The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-05-17
Opposed By Jones.

/ County Attorney Jones opposed this
affidavit. and the argument of counsel
for the defense, with the statement that
all these things had been considered by
the jury, and that the defendant was
not entitled to new trial because he
failed to go on the witness stand.
Judge Hart overruled both motions of
| the defense, and the attorneys an
nounced that the case would be taken
TO the state supreme court. After some
consultation with the lawyers on each
side, the court decided upon July as
the day of execution. That would give
sufficient time to secure a decision from
the supreme court, and would save the
trouble of passing sentence again.
You may stand up, Mr.. Morgan"
! said the court.
There was a craning of necks and a
shutting of feet, for every eye in that
court room involuntarily sought the
prisoners face to watch for any change
of emotion or color at this critical
juncture. But Morgan, calm and reso-
lutte, was unmoved. He leaned his left
hand upon his lawyers table and looked
steadily at Judge Hart, who, during
his statement, shifted his eyes again
and again from the boys earnest gaze.
Sentenced TO Death.
1T is always a serious matter" be-
gan the judge, with apparent difficulty,
when one individual assumes, or has
to assume, the disposition of human
life and to fix the time beyond which
a fellow creature should not live upon
this earth. 1t was painful duty, no
doubt, for the jury in this case to find
you guilty, as they have. 1t is also an
unpleasant task for the court at this
time to fix the time and pronounce the
death sentence upon you, although
mere perfunctory duty, SO far as the
court is concerned, unless willing to
violate the statutes of the state and all
legal requirements, the court has nc
discretion otherwise than to pronounce
the death penalty upon you.
Mercy is a divine quality, but mercy
cannot rob justice; justice claims her
own, and there is no way to permit
mercy TO prevent the terms of the stat
ute from being enforced.
You have your right to make your
choice as to the manner of death, tc
be hung by the neck until you are dead,
or to- be shot. Which is your prefer
ence?"
Il prefer to be shot," answered Nor
gan, without a finch, without emotion,
without the shadow of a change.
There was a family audible sigh in
the courtroom, a gasp. So firmly and
SO coolly did the boy speak that the
women sitting near him shuddered. The
tragedy of the situation had been made
plain to them by the quiet and sober
words of the prisoner at the bar There
was the movement of a handkerchief
here, head turned there, and an eye
glistened with moisture, so terrible did
it seem to these women that this
blonde. boyish-looking fellow. without
the mien or the manner of a desperate,
should be shot to death. They forgot,
in their sympathy, in view of the gen.
flpnaCC Or how r1nlilya a
the awful crime, the foul murder of
which he is convicted.
As Morgan continued standing, Judge
Hart proceeded:
The judgment, sentence and decree
of the court is that you, James Morgan,
be taken hence by the sheriff of Box
Elder county and safely kept until the
eth day of July, 1899. and at that day,
within the exterior walls of the state
prison of Utah. between the hours of
8 a. m. and o'clock p. m, that you, by
the sheriff of this county, be shot until
dead, and may. God have mercy upon
your SOUL
Showed No Emotion.
There was no climax after the SEN
tence. The audience had risen to its
greatest height of feeling when Nor
gan chose to be shot rather than to be
hanged. The prisoner himself showed
no, emotion POSSIBLY white tint
came over his usually rosy features,
but it wasn't noticeable. He stared
steadily forward while they in the
courtroom watched him, for they con-
fidently expected, Notwithstanding the
prisoners nerve, that he would back
down.
They We're disappointed, for when
Sheriff Gordon and Deputy Thompson
walked out with him, his step was firm
and his countenance unchanged, except
for the watery CLINT in his eye.
You show considerable nerve" said
Sheriff Gordon.
That is the best thing" mildly an
swered the prisoner, and he was led
over to the jail and left to his own re-
Elections.