The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-08-14
MAJORS WILL NOT DIE
ON FRIDAY OF THIS WEEK
Justice Miner Of Supreme Court Grants Condemned
Murderer New Lease of Life.
Action That Operates as Stay Of Execution Till the Court
Again Reviews Case.

Abe Majors was given new lease of
life yesterday afternoon. He will not
be required to suffer death next Friday
at the hands of the sovereignty of the
state for the murder of Police Captain
Brown of Ogden His earthly existence
has been prolonged for a few weeks
possibly a few months, and il NAV be
that the question of whether his Dun-
ishment shall be death or a milder men
nance will be determined favorabIy to
him.
As last resort for the condemned
young man, stay of execution was
granted 70 him late yesterday after
noon by Justice Miner of the supreme
court pending a second review of the
record OF the trial and conviction. The
appeal VIII be on the question of
whether the condemned felon was Civ
en- Ialr trial in view of the affidavits
made that two of the Jurors who
found him guilty had expressed preiu-
dice against him.
The appeal Will be heard by the SUI
preme court soon after the opening of
It's fall term on Oct. g. Whether the
court of review will reaffirm the judg-
ment of the lower court or grant a.
new trial remains to be seen, but in
the meantime the beardless youth will
be permitted to breathe the breath of
life.
Prisoner Expected Reprieve.
When Majors was apprised by War
den Dow that a stay of execution had
been granted he expressed his pleasure
The prisoner did not enthuse much over
the good news. He declared that he
had been expecting just such tidings
&c hl1f L
considerable hope of a reDrieve coming
to him at the eleventh hour. there is no
denying that he felt very much re-
1eved to know that he would not be
executed at the end of four more set
tings of the sun.
So Abe Majors will be permitted to
eat ravenOusly, sleep soundIy, write
letters, read Christian Science Htera-
ture and continue preserving a sunny
disposition and hopeful air before his
mother and his few friends till the law
IN its majesty declares once more what
his fate shall be.
Appeal Perfected Yesterday.
1t created no surprise yesterday
when the noon registered mail brought
from Brigham City to Clerk Palmer OF
the supreme court a bulky document
PurP0rting TO be the bill of exceptions.
duly certified to and which Judge Hart
had allowed for the appeal in the Ma
JOrs case. No petition for a certificate
of probable cause for hearing the case
again on appeal was received with the
bill of exceptions for fling but it was
expected to come before the dav had
drawn to a close. The issuing of such
certificate would operate as a stay Of
the execution very important con-
Sideration to the convict al this late
day
Judge Miner the only member Of the
supreme court now in the state and
the sole judicial officer who could act
in the premises. had intended to take
his vacation trip on an afternoon train
but knowing the full import of the sit
uati0n and defendants last resort
rights, he waited patiently in his cham
berS for a summons he felt would soon
be made upon him. Later in the af-
ternOon the call came and Thomas
Fitch, attorney for the condemned
murderer. presented the judge his eli
ent'S petition for a certificate of prob
able cause for appeal.
Stay of Execution Granted.
For nearly an hour Attorney General
Bishop, representing the state. and
Attorney Fitch held a conference with
Justice Miner in his chambers. and at
its conclusion an order was issued and
filed with the clerk, granting the petit
ton. The order made by Justice Miner
reads as follows:
Upon reading and filing the petition
of the defendant by his attorney.
Thomas Fitch. wherein he prays that
a certificate of probable cause be is
sued in the above entitled case:
And it further appearing that the
appeal in the above entitled cause
from the order of the district court of
the First judicial district Of the state
of Utah, county of Box Elder. made
Aug. Z, 1860. refusing a new trial in