The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-08-14

said case, has been perfected and the
papers are now in this court: and there
being a good cause therefor appearing
by the affidavits filed in support of said
motion;
1T is hereby ordered taat the peti-
ton of the defendant for a certificate
of probable cause for appeal be granted
and that said certificate issue, and a
stay of execution in the above case is
ordered until the final hearing and dis
position by the supreme court of the
state of Utah of the appeal Of the de-
PENDANT aforesaid"
Petition For Lease of Life.
The petition for d certificate of prob
able cause of appeal recited that the
defendant, whose true name is Abe
Majors, but who was tried under the
alias of James Morgan. had been sen
fenced to be shot dead within the state
prison walls on Friday, the 18th inst.
and that on Aug. a motion to set
aside the verdict and all proceedings
Hereunder was regularly heard before
Judge Hart Of the trial court. but that
the motion was denied later in the day.
Immediately after which the court ad-
jOurned. Two days later application
was made to the judge for a certificate
of probable cause Of appeal, which was
also denied by the court on the ground
that an appeal had not been taken at
the time the motion for vacating the
verdict was denied.
However. it was alleged in the petit
ton that the court would grant leave
to renew the motion for a certificate of
probable cause when the motion to
grant an appeal should be made.
1t was also shown in the petition
that it was impossible to complete the
nj nd h
settled and filed with the clerk of court
before the 10th inst, but on that day
this was done.
Judge Harris Attitude.
Accompanying the petition was a let
ter from Judge Hart who is now in
Idaho, written from Logan last week
TO J. D. Gail, assoc ated with Attorney
Fitch in promoting Majors interests.
which reads as follows:
Il will remain within easy reach of
you by either wire or letter at the ad-
dress lin Idaho given you; and after
you have filed and served notice of ap-
peal I shall be pleased to come into
my district and to pass upon any ap-
plication on any renewal of applica-
ton you may make for the certificate
You may remember that 1 have
once before IN this case granted -ceTtif-
being filed and served, and that there
was considerable delay in perfectinS
the appeal. While the defendant should
have the right of the supreme court TO
pass upon his motion before he is eX-
ecuted. diligence and good faith should
be exercised in d prompt presentation
of his case to a higher court
Basis of Second Appeal.
I'll, hin - ,,-oc,,,+;<,,.- r,vov, which,
the appeal is based, cites, among other
alleged reversible errors which We're
not fully pleaded at the former hear
ing of the case on appeal before the
supreme court that defendant did not
have a fair trial such as is guaranteed
MIN by the constitution and laws Of the
state. because. as cited by affidavits
from James BOden. Reese Richards,
Elvirez Thompson. John Booth and
other citizens of Brigham City, Jurors
Fosgreen and HeTTin had expressed
prior TO the trial unqualified prejudice
toward the defendant
The bill of exceptions also sets up the
plea that newly discovered evidence
tending to show the prisoners limo
cenee could be presented at a new trial
if one We're granted
Attorney Fiteh's Prediction
Attorney Fitch yesterday afternoon
declared that the sheriff of Box Elder
county, Sheriff Carbon. would not nave
the privilege of shooting Abe Majors
to death in executing the sentence OF
the court. not if ne lived TO be as old
as Methuselah. Sheriff Gardens term
of Office expires two days after the end
of this year. but whether 20 the pres
ent sheriffS successor VIII fall the duty
of executing a sentence similar 10 the
one which came so near to being done
This week. the prisoners attorney die
not specifically hazard a prediction