The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-05-17
7 prefer to be shot.

FANA1i ~ w SlDA-
That is what James Morgan, the boy
lesperado, said TO Judge Hart when he
was brought into the courtroom at
Brigham City yesterday morning to
have sentence passed upon him for the
murder of Captain William A Brown
of Ogden. on April 50. For the laws of
Utah permit murderer to choose his
manner of death-Whether he shall be
hanged until he is dead, or shot until
he is dead.
Morgan replied to Judge Hart in a
calm, even voice; there was not a
1remor nor a trace of hesitation His
tone was low and subdued, but steady
and earnest. 1t did not show affected
indifference or bravado, nor was there
q mask OF weakness in il. But his was
the Will of a nervy man, VINO realized
his fate and understood il thoroughly.
And the boy said this before a large
audience, as large a crowd as the little
courtroom at Brigham would hold.
Outside there was the brightness of
sunshine and the smell of green grass.
The little courthouse, which sits in
pretty lot with sh-ubbery and a neat
lawn about il, is naturally the central
point of interest in the town. On this
occasion IL was the main point of in
terest for most of the people of Box
Elder county. All of them had not
come but many had left their homes
and their farms TO drive in, that they
might see and hear the final act of the
tria! of this boy, less than 10 years of
age who is charged with and convicted
OF a desperate murder.
There wee not men alone in the
courtroom. Women, old and young,
occupied the front bench and chairs,
while the men stood up wherever they
could squeeze in. 1t was somewhat of
q gala day for Brigham ladies, for they
wore the best millinery that a country
town affords, and they has as many
ribbons as the stores would furnish.
There were motherly old ladies who
could hardly restrain their tears who
looked upon the young. bright prisoner
with much compassion. There were
young women, too, but they did not
seem TO take as much interest as did
the elderly ladies. Not understanding
the legal formulas and technicalities
so well, they could not SO thoroughly
feel the tragedy of the situation.
a Trying Ordeal.
Before all these people, crowding
about him and looking at him with
glued interest, in the presence Of en-
barrassed lawyers and the stiffness of
the judge, IL was a trying ordeal for
any man. But this was a boy. and he
didn't have q. friend or a relative nearer
than California, except his lawyers and
his dead brother buried in the sands of
Box Elder county.
1t was a dramatic, tragic scene.
Probably every nerve in the courtroom
WIS strained to the pitch of the prison.
er-S, and many persons showed more
emotion. For Morgan was easy and
quiet; he was game. There was about
his eye a slight glistening that might,
under greater strain, have become q
food Of tears. But he didn't whimper:
he didn't tremble; he was thoroughly
game. For one so young he is a study
and q phenomenon.
THE defendant may arise" said
Judge Hart, and the boy, win an open,
earnest look, gazed at The court during
his remarks. The judge proceeded to
say, in a rather hesitaIing voice. that
the prisoner was charged in the infor-
1nation with the deliberate. wilful and
premeditated killing of William a.
Brown. and that the jury had brought
IN a verdict Of guilty in the first de-
gree.
Have you any legal cause why SEN
tence should not be pronounced?"
asked Judge Hart.
Morgan, still standing, bowed toward
Attorney r. H Jones.
An Unusual Plea.
That gentleman arose and made
rather remarkable argument to the
court in behalf of a stay of sentence
and new trial He said that the law
gers for the defense. having had very
little experience in homicide cases. had