked TOT thirty days time, Ut least.
Judge Howat considered that 10 long
a time was. unuecttsufy anu Get forth
hia reasons.
There was good deal OF convefsa.
ton on the matter, ami ultimately the
court set Friday, November 2ud, a. the
date for passing sentence anu tue argu-
mcnts on motion Tor new trial.
Judge HOwat-t think tho court
should now make "a order fomAndiRg
TIE defendant 10 tie custody VI the U.
). marshal.
Judge Chofry-Tbere IL no necos-
slty for that until sentence 10 pro-
nounced. lie said II would DO neous-
Safy for him, curing N, preparation OF
bis statement on the motion, 10 SEQ tho
defendant frequently, anu n Thiede
weruaentup TO the peniteuiiafy II would
bo quite incOnyenient for him 10 do 10.
II was an unusual thug 10 change tile
custody Of prisoner until after zen.
tuuce had been passed, and he asked,
therefore, that Third0 remain at the
county jail.
District Attorney Judd-The penl.
tentisry Ia much safer place than
the county jail, ami II Is the practice,
too.
Judge Chorry-lt never has been
done that know or.
Judge Bnftch-whNt IL your opinion
Of that, Judge Howat2
Judge uowat-I think II H. custom.
AIRY TO remand u prisoner 10 the u. 5.
marshal.
Judge BAHch-I think he may be
tvmaDded 10 the custody Of the United
States Marshal.
a moment later Deputy Marshal
Dyer, who wss standiug behind the
Defendants chalG touched Thiedo
upon the shoulder anu beck0ned him
TO follow. He instautly obryed, anu
Joined by little Annie, was escorted 10
the prisonVfs' room. Later ho was
conveyed up 10 the peniieniiafy.
Ihiedo uid not rxhlOit any concern
today, though he looked a ttifie pale,
and there was just n faint trace OF
anxiety upon his face. lie occupied
himself reading a morning newspaper
up 90 the time his case was called then
put It down and listened attentively 10
ail that passed. He took an Affection
ate farewell OF his child before leaving
for the penilenuary.
LITTLE ANNiE's FUTURE.
The question now presents itself,
"What shall become OF tue prisoners
nino-ysat-Old child2h for whom great
deal Of sympathy L. felt. Up to the
time OF the trial she had remained
with her istheT's married sisters at
Sandy, Uut Il would appear that they
have grown tired OF her and do not de-
sire TO care for her any longer. The
last isw ldAys she has been staying
with ole or two beneyulently disposed |
families In the city, aud now sheuii |
Mcqueen, who Ia prlveTblal for Ills |
lafgenrss OF hoAtt, has given hor |
temporary home ia his household. The |
unfortunate child says she |
has no wish Whatever 10
rejoln her fathers relatives at sandy, |
anu seems deeply grateful to those who |
nave taken compassion upon her up TO |
this time. IL Is the Intention OF the |
sheriff aud his wife 10 seek alter a |
home In this city for little Annie, |
where she would be well cared for anu |
kindly treated In what may DO almost |
looked upon 90 her orphauhoud. The |
moor child felt II hard when She said |
"good bye" 90 her parent tbis morning |
upon his tfansieTonco 10 the penl- |
tsnliary, hut, like Thiude himself, she
elects 10 preserve stIlct silence ON the |
subject OF the tragedy.