Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-05-02
SHOCKLEY To Be
SHOT ON JUNE "a
That is the Sentence Pronounced
BY Judge Morse This
Afternoon,
MOTION FOR NEW TRIAL DENIED
Court Concludes That Notorious Muir
derer Must Pay the Penalty of
His Shocking Crime.

At the conclusion Of the arguments
this afternoon Judge Morse overrued
the motion for a new trial and shockley
was then sentenced to be shot to death
at the state prison on Friday, June a.
between the hours of 10 and ?.
when asked If he had any cause to
show why sentence should not be
passed upon him, shockley said: Your
honor, have no cause to show except
| am prompted to say and do say now
that the facts as stated by me on the
witness stand were the truth, as God is
my witness, and the ran whom | am
charged with killing was killed by an
accidental shot"
Judge Morse then asked the prisoner
which mode Of death he preferred and
the reply was, Il think | prefer to be
shot" Sentence OF death was then
passed upon him as stated above.
His attorneys will at once take steps
10 appeal the case 10 the supreme court.
The hearing of arguments Oh the mo-
ton for a new trial IN the case OF the
state of Utah VS. James Nj. Shockley'
convicted of murder in the first degree
for the killing of Amasa l., Gleason on
the night of Jan, 6, was commenced be
fore Judge Morse I'm the criminal d.
vision of the district court this morning
and viii be concluded at this AFTER
Moons session. quite large crowd
OF spectators was present in court
| when the arguments were commenced,
nf Fp1rI nulV few
| curious girls and number of men were
| left.
Shockley was brought into court by
| Deputy Sheriffs Cowan and Smith and
| occupied a seat between his attorneys,
| Wilson q Smith. Mr. Wilson did not
| remain in the courtroom very long,
| but left the matter In charge or Mr..
| Smith. who made the arguments in be-
| half of the motion. Dist, Atty. Benner
X. Smith was present in behalf of the
| state.
The attorney for defendant based his
argument upon the alleged errors OF
| the court in compelling Shockley to an
| swer questions put by the district at
| torney upon cross-eXamination over the
| objections Of the defense and also upon
| the errors Of the court in refusing to
| give the jury certain instructions asked
| by the defense. The question of i'm
| proper cross-eXamination was argued
| in full by the attorney for defendant
this morning and the question OF the
error in the instructions of the court
| will be argued this afternoon.
Mr.. Smith contended that the court
| erred In compelling defendant to an
| swer questions on Cross-eXamination In
| regard to his desertion from the army
and also other questions concerning
| crimes which were in no way connect
| ed with the offense for which the de-
| PENDANT was on trial. Such questions,
| he said, were highly improper and
| should not have gone TO the jury and
the court should not have compelled
defendant to rely upon his statutory
right to refuse to answer questions
which tended to incriminate him. Mr..
Smith read from large number Of au-
thorlties 10 support his contention.
1t is evident that the defense will
make no argument in regard to new ev-
idence or the alleged misconduct of the
| jury, both OF which points are raised In
the motion for new trial. The argu-
ments will be concluded this afternoon
after which Judge Morse Will probably
| pass sentence upon Shockley.