Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-05-14
Case of Young Abe Majors, Under
Sentence Of Death, Argued,
STATEMENT OF ATTY. JONES
Claims that she priaoncr l. Innocent
Of the Crime for which ue
Was Convicted,


/ William Brown. near ogden on SUNDAY
morning April 80 1859. came mp bofou
.ht supreme court today ON appel,
| Attorney Riley ID Jones appeared 10
behalf OF the condemned man. and On,
a,tte was represented Boy Deputy AZ.
| toney General W.. A. Lee
48i0u was convicted at Brigham
! CfF before Judge Rolap and jury Ur
-laF ~ 1893. and sentenced TO- death
Ntr l6 tle court ordering that thl
sea.eu.a De carried out July Z. 1889
Ihp case has been awaiting "a hearing
in one supreme court ever since Angus,
OF thai year
HISTORY OF THE CASE
Attorney Jones briefly stated the case
as follows:
SCOUT O'Clock loo the afternoon. April
30, is93. The defendant then aged ABOUT
! is years, and his elder brother Archie
] Maori We're concealed high up the
| western slope uf the mountain side, In
] kUelllr county Utah
% ihe saWo Time H. H. Gordon the
! snc1u off B02eIder and Joseph Belnap,
| t1 deputy sheriff of Weber c0unty-to-
| gchar with William Brown. 0f ogden
| ut-Were on the same mountain side,
| about goo yards above and east of the
| concealed parues-gCarching for them
I ans tracking them down
hs object OF This search was to- see
/ cure the 8rIcs. of the parties concealed
/ flg au alleged "hold-up' purplricd to
/ hcre occurred Do Brigham city the
night before
AZ tha tUo concealed parties We're
diHurbej 10y lha approach of the pur-
suing trio, they emerged from their
secret hiding and resting place, and
Side by side took precIpitate flight
down the mountain slope westward. at
no tc1t of which many inhabitants of
B1leIier county We're gathered toe
ge.ner
Az the fleeing fugityes were sighted
bv thG pusugrE Brown. 1f Ogden tore
gtug bis place and without orders
dashed hy the sheriff ana when about
INVnty yar0a ahead OF him and bel-
nap. fred simultaneously with Beln p
upon them. but The sheriff then neither
shot himself nor ordered them to-. one
of the pursued stopped. returned This
~. and then with tha other again
noi on. The three pursuers then fired
the second yOIlay-the shot from
Browns gun striking Archie Majors TO
the back. As Archie turned and fen.
or was falling. he or the defendant,
fired q return shot no Brown. which
struck him and Dee ZEN dead. The dee
PENDANT fell behind "a projecting rock.
about SIX feet below and westward from
whore his brother lay. and cr0uched
against the lower portion of 10 for shell
ter from the shots iahout four In glO
of the surviving pursuers-WIth his
hand raised as % white nag Am this
transpiroi in about one-half minutes
time.
Immediately after the two men
dropped, ana thn sheriff and Ben8u
had taken "a couple off shots each ot the
raised hand of The crUuchIug defend
amt they came directly mp Co the dead
body OF the Archie Majors lie lay al
right angles with the line of shooting
his head toward the south. and near
his right hand lay the bIack-handled,
blue-barreled reyolyer-two chambers
Of which contained newly exploded
Shells and .the remaining cham
beers We're loaded. About six
feet westward and below his lIfe-
less body was the crouchlne
form W the defendant behind the
projecting rock About three feet stul
further west and below the defendant
was his "Whitc-handlel 40 silver
mounted revolver which thg Sheriff
then picked up and found every cham
Der loaded
DISPUTED MATERIAL FACTS.
The disputed facts, arising from a
conflict between the Circumstancial
evidence on the one hand and the tesll-
m1ny of witnesses on che other are:
lst- uid Archie Majors Gre the two re-
turn shots the last of which killed
Brown as the black pistol laying nc his
rIEht hand with the Two newly eXpi1d-
ed shells would Indicate and as COR
rlb0rlto1 hy the Fact that the de-
PENDANTS white handled gun was picked
up loaded al around or 2nd-nii the
defendant at The instant HIS brother
Archie was shot down hy his side turn
around take aim resting over his left
hand and fire and KIN Brown as sheriff
Gordon testihes DE saw the defendant
DO.
TWO DIFFERENT HYPOTHESIS. /
This conflict between the testimony
aHd the circumstances gives rise 90 two
hypothesis in the case. The one aI-
y1rcai hy the State 90 the effect that
Instantly as Archie Majors was shot
down by thC Side of the defendant. tha
latter turned around and shot at and
Killed Brown,
The other theory c0ntendod FOR hy the
defense is that Instantly upon Archie
Majors hearing The report of the second
r0ley Doe made Mp hIs mind 90 return
tle fre. and as Doe was shot iu the back /
ha turned hdlf-arlund enough 10 rect I
h.7 hlack-hauIled revolver 0n HE LEFT I
arm end fred and killed Brown and /
then fen dead himself with bis head .
toward the south mo right angles OF the /
sh01tuP and that The defaudant-hls /
y0uuECr brother ala not Gre shot
NEITHER THEORY CORRECT.
The verdict guilty Of murder 10 the
1fs, degree. Mr Jones coutenlol was /
0Troneuus upon either theory Mr. /
Jones believes The older brother did the /
shooting and Boo this connection said.
Whoever fred the lrst reply shot. /
also ured tHe second only two were .
drei Neither ot those came from the .
Vhite-handlad gun Both of them came .
from The same hl8ck-haudlei cur-heid /
.n the hands and guided by Che eye NJ
Archie MaJ1rs rus first shot got the /
range thc second ara che work a. him /
.he pursuers aimed from the natural /
Instinct Co strike 8t the head" and
because De was Trims back Him they
killed. All these things c0rroborate.
strengthen and sustain thc fixed facts
lf the case. as DO The condition and dis
position OF the two reviewers dt the
close 90 the trngcdy"
THE STATES POSITION.