The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-12-20
MUST
PAY PENALTY
P.rdon Board Refuses to Com
mute Death Sentence.
DUKE DENIED HIS LIBERTY
ROY KAIGHN RELEASED PROM
PENITENTIARY ON PAROLE.

L
that he must die on Friday, Jan, s.
I 1904. Harry IT. Dukes petition for
I pardon was denied as was also that OF
7 NJ. L. tRoy) Kaighn. sentenced for five
I years for shooting Willard S. Haynes
/ in the corridor of the KnutsfOrd hotel
/ on Jan. 26 1901
/ In the Kaighn case. however. the
/ board granted the young man a parole
/ on the condition that ne first be as
I sured position by some reputable cit
! lzen. Less than two hours after the
I board adjourned, Colonel ri. n. KaighD
/ served notice on Governor Heber 81.
! Wells that he would give his son a pO-
/ siuon I'm his law office as clerk. Later
/ in the evening the father went out 10
/ the penitentiary, and took his son back
/ home with him.
Lynch was bitterly disappointed
I when Deputy Warden Wright told him
/ that the board had denied him a life
I sentence He had confidently expected
/ a communication Of sentence. The only
/ thing he had to say was.
Il suppose IL is all up now"
In less than an hour after Warden
/ Dow received word that the board had
] refused to commute the sentence o.
l Lynch to life Imprisonment the prisoner
[ was placed in another cell and death
I watch placed over HIM He now OcCu-
pies a cell adjoining the one occupied
/ by MOrIensen after the board refused
to commute his sentence tt is on the
I ground floor of the north tier of cells
{ in the south cell house.
Deputy Warden Wright said last
/ evening that the death watch arranged
! yesterday afternoon was but tempo
/ rary. that a permanent one. Of three
shifts, eight hours for each man. would
be arranged probably today.
Duke Was sorely Disappointed.
Duke was crushed by the announce
ment that the board had refused to
I liberate him. He was so disappointed
that he had little or nothing 90 say
/ when told of the boards action. He
had confidently expected a pardon. ana
was not prepared for the news that his
application had been turned down. I'M
der the rules of the board he cannot
make another application for clemency
fQr six months.
The board disposed Of the other APP
plicatiOns before it in the following
manner:
Thomas Ames. burglary. pardon. de-
MED. James r. Dalton. three years
for assault to commit robbery. Commu-
tatiOn OF sentence, denied. Ed Red
mond. robbery parole, granted. Harry
/ Poole, continued. ID. G.. Carroll. four
years for assault upon his wife. par
dom granted. Jack Wilkinson. forgery.
Joseph Bridge. felony. denied. Henry
Wright. grand larceny and burglary.
parole denied L. j. Napier. obtaining
| money under false pretenses. sentenced
last May for one year. pardOned. Fred
George. murder, out on parole petition
FOR rehearing on application for par
don. denied.
Eaighn Case Came First.
The Kaighn case was presented TO
the board by Attorneys Henderson and
Hoffman. They cited the fact that the
young man was convicted in Septem-
Der. 1902. of voluntary manslaughter
and sentenced 90 five years in the pen
itentiary by Judge Charles w Morse,
who tried the case. Attorney Hoffman
+ read a number of letters from prOml-
nent citizens. asking the board to eN-
tend clemency- Judge Morse recon-
mended a parole. District Attorney
Dennis C.. Eichnor opposed pardon,
but favored parole. Farley p. Chris
rCusen, who was county attorney at the
time of Kaighn's crime asked for a
pardon. as did also Judge William O.
Hall of the probate division Of the dis
trict court
The attorney then called the board
attention 10 the anJe-mOrtem state
ment of Haynes that he had gotten
what he deserved. Kaighn's mental
I condition at the time of the shooting
was mentioned Attorney HOffman say
ing ne did not think the Young man
/ / was Sin mis- right mind. owing TO the
excessive use Of cigarettes and drugs
. ! He said Kaighn had now fully recOv-
cred, and is a first-class prisoner
Judge Henderson produced for The
edifcatiOn of the board letters from
: eleven of the jurors, recommending q
pardon. The twelfth. Edward KOrup-
kat who is out OF the state. could not
tad a a
judge produced a petition from fifty
! women, asking for Kaighn's release
p + Letters were also placed In evidences
. from the mother and sister of Haynes
+ asking for clemency. Then came
{ number Of letters from prominent citi-
zens and a petition signed by every
peace officer Of the city and county
4 from Sheriff c. Frank Emery and Cap
tain of Police Burbidge down 20 the
deputy sheriff5 and patrOlmen.
The ease Of Thomas Ames came next
He was given three years for burglary
r0bbing Browning Bros. store al Dg
J. den. He was sentenced Feb. H. -suL
5. As no one appeared I'm his behaf ht
e case was passed. to be considered 10
. executive session.
j. Lynch's Petition Well Presented.
n Attorney H c. Edwards ther pre-
. scented the petition Of James Lynch
e who was followed by Attorney VIII f
% WanIess. The latter stated that tn
e prisoner left home in the east when h
\ was II years of age. that he served 81
q years in the Idaho penitenuary 10
robbing store In small town, D
/ company with several other men, OF
small quantity Of tobacco.
Letters from Trial Judge II. p. Boot
- and District Attorney Eichnor Wer
y I read by Attorney Edwards. who after
- / wards gave a short description of IN
e crime. He produced number of let
T. tiers and petitions asking for commu
tatiou Of sentence They included on
. from ten jurors, two not being in IN
/ city: a number of cOuncilmen. Mayo
( / Ezra Thompson. Sherlm G.. Frank I'm
5 cry and a number of his deputies
: There was no one present 70 plea
s the cause Of James Edward Dalton
{ who asked for a communication Of sen
Z tence. He was given three years TO
5 assault 10 commit robbery on Dec y
: 1902 Trial judge Jacob Johnson an
: District Attorney Eichnor refused
3 sign a petition in his behalf.
: Attorney Irvine pleaded for I'd Red
s mond. who wants a parole He wa
J given four years by Judge Johnso
s on Dec is. 1902. for robbery. The lude
( recommended q parole because Red
5 mond's wife has given birth 90 a chi.
& since her husbands incarceratio|
: District Attorney EichuOr opposed
pardon. but favored a parole.
Harry. POole's case came next haNln
: been continued from last meeting. p
< Z attorney said the man was not reaQ