Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-06-04

u, Judgment and sentence Of the
+, court Is affirmed, and the
..manded 10 said court with d.
y, N execute the Judgment and
In accordance with law
4 ,sovs words formed the conclud-
4 .,snee In a decision delivered by
oprsne court today in the case
nr Abe Majors, alias James Nor
mv under sentence Of death for
. mns of Police Captain William
near the Hot Springs, Ogden,
I, afternoon. April 90th, 1899.
4 a,non was handed down In open
4 Immediately after the Evans
4 dIsbarment proceedings had
4 i.posed o. The concluding words
I'M me ears of those assembled
4 thunder bolt. everyone present
1 their true meaning, afterwards
NJ thai they sealed the murder
sn They knew that the youth
5aner would now have to pay the
Iwofhis crime with his life. They
1. ihst within the confines Of the
STATE prison. In the near future,
,r,ence OF Judge Rolapp, ordering
4. Majors be shot until dead,
4 ite carried into effect The opin-
d out Of the ordinary run OF de-
and formed the all-absorbing
/. h court circles for the remainder
day.
4 GROUNDS OF APPEAL.
\ details Of the killing are familiar
III people. so that a repetition OF
tuthis time Is not necessary, The
4 raton charged Majors with the
A Of William Brown and he was
ii guilty al Brigham City in May,
+ o murder IN the first degree.
n hsoWn election he WAS sentenced
n SHOT a motion for a new trial
\ acf and denied This and the
Iusnt % conviction was made the
% 40 appeal. The case was ar
before the supreme court on May
D.
Honey Ricev II. Jones, who APP
4 2 as counsel for Majors, contended
n under the facts, no motive or
had been proved; that the act
committed In the hest Of passion
\ pursued by the officers, and after
bitter bad fred the first shot. that
zine committed did not exceed
daughter jusuhable homicide, or
H murder IN the second degree
DE verdict OF guilty IN the first
vas erroneous and not war
BY the evidence; that the de-
A William Brown was not a resi-
% B0Xelier when the crime vas
'niied and was In the same posi-
private person not authorized
lAe az arrest
BROWN DIED OK DUTY.
supreme court finds from the
n9ny thar on the night previous TO
4ller the defendant, who was
s.ih his brother. Archie Majors,
-lel a felony by gagglng and
4 " Fred Hanson on the outskirts
p4gaam City. The robbery was
lhlcaied 90 the officers OF Weber
A ana Ogden. many Of whom
90 The pursuit OF the bandits
pug holds hat Brown and the Of
WIN him composing Sheriff Cor
posse. even though acting as
" citizens and residents Of
ln'y had a right 20 follow the
pa use sufficient force 70 accom-
heir arrest
mn DEGREE OF CRIME.
'he question OF the degree OF
crime the Supreme court also
.Om me testimony that the de-
I. 20 prevent his arrest, de-
NV Shot and killed Brown.
reads The opinion. even II the
1h not directly traced 10 the
--ll sun the record shows that
lsg'lon with their criminal acts
'"o men Majors and his brother
neie acting In concert 70 rob
.N arrest even TO the killing Of
PRISONS and being associated
"lsleIa,ed together IN their fell
PURPOSES OF robbing and resist
M lhe civil power OF the state.
elus OF lhe deceased by whomso-
!, vas GONE, was the act Of each
H " ine tonspirators, and there
ui,endant Is chargeable there
s,, TUG. w, me or his companion fired
.le "h9 has committed a felony
s'.iei Whom he knows Is IN fresh
" hlm for such felony under
y, stances shown here. he is
" murder IN the first degree"
WAS NoT INJURED.
. y aIso oontended by counsel for
I Az Ha. 'nr fact Of The trial taking
i. ,.sa days after the murder had
|ia ~ +" prejudice his clients car.
sh,.s that public excitmnt had
CO.,. m 'he absence OF q request
n n '''i lanoe the court fails TO see
"" prisoner was injured.
NO LEGAL MERIT.
/, en- asaeayIt Of Verne PhIIllps TO the
'hsd s,, one Of The jurors trying the
n b. w " ,sa.d an unfavorable opln-
argi. y, J. iendant before the latter
! n.y., '.l' PIE court finds has no
snb,a,,,lo t The reason that II was
1n,.r.,.l lh The bin Of exceptions
c5Br, wy ana was never before the
ny, it,laony Of Hansen. 10 the ef-
.,i b., was held up. gagged and
D pfer. NE court holds was per.
y ,e .'se Of Judge Rolapn as a
'flnP N IVY finds 20 have been fair.
1--WE material Issues In the
!. 1''oENcE WAS PROPER.
aims. ones also alleged error In
,srtcp y. 9i We testimony Of sher.
"'o stated that during the