Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-05
THIEDE IS TO HANG.
Tat Was lbl Sn,enC8 Passed BIZ
Jllss Harca this HluIas.
THE PRISONER wnL NOW AprElL
lie Declined to Lltci Ills Uwh Mode
Of Drath aud the Court
Chose for Him.


That was, in bflei, the sentence
passed upon Charles Tnlodo by Judge
Bsrch, In the Third district courtroom
thus morning., for the willul murder Of
his wife 10 a ptil lasi.
The prisoner wac brought down from
the poniteptiary by two guards, ami
ushered into court few minutes before
~ O'Clock. There was crowded audi.
ence In waiting to learn the result.
rhiede now presented manner and
appearance altogether at variance with
his former bearing. lie had lost his
old time nonohalant all; HE face wore
an anxious look, his eyes were ssu as
though from crying or los, Of sleep,
anu he seemed a thoroughly detected
being, a. II fearing that all hope had
nej. While JuIge Barloh was pass.
log upon the motions for a new Trial
and IN arrest u judgment, argued by
counsel for tho defense last week, tho
prisoner sat In chair agains, the bar
enclosure aud slrAi neu his car TO eaten
every W I'd that iell from the lips Of
the court.
THE MOTIONS OvERRULEp.
The Judge saiI; la the case Of
the people W Charles Thiedy:
This was hassd on motion
Ia arrest Of judgment and Tor a
new trial. | deem II unntovssnry
NN.s ass.. A..
notion, 10 discuss their meTiu. Suffice
" to say that have very carefully
examined the points that were faitsI
by counsel for the defendant on both
OF those notion; also Oh the questions
thht were raised IA regard 10 tue charge
OF tho court, anu the point raised Ia
regard TO the jury being satisfied be.
lUud reasonable doubt, or O. OF being
saii led with each link IN tue chain VI
circumstances, beyond n reasonable
doubt. In considering tue csscs that
seemed to be adverse to that, 10 Will
b. noticed that they were CAGES where
the evidence was wholly oitcumstan.
tinl. In one VI thcsc cases Il was ngfped
by council that the evidence was
wholly cifCumutanlial. ThB supreme
court VI Colorado In that oAae cOnsid-
cred tue instruction wrong, In case
similar 10 the Ole under consideration,
where the same language IA uscu, In
the State Of llnuUis, III Ills, the
Court refused 10 take that view Of ~,
and 1 mink for perhaps the bcs.
reasons | have noticed.
In tue case nj bar The prosecution In
lroduced evidence tending TO show a
confession. think that that confess
sion would balm the nAtuTo Of direct
evidence. The circumstances on each
aide will lead up 10 that particular part
OF the testimony and show ~ TO
whether or not, In the lgnt Of these
circumstances, the confession IL true.
1 lake II that while perhaps that eX.
preston might be- som what mod iiuI,
II counsel ha called the Court's Atten.
lion TO II ut that time II undoubtedly
would have been modlli 81, referring
entirely to the circumstances.
In regard 10 the evidence, or admis'
sion Ia evidence, on tue part OF several
witnesses M o. tho wOman's screams,
anu the evidence Ia reference to the
adj eaThnce OF the deceased and the
defendant, on a particular ocCAtiOn,
while there are very lew authorities
that condemn u 10 "a certain extent, 1
think tue great weight OF authority 10
the other way.
think, therefore, under all the cir
cumslauots, after giving II fair anu
imuaTtiRl consideration, uesifOus Of
getting ut the truth OF the whole mat'
ter, and ut the exact questions OF law
involved In IT., am u tue oplnion that
both motions should be Ovefruled.
Judge Cherry, on behalf Of the pris.
Oner-We take exception 10 both.
Prosecuting Attorney howat, rising
LII the court please, now move for
Judgment upon tho verdict
SENTENCED TO DIE.
A deathllke silence prevailed as
Judge Barlch, locking across at the
prisoner, said In strong tone OF voice:
"Charles Thiede, stand up"
Thiede, trembling like an aspen
leaf, al once obeyed the command.
The court asksd-HAve you any
thing 20 say why tho sentence OF the
court shall not DO pronounced against
your
The prisoner, appearing half dazed, did
not seem quite 10 understand what wAs
said to him, and Judge Barloh repeated
tho question.
"AilI have got to say, responded
Thisde In y hesllating, fAlteTing voice,
"is that | nm not guilty OF the charge
am charged with. G0d In heaven
knows am not guilty. The man VINO
did II IL the only ons under heaven
that knows | am not guilty" SuTelch-
Ing forth his right arm and pointing
hesvenward, tho prisoner exoitediy
exclaimed In loud voice, 81 uun't
know anything about II. Ouly hun
who murdered my dear wiIu Euuws |
Am not gully OF the crime an
charged Will"
As rhiede concluded the last sent.
snee hs spoke tremulousiy auu tears
came into his eyes. IL lookel or "a
moment ~ though no would break
hight down; but no coon pulled aim.
sell together again aud listened attvh-
tively for what had 10 follow.
"Haye anything further to say 2"
asked the court deliberately.
WNo,0 was Thiedr's loeule Tpsplnse.
Then Judge Bsrloh proceeded TO
pronounce sentence. He sgiu-Y0u
were indicted by tho grand Jury Of
this Judicial district for the crime OF
murder In the first degree; you have
been tried by Jury In tue manner
provided by law, ANA found guilty OF
that crime. The penalty liked
by the statute for the crime VI which
you have been convicted is death.
This must be- Inflicted either by hang
ing You by the neck until you ale
dead, or by shooting yOu-At your dis
erection. Which mole OF death 10 you
elect shall DO inflicted upon your
Thiede mOmentarily turned very
palo and answered In words broken by