The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-10-27
MURDER IN THE F1Rsr DEGREE.
With Plea For Mercy For Cough
lin.

/
Judicial district is now in session for
the transaction of such business as
may lawfully come before it."
Those formal words, as uttered by the
baiIiff yesterday morning. sounded
strange and unusually loud in the hush
! that was on the crowded court room.
The jury in the case of Patrick Cough
! lin, on trial for the murder of Edward
Dawes, was in. They had been in
some time waiting for Judge BaTtch
to appear. Coughhn was there as calm
as any man in the room. He sat stol-
IDLY in his seat, but those close to
him could detect the suppressed excite
ment under which he was labortng.
For the most part he sat with lowered
head. but raised it occasionally to
glance furtively about.
Others in the count room were
searching the faces of the jurors, try
ing to read what their verdict might
be, but could arrive at no satisfactory
| conclusion. The crowd was composed
for the most part of people who were
familiar with the case. They had
heard of the killing of Stagg and
Dawes and of the subsequent chase and
capture of the bandits at the time these
events had transpired. Many We're
there who had taken part in the pur-
suit of the two outlaws. Harrington,
Williamson, Taylor and Mcclellan were
there.
Most of the audience had heard pro-
ceedings of the session of court the
evening previous.
They had heard Assistant Prosecut-
ing Attorney Magginnis hurl denuncia-
ton at Coughlin, and describe the var
ious phases of the crime. They had
heard his account of the stealing OF
horses by Coughku, of his firing at
Sheriff Harrington and his flight from
the consequences of this act They had
heard his graphic picture OF the scene
at the cabin that early morning of
July, and had followed with rapt at
tention mis- description Of lhe pIaces
where each man was stationed. They
had seen him initiate the actions of
Taylor moving over to the spring for
drink, and then those of the man
appearing in the cabin door. They
had seen him pick up the very gun
used by Coughlin, and had held their
breathS when he went through the
motions of loading and aiming the
same They had heard him eulogiZe
Dawes and Stage, telling Of their con-
scientiousness, their devotion to duty
and their manly courage, and all for
the purpose of bringing out the oppo-
Site qualities of laWlessness and malice
which he ascMbed to the defendant.
They had seen him point an accusing
finger at Coughlin and cahrly brand
him as a man who had 20 value OF
life and of the things that make life
sweet to an honorable man. But they
had also heard the preceding argu-
ments, and THE calm, dispassionate
charge of Judge Bartch, which threw
innumerable safeguards around hui
man life, and they knew also that the
matter had been discussed ali night 10y
the jury and they wondered what
would be their verdict.
The bailiff raped for order pro-
ceeding entirely unnecessary for the
stiffness was intense. The proceedings
of the previous sessions of course were
perfunctorily read and signed. Then the
jury roll was called and the clerk in
quired If the gentlemen of the jury
had agreed upon a verdict.
The answer was in the Affirmative
and the verdict was handed to the
clerk by Foreman Shields. 1t read
as follows:
1--WE, the jury impanelled in the
above entitled action, find the defend
ant, Patrick Coughlin, guilty of MUIR
der IN the first degree. and recommend
him to the mercy of the court"
The last clause was written in ink
in the usual form of verdict.
During the reading Of the verdict
Coughlin barely moved nor did he to
any appreciate extent change color.
All eyes were upon him and his eyes
were on the floor
In less than minute, however, he
turned and caught the gaze of some
acquaintance
He smiled rather faint smile, but
a smile nevertheless. He seemed less
affected than many other men in the
court room. On going back to the Jail
he turned his mouth loose and went
off and left it. He said he would soon
be outAthe governor would pardon him
and he would pay off some scores that
he owed ITO men who have been in
strumental in getting him into this
scrape.
There was Immediately after the
reading of the verdict a hum of voices
which was checked by the bailiffs. Mr..
O'Brien demanded that the jury be
polled and each one of them answered
that such was his verdict. The jury
was then discharged and left the court
room. Mr. O'Brien gave notice that
the defense would move for new trial
and Wednesday at 2 o'clock was the
time set for hearing such a motion, !
and if the trial is denied sentence will |
probably be passed on that day.
Tt seems that sentence, if passed !
must be death, Notwithstanding the |
recommendation of the jury, though |
this probably was not understood by
the jurors.
Tt is stated on good authority that |
the jury were unanimous on the YER !
dict, and could have rendered verdict |
fifteen minutes after retiring to the |
jury room, but for the aversion of four |
of the jurors to inf1icting the death |
penalty The dispute waxed warm all |
night over this one point. The baihffs |
jealousy guarded the jury room, but +
the newspaper men and a number of |
witnesses waiting over for the George
trial, who were much interested in the |
case, heard enough and could see the I
expressive shadows on the glass door
to know that hot arguments were 60
ing on. Finally about o'clock the
form of recommendation was adopted,
but as the words were added to the
form of verdict, it is claimed, and by
attorneys, too, that the only
thing which, under the circumstances,
the court can do, is to sentence the
convicted man to death.
CoughMn talked freely after the jury
retired Friday night. and while the
court was waiting.
He joked incessa ntly, or tried to-
Asked how he felt, he said he felt ter
rible when NIaginnis was talking-only
ne called him something else besides
Maginnis. Once or twice he said he
,elt like laughing, but did not dare to
before the jury, and another time he
said he felt like smashing the prosecutt-
ng attorney.
Some of the bystanders were specu-
ating as to how long before they
would see the ilIrV ao9in