Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-06-08
THREE YEARS IN
STATE PRISON.
That IS the Sentence Imposed on
Garland for NaOsIaughtet
MOTION FOR A NEW TRIAL.
tits Oyerruled by the Powers
plea for Minimum Penalty
Judge Horse's Reply

Frank Clarence Garland was sum
moned before Judge Morse this morn
ing 10 receive sentence for the crime
OF which he had been convicted, yolun-
tary manslaughter, The sentence was
three years at hard labor.
As Is customary In such cases a mo-
ton for new trial was made. In max
ing the motion Judge Powers reminded
the court that no substantial testimony
had been brought out to show that the
shot which had caused Williams death
In the saloon fight at Bingham last
December had been wilfully fred and
there was stll a question as to whether
or not he had been surrounded by sulll-
cIently great bodily harm to Justify
his shooting wiltully
In reply Prosecutor Eichnor said that
he had little 10 say. The jury had
found verdict for what II believed
to be- the truth in the case, ana he was
willing TO stand by that finding.
In oyeuuling the motion for a new
trial the court simply remarked that
the evidence had been carefully sub
mitted and the law had been fully stat
ed to the Jury Garland was then re-
quested TO stand up for sentence,
Before the court pronounced the SEN
tence, however Judge Powers asked
to be permitted to make few more
remarks with regard 10 the sentence.
lie said
'The law has placed a wide discretion
with the court which must be gradu-
ated as might epear just from the eyi-
dence. The tenn Is from one TO ten
years. II seems TO me, though | may be
biased that II ever there was case
where no more than the min mum pun
lshment should be inflicted his Is one.
He was used to the rough scenes of q
mining camp, yet he had ga ned a
good character from the most reputable
people, lie was only tending bar In the
Bingham saloon when his partner was
occasionally absent In the East lie
had treated the three young rulliIans
gently. but their conduc. had been riot
Gus and they had used such vile Ian
guage 10 Garland about himself and
his mother as would have caused any
iuuH ~ lose NoHllul OF MS LtNlpeIs
Admitting as claimed by the pres
ecution, that Garland fired e kill,
would not every fair-mlnded man say
that he had been driven beyond endur-
ance and that passion caused him 10
act as he did. lie Is not bad man.
and should receive the minimum SEN
tence | will therefore appeal to your
honor In the name Of humanity ANA |
Justice not to make him suffer more |
than the law compes"
The court said that after a fair and |
impartial trial Garland had been found |
guilty Of voluntary manslaughter. lie |
asked Garland II he had anything 70 |
say, and received a negative answer
The court then Sid
would gladly shirk this duty
which is imposed on me. Circum-
stances to some extent mitigate the
crime but there are other circum-
stances which are against a minimum
sentence. The young men we're miners
and were intoxicated when they en-
tered the saloon whore the shooting
happened. Yet the defendant sold them
more lntoxlcants, There was undoubt.
edly Z high pitch Of excitement at the
time but the court does not feel that
under the circumstances the best inter-
,ests OF society would be subserved
by passing q minimum sentence. The
punishment should be such as 10 deter
IRON treating life lightly"