Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-06
WILL THE APPEAL
Be. DISMISSED !?
Position Of Abe Majors Under Sen
teuce Of Death for Murder.
MISUNDERSTANDING COURT
Answer Of the Prisoners Attorney 10
Dismiss Filed and Taken I'm.
der Amusement.

The motion TO dismiss the appeal Of
young Abe Majors, alias James Morgan,
now under sentence Of death for the
killing OF Police Captain Brown Of og-
den last APRIL came up before The SUI
preme Court today. Attorney General
Bishop appeared in behalf Of the State,
while Attorney Ricy II. Jones repre-
scented the defendant. The matter was
submitted without argument, the court
merely being informed OF the attorney
generals motion and the answer Of the
prisoners counsel as filed today.
Majors was found guilty Of the crime
in May. 1899. and on the 18th OF tho
same month, was sentenced to death
by Judge Rolapp. The prisoners attor-
neys gave notice OF appeal and on the
grounds that the rules Of the Supreme
CoB,t governing the same had not been
complied with the State based its mo-
ton 70 dismiss.
1t was contended by the attorney gen.
eral that the abstract filed by counsel
for Majors on February l4th, 1900 did
not comply with rule OF the court
rules that but one copy Of the abstract
was filed with the clerk OF the Supreme
Court, when the order required the III
ing Of three. that the abstract did not
contain an index. or set forth the III
Ing OF all the papers In the lower court
etc: also that counsel for Majors had
not filed with the Supreme Court nor
upon the attorney for the State. a copy
OF his points and authorities IN the
form Of a printed brief. nor state
nlent OF the facts necessary and for
the consideration and determination Of
the points relied upon for a reversal as
provided for In rule 10 Of the Supreme
Court
REsIsTs THE MOTION.
In an affidavit and answer resisting
the motion 70 dismiss the appeal Attor-
neg Jones sets forth the lmpecunioslty
Of tie condemned man and says an the
Worl, IN preparing the record on bill Of
executions and the typewrltten alb
strarts on appeal We're procured in
small sums contributed by sympnh-
lzcrs of the youthful prisoner. Thrae
typewriter abstracts, Attorney Jones
AYERS were fled With the Supreme
Court clerk. Five copies in an could
only be- procured on account Of the linz
tied means TO pay the cost ~ doing
the work. The fret copy Intended for
service upon the attorney general was
lost, and Mr. Jones was forced he saws.
10 send the states attorney his office
| copy. necessitating the retaining of one
Of the three court copies. until another
one could be struck of.
The emission ~ the index, Attorney
Jones does not regard. az this stage. as
n material or substantial defect. for tho
/ reason that the abstracts cannot be
used until the case comes regularly
on for hearing az the next term OF
court In the Interim Attorney Jones
asks for permission to supply she index.
In conclusion the affidavit CONTENDS
that the appeal IN case similar to
the one az hnr has been substantially
complied with. and he says Il can. II
necessary, be literally compiled with
/ before the case IL heard. II might have
been heard during the present term, he
says. n the application 20 have the case
| d0cketed on February 18th had not been
denied by the chief justice IN open
court