Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-11-18
KING CASE WAS DISMISSED.
uoon Motion Of District Attorney
Eichnor Following Opinion of
Supreme Court.
WILL APPLY TO PARDON BOARD
Attorney for Condemned Man Pro-
poses to Seek to Have Sentence Com
muted to Life Imprisonment

For the third time since his convlc-
ton on Nov. 8, 1900 James Lynch was
today sentenced to be executed for
tho murder of Col. Gogfrey Prowse' IN
the sheen Ranch gambling house, IN
nm attempt to rob the inmates OF mat
mace ON the night of Sept. IL, 1900.
The date for his execution was liked
nv Judge Booth today, in the criminal
division of the district court for FRI
day. Jan. s. 1904. between the hours
Of 10 a. m, and p. M
KING CASE DISMISSED
Immediately after the case against
Lynch was disposed of the case as
against Robert l.. King, who was con-
victed Of the crime with Lynch ana
who has twice been sentenced to death
for the crime. was dismissed by the
court upon motion of Dist. Atty. Eich-
nor and an order was issued for his
discharge from the state prison where
he has heen confined for over three
years.
LYNCH WAS cool"
Lynch was brought to the city and
County building by Acting Warden
Wright and Guard Hilton shortly be-
fore 10 o'clock and was taken TO Sheriff
Emery's Office where he, remained un-
I'll lOii5 when he was taken into the
courtroom He appeared to be fully
recovered from the injury received In
his recent escape from the prison and
the effects OF the hardships he en-
dured while attempting to elude the
officers, He appeared cool and In
different and chatted with the guards
and smoked a cigarette while waiting
90 be taken to the courtroom. He was
securely handcuffed when taken into
The room but the irons were taken from
him before court opened.
WANTED PoSTpoNEMENT.
When the case was called, District
Attorney Eichnor stated that this Is the
date for passing sentence upon James
Lynch and that the defendant Is pres
ent and he therefore asked that judg-
ney VIII #, Wanless, who defended
Lynch. asked that the time OF passing
sentence be continued for one week.
lie stated that he had matter In con-
nectlon with the case which should be
passed upon before sentence Is pro-
nounced and that IT was not at this
time ready To be made known to the
court or to the public.
Z DESIRED PRIVATE INTERVIEW.
He also moved that he be granted ths
privilege Of private interview with
Lynch in the courtroom out OF the
hearing Of his guards and all other
persons. Judge Booth denied the re-
quest for a continuance and also the
motion for private interview, Mr.
Nanless excepted to the ruling on the
latter motion on the ground that his
client was denied a constitutional right
ELECTED TO BE SHOT.
Lynch was then instructed to stand
up, and was asked by the court II he
had anything to say why Judgment
should not be passed upon him
NO, SIR was the prisoners reply.
Have you stil the same choice In
regard to the manner OF execution as
expressed when sentence was previous
ly passed upon you?" asked the court.
Yes, SIR
He was then sentenced TO be shot
until dead, within the walls OF the state
prison OH Friday. Jan. $, 1904, between
the hours OF 10 o'clock a. m. and 2 p. m.
THE CRIME.
The crime for which Lynch was again
sentenced today was committed on
Sept. II. 1900. The information was filed
against him on Sept 49, 1900, and ver-
diet OF guilty of murder I'm the first de-
gree was rendered on Nov s. 1900
Since that time Lynch's case has been
appealed 10 the supreme court twice
but both were unsuccessful II was
pending the hearing OF the second APP eal
before that court that the prison break
occurred when Lynch and Haworth
succeeded In escaping, only TO be re-
captured In few days.
MAY NOT BE EXECUTED.
During the break Lynch is said TO
have prevented the other prisoners
from killing Guard Jacobs and Il Is be-
lieved that that act may be the means
OF securing q Communication OF his sem
tence TO life imprisonment II Is re-
ported that Atty. Wanless VIII use
every effort to secure communication
OF sentence for his client, and II Is
generally believed that he will meet
with success In that respect.
EICHNoR ON KING CASE.
At the conclusion OF the Lynch case
today Dist. Atty. Eichnor asked that
the case against Robert l.. King, who
was convicted with Lynch, be dis
missed, He stated that the supreme
court, In Its recent opinion reversed
the judgment OF the lower court as to
King and ordered a new trial for him
Inasmuch as the state has no further
evidence against King and the supreme
court considered the evidence INSULT
Client 70 warrant conviction, Mr..
Eichncr therefore asked that the case