Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-06-27
MMILLEN BREAKS down /
md Pleads Guilty 10 Murder in The Second
Degree.
SUDDEN ENDING OF The TRIAL TODAY


Proceedings In the McMlllen murder
trial came TO sudden, but not alto
gcthor unlocked for, ending In the
criminal branch Of the Third district
court this morning. by the defendant
Withdrawing his former plea Of not
guilty 10 murder In the nrat degree and
pleading guilty to murder 10 the second
degree.
Tho scene that followed 10 changlnH
u the plea was a most Affecting one.
McNlicn'a sister, who has been IN
constant attendance ut court since the
case began. threw her arms around her
brothers neck and both gave vent to
their feelings In tears. The poor wo-
man was torn from McMlllen's arms
and had to b. almost carried from the
court room In a state VI hystcrlca.
McMnlcn's trial commenced last
Wednesday. the s2nd Inst
The Jurors had taken their seats Just
before court vpenod this morning. and
shortly afterwards were pollcd by
Ciork Mcluy. Judge Norrci gave the
word t1 proceed. when County Attorney
Van Colt arose and. addressing the
court. said he desired to make state
nicnt
Some time laft summer" said At
tornoy Van Colt. both NcMillrn and
Phelps agfctd with the state to plead
guilty to murder In the second degree.
Eacn Of them requested the prosecution
10 recommend tn yuut honor that their
sentence b. not more than twenty
yoara' imprisonment The State agreed
90 accept the plea. but refused to enter
into bargain with either of them
Phelps accordingly changed his plea
ana pleaded guilty to the lesser crime,
whom your honor fixed his sentence at
lifr imprisonment
4 am given TO understand that Me-
Millcn IN now also willing TO plead
guilty Co. murder IN the second degree,
which the prosecution accepts and
recommends that his sentence be not
more than twenty years lmprison-
mcnt"
Mr. Van Colt then proceeded 20 give
the history of'thc two men. Phelps
record, he said. was very bad. Me-
Mlllcn'a record was good Evil aaso.
Citations ana bad surroundings had
brought him 90 the position he today
occupied. McMillen, Mr. Van Colt
further stated. was weak willed and
allowed himself TO be made n tool OF BY
Phelps Mr. Van Colt desired II I'M
dcrstood that no bargain had been en-
tered into between the defendant or the
court, with the prosecution. lie only
recommended the defendant be allowed
10 change his plea, and that on its he
inr accepted by the court he be sem
tenncod 10 twenty years In the State
prison.
Judge Norrcii then requested McMll-
len 10 stand up. Addressing the
prisoner his honor said;
THE court has been given 60 under
stand that II IL your wish 30 withdraw
your former plea. u the court cor
rcctly informcdf"
McMllen--I plead guilty 20 murder
In tho second degree. nIcrc McMillen
almost collapsed and sank into n chair
alongside his sister. sad scene fol-
iowinF)
As soon ns quiet had been restored
Judge Norrell said he felt constrained
To accept the plea and further remarked
that Sir. Van Colts statement rs 10
McMlllen'a previous character would
be given due consideration.
The court then fixed Wednesday
morning ns the date ~ McMiilon's sem
tence. McMilien was handcuned and
taken back 20 the county Jail. by
Deputy Sheriff MeLelland. Judge Nor
roll thanked the Jurors Tor the attention
they had given tho proceedings In the
case and ordered their discharge.
To those who were familiar with the
trend ~ events for tho past few days
the action ~ McMllion today occn-
STONED no particular surprise. The fact
that Judge Norrell allowed the comics.
sion ~ the defendant o. go tn tho Jury
made n strong case for the State. Had
the case been allowed 90 ro 90 the jury
there II little doubt but what McMilleu
would have been found guilty ~ muir
der In the first degree, with probably
recommendation 60 mercy
Although the statement was not
made In court II IL well known 10 the
officers n the law that had II not been
Tor McMllien no clue o. the murder 81
John EHAn could possibly have been
had. Ito was the first ~ own up and
told straightforward story. resulting
In the arrest NJ Phelps, and never once
trled 20 shield himself
To-day he was very much affected,
This" hp said. comes OF drink and
evil associations"
Phelps. who has enjoyed drive to
the city Tor the past week. was taken
back 10 the prison this afternoon.