The Birmingham age-herald., 1903-10-10
CONVICTS MAKE A
 DASH FOR LIBERTY
One of Them is Killed While
 Guard is Wounded
CONDEMNED MEN ESCAPE
As Prisoners Sealed the Wall and Dropped on the Outside They Were Fired on and Three
 of Them Are Shot.

Salt Lake, Utah, October 9.-AS result of a well organized and partly successful attempt at a wholesale delivery of prison- CTS at the Utah state penitentiary tonight, I one prisoner was killed, one guard was 1 shot and wounded and another man was l beaten almost into insensibihty, ana three l prisoners were wounded and two others, under death sentences, escaped.
 The dead:
 Frank Dayton, serving a 12 year term for attempted highway robbery. 1 The wounded:
 Guard Wilkins, shot in leg; Guard Ja- cobs badly beaten by conyicts Convict Ed Mulin serving year term for bur glary, shot Tn leg; Convict Abe Majors, serving life term for murder of Captain Brown of the ogden police, shot in arm; Harry Waddell, serving seven year term for burglary
 The escaped: Nick Haworth, sentenced to death for the murder of Night Watch man Kendall. in Layton, Utah; James Lynch, sentenced to death for murder Of Colonel Prowz, in a gambling house in this city three years ago.
 None of the wounded, 1t is said, are seriously hurt.
 A posse of prison guards with several bloodhounds was promptly started on the trail of the two escaped convicts, but owing to the darkness and the wild nature of the country in the immediate vicinity of the prison no results are looked for tonight.
 The outbreak occurred as the prisoners were being placed in their cells for the night by Guards Wilkins and Jacobs. Two of the prisoners overpowered Wilkins and Jacobs, the former being shot and slight ly wounded, and the latter frightfully beaten.
 The convlcts took the prison keys from the guards and released five other pris- oners who had already been locked up. The seven prisoners then compelled Guard Wilkins, notwithstanding his injuries to march at their head and with the assist ance of ladder found near the work shop, they proceeded to scale the walls.
 Wilkins was made to ascend the ladder first. As the first convict reached the top Guard Naylor who was on the south wall, opened fire This was the signal for a general alarm and several guards who were in the office quickly seized their guns and hastened to the scene. Guard Driggs reached the wall just as Dalton and Mullin were descending on the out side. He ordered them to halt, but as they paid no attention to the command he fired, killing Dayton. A second shot struck Mullin in the leg as he was com- Ing down the ladder and he dropped to the ground, his body falling over the corpse of Dayton.
 The other five had succeeded in reaching the ground outside the wall when they were fired upon by other guards. Abe Majors was shot in the arm and fell to the ground crying with pain. Haworth was also shot and fell, but quickly arose and continued his flight. Waddell was shot in the leg. Lynch escaped uninjured 1t is believed. After running about one hum dred yards from the wall Haworth dropped a rope made from blankets, which was found stained with blood. At the foot of the wall were found several cartridges which the convicts dropped as they came over.
 Two of the prisoners were armed with revolvers. Where they secured the weapons Is not known.
 ~0~-~.~1~0~S~~-~-~~~~-~ l Is or will be absent from said court or l account of Illness or for any other cause l will be absent or unable to attend or hold said court, and that said inability or ab- | sence will continue for more than one day, the said judges may thereupon forth. with appoint a practicing attorney learned In the law, resident of Jefferson county, as a judge pro tempore to act il and preside in said court as judge with al the power and rights of judges of said court to try and hear causes and render judgments therein. and such appointment and authority shall expire and cease wher the regular judge shall return and resume his duties as judge of said court,''
 Section S3 which is the last section oi the act, provides that 1t shall be lawful l for the jurors summoned In said court to serve as jurors in said court for not ex- | ceeding three times in any one year."