Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-17

bert Enstrom was Killed In Utah
county. The Supreme court. on Dccem-
Der V. 1895, rendered o decision affirm
ing the Judgment Of the court below.
Judge Miner writing the opinion. and
chief Justice Zane and Judge 1iartch
concurrlng In the opinion. The decision
VIII be found reported In 20 Pac. Rep.
page 7s2.
ON November 6. 1896. the rcm,ttitur
was filed In the district court at
Provo. and on December IN. 1893. Hayes
was again called 10 the bar NJ the court
for sentence. The court then asked
him n he had amy legal cause to show
why the Judgment against him should
not be executed. Hayes replied. ~
have. I am not guilty OF the crime I
am accused OF" The court then fixed
the date OF execution Of Hayes for
January %. 1891.
HABEAs CORPUS PETITION.
on January 2. 1887. Messrr. Powers
strnup a flppmnn filed petition In
the supreme court for wnt OF
hahcas corpus for Hayes The main
point relied on In the petition was that
the Fourth judicial district court
which tried and sentenced Hayes wnn
not appointed. nor held pursuant TO
any law of the State Of Utah. that the
law under which said court was held,
to Wit. an act entitled. An act 20
provide for the fixing Of Terms of
district courts, the places Of holding
said courts and tho rummonlng of
jurors thorcin' approved January
II. 1896, was null ana void In that Il
was not passed or adopted as required
BY the Constitution % the state of
Utah. In that said law was not read
three times In the House OF ReproHen-
tntlvca a. required by the Constitution
~ the state of Utah. and IN that II
vloiatcnd said Constitution In this; said
law contained more than one subject.
Il provided for the nxing of terms ~
court. and also authorized the several
district courts TO issue open vcnlrcs
20 the sheflfla Of the several counties
for the aummonlnR Of Jurors. and the
subject Of said law was not clearly
expressed In Its title. The petition
further oct forth that Hayes wnH not
tried and convicted by lawful jury
OF twelve mon. because the twelve men
were summoned by open vcnifc pur-
ruant 10 said pretended law, although
said pretended law had been super
seeded ana repealed 20 far M the draw
Ing and nummonlng OF jurors was
concerned. by nn net entitled. An
act 10 provide Tor the drawing and
Hummonins Of grand and petit Jurors %
approved. March II. 1885, o..
Judge Powers argued the petition for
aud Frank u. stephcuA appeared for
the State.
PETITION DENIED.
on the 18th OF January. 1897. tho
supreme Court rendered ila decision On
the petition. Judge ilaftrh writing the
opinion. and Grief Justice Zane and
Judge Miner convurrlng. Thc opinion
VIII BE- found In Il Pac. Rep, page Ci2.
APPLICATION FOR PARDON.
Meanwhile fearing that tht opinion
Of thc supreme Court On the pstitlon
for habeaH corpus, might be denied and
not desiring Ia leave amy stone nn-
turned In behalf OF Mr Hayes. Morsrr.
Powers. Straup A Llpman. on the 2lth
day OF December. 1896, MED with the
Utah state board OF pardons an appll-
cation for the pardon OF Hayes. A
number OF aiildnvitA were filed with the
board. In addition TO the aiildayltH u
petition asking for the pardon OF
Hayes was signed by residents " vari-
GUS parts OF the State and nled with
the board.
GROUNDS CLAIMED.
Judge Powers presented the matter
To the board OF pardona aud based
the application for u pardon upon tho
following grounds;
iUHA- ANhA AiN NftNitA VI ANt July
was not sustained By the evidence In
this. that the evidence does not show
that the said Harry Hayes committed
the crime charged In the Indictment
and In support ~ that specification
judge Powers respectfully referred TO
the bill ~ exceptions, which BOT forth
all the testimony In the case.
Sccond-rhnt tho verdict of the jury
In the case was not sustained By the
evidence. In that the evidence did not
disclose that Hayes was. az or about
tho time said murder was commltte. In
or about the place where the murder N
alleged 10 have occurred.
Thlrd-That the verdict was not ron-
dcrcd solely upon the evidence In the
case. an appeared from tho aiiidayit OF
Sarah q. Arrowsmith,
fourth-Onc OF tho principal Wit
nosses for the prosecution. to-wit. one
| u, =. llightsman. was biased and pre-
JUDGED against Hayes, IN that said
lliRhtsmnn had stated that he would
help 10 convict Hayes II heihnd 10 20
Into court aud swear 20 lie,
SENTENCE COMMITTED.
Tho board OF paTdona. after listening
10 the argument OF Judge Powers, and
after considering the afiidnvilH and
| petitions filed. ON the 10Th day OF jan
uary. 1891, commuted Hayes sentence
OF death 10 life imprisonment, and
Hayes has been In the Utah State
prison since tho latter part of January.
1897. having been sent there from the
county iail at Provo after the decision
rendered by the board OF parions.
THE PRESENT CASE.
The AFFIDAVIT OF Sheriff George A.
storrH. which II herewith nied. together
with numerous other aiiidnvlts Of
various parties, VIII show what has
been done In relation 10 arccrtainlng
the perpetrator Of the Pelican Point
crimes since January &c. 1897. sheriff
Storrs In firmly OF the opinion. and We
ourselves are OF the sans mind, that
the man who went by the name Of
Stevens. who was at the Hayes
ranch IN February, 1895. committed the
crime for which Hayes II now suffering
| punishment Stevens real name was
George II. Wright. but he had q mum
her Of aliases. and In February. 1895, he
had assumed the name Of Stevene.
changing II shortly thereafter to
Weeks, and subsequently 10 Case.
Ilcaneotfully auhnitted