Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-10-23
END OF THE SECOND APPEAL.
,over Court is Affirmed as to Lynch,
But Reversed as to His Confed.
crate, King.
MURDERED COL. GODFREY PR0WSE
Shooting Occurred in the Sheep Ranch
Gambling House Sept II--Story
OF the Crime.

James Lynch, who recently escaped
from the state prison and was recap
TIRED, will have to pay the penalty Of
death for the murder OF Colonel God
frey Prowse in the sheep Ranch club
IN This city on Sept If, 1900, but his
alleged confederate in the crime Rob-
ert L. King, will De granted a new
trial. Such Is the opinion Of the supreme
court handed down this morning in
which the Judgment Of the lower court
Il affirmed as to Lynch but reversed
as to King, with instructions to the
loyer court to carry out the Judgment
As TO the former but grant new trial
to the latter.
THE SECOND APPEAL.
This Is the second appeal Of the case
n the supreme court. On the former
oppeal the Judgment OF the lower court
was affirmed as to both prisoners A
nation for a new trial on the GROUNDS
If newly discovered evidence was then
made IN the lower court, which motion
MAS overruled by Judge Booth who
presided at the trial of defendants.
From that action of the court this ap-
peal was taken
STORY OF THE CRIME,
At about 3 o'clock Of the morning Of
Sent II. 1900 Lynch and two other
men attempted to rob the Sheep Ranch
club aud. IN the attempt, shot and
killed Prowse Lynch was wounded in
he fight and was captured at once, but
Inc other two men made their escape.
The evidence went 20 show that on the
evening Of Sept 10. 1900. a man entered
Second South street store and pur-
chased from William Meyers three
handkerchiefE and a satohel the latter
being wrapped ZIP I'm ordinary wrapping
paper The satchel was found at the
foot of the stairs leading to the gam
bling house aftar the tragedy and later
piece Of wrapping paper
answering the description or that
which was wrapped around the
atchel was found In Kings room IN
a roomng house here, where he was
registered under an assumed name
King wae arrested as being Implicated
IN the crime. II also developed during
the trial that King had purchased
shirt at a store In this city which was
wrapped In paper similar to that III
which Meyers wrapped the satchel.
MESSENGER BOYS TESTIMONY
William Wittenberg, messenger
hoy testified that, on the night OF the
rhine. he saw two men with handker-
chiefs over their faces run down the
elley leading from the club rooms and
enter the back door Of the Casino sa-
loon, He said that one OF the men
pulled the handkerchief off Of his face
az he passed but that the man whom
he afterwards identified ne King kept
The handkerchief on his face while
passing. Wittenberg said that he ran
around and entered the front Of the
saloon and saw the two men there with
several others In his affidavit In sup
port of the motion for a new trial, Wit
ienburp states that at the time he tes-
titled that King was one of the men
who ran by him on the night Of the
crime he felt an uncertainty In his con-
science as TO King being the man, but
mat he had been assured by others
mat King was the man and such In
uufnco as that prompted him to testify
az he dll on the trial Of the case. He
lurthn stated In his affidavit that he
believed that John Strange, whose pie
lure was attached to his affidavit and
VINO is now serving a term In the Colo
lldo penltentiary, was the man who
passed him on that night and entered
,,nne casino saloon, and not Robert l..
King.
MEYERS AFFIDAVIT.
William Meyers, who testified az the
uAI mat King was the man who pur-
snased the satchel and handkerchief
llon MN on the evening of Sept 10.
yea an affidavit in support Of the mo-
uon ior o new trial In which he stated
ueAl' since being shown q picture OF
ouahge, he Is convinced that he
nas mistaken when he identified King
snd mat he believed Strange was the
King ~" e'0'' ""' wv
LYNCH FAVoRS KING.
James Lynch also made an affidavit
Kwihlgh favored King. lie stated that
nuk had nothing TO do with the crime
w A. brt that the taller man who was
M MN strongly resembled King.
r ,uySe anldovlts We're submitted In sup
XXI OF the motion for new trial.
ppnlth motion was overruled by Judge
WHAT OPINION HOLDS.
Ihe opinion Of the supreme court
mhlcn was written by Justice McCarty
psnu 'oncurred In by Cher Justice Bas-
nn ana Justice Bartch, holds that a
wv trial should have been granted
n,us upon the showing made. The
.ou' expresses doubt az to whether or
a55' Ning would ever have been convict
W. without the testimony of MEYERS
guy Nuremberg, as his Identity could
,,,r nave been established. Hence
shye these witnesses have voluntarily
waue aildavit to the effect that they
rnvIe mistaken as to the identity and
XIV me man they saw might possibly
o osng oeen Strange. the oourt'is Of the
sg,,nlon mat Kings guilt IL surrounded
XIV TOO much uncertainty to warrant
NV court In refusing him a new trial.
tuv Judgment Is therefore reversed as
nv Nlng with instructions to grant n
KIN trlal but affirmed as 10 lynch
"Nu INSTRUCTION m proaaoa a., ac,ard