The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-11-20


throughout the trial, the long argu-
mentS where he was painted as a des-
perado of the blacklist type, and while
he was being ordered to the gallows. he
ever remained the coolest man on the
scene.
BY request of Judge Stockslager the
death warrant was drawn by. Judge
Powers and signed by Judge Stock
Slayer.
The trial took place during the April
term of the lower court A motion for
a new trial was denied and an ap-
peal was taken, to the supreme court
of Idaho. By unanimous decision of
the supreme court the appeal was dis
missed in an exhaustive opinion handed
down in June. 1888. A petition for re-
hearing was denied the following
month.
The case was next taken to the
United States court of appeals at San
Francisco, where a writ OF habeas cor
pus was asked for and denied. II was
carried from there to the United States
supreme court, where il was dismissed.
Guilty Man Confesses.
The last effort to save Davis by
means of court procedure had then
failed and the state board of pardons
was appealed to. Gleason had been
NiAEh SOttA dlNtI AHNlS GODNlEAlQll Il
Albion. Gleason denied all knowledge
Of the killing and. being able to plead
good reputation, he was acquitted.
Now that the execution of Davis ap-
peared certain, the man. who had pre-
viously confessed the killing to Gov
ernOr Sparks, came forward to make
a public confession. This mans name
was Bower. He was superintendent
of the Sparks Herold Cattle company
and was a leading witness at the trial
of Davis. He was a man of the high
est standing wherever he was known.
He had all along believed Davis would
be saved and had kept his story of
the killing secret from all but him
self, Governor Sparks and d few 9TH
ers. The secret was guarded well.
Governor Sparks had often urged Bow
er to make public his story, but Bow
er refused. and the governor felt in
honor bound to not reveal it.
Bowers story was that he and a
man named Gray. one of the cowboys,
had visited the camp Of the sheep
herders on the day of the killing. Hard
words naturally followed the meeting
of sheepmen and cattlemen The quar-
rel reached a stage where one OF the
dead boys began to fire at Bower and
Gray, whereupon Bower opened FIRE
and killed both.
Davis Sentence COMMITTED.
AS the case then stood. Davis was
awaiting execution for a killing to
which another had confessed, after
the man who was supposed to be Da-
Wis accomplice i'm the killing had been
found not guilty. On this showing a
Communication of sentence to life i'm
prisonment was asked for. Judge Pow
ers had been impressed by the peculiar
demeanor of Bower during the trial
of Davis. Several other points in con-
nection with the case, upon long con-
sideration, had awakened a slight
doubt Of the guilt of Davis in the
mind of the judge, although the cir
cumstantial evidence had appeared
conclusive. Following the confession
of Bower, therefore, it needed not the
request Of Governor Sparks to per-
suade Judge Powers 10 appear before
the Idaho board of pardons to urge
that the communication be granted. AT
his own expense Judge Powers went
TO Boise to argue for the life of the
man he had helped to convict.
The Communication of sentence was
granted. Davis remained in the pen
itentiary. He was a model pris-
Oner. The years of confinement had
tanned his wild spirit so much that
while large portion of the people Of
Idaho clamored for his life, those who
came in contact with him at the pris-
on were his friends.
Governor Sparks was not satisfied
with the communication of sentence. HE
had nothing to do with the killing, 3"
the governor argued. and he is en-
titled to his freedom" Bower and Gray
were placed on trial, pleaded seIf-de-
Tense, and We're acquitted.
At once negotiations for full par
don for Davis were begun, and were
successful.
Davis Changes Habits.
Davis, a free man and a better cit
izen than at any previous time in his
tempestuous life,i came 10 Salt Lake.
Davis. you want to quit this hard
life OF yours" Judge Powers told him
at parting. 1t doesn't pay. Find some
work as soon as you can. and live a
quiet, decent life. II is the best way
TO live. You have been close to death.
and it should have taught you a les
son. n you ever get in any kind Of
trouble again II will go hard with you
because Of the record you have. [
want you TO promise to obey the law
hereafter" $50
Davis promised. and the world has
been using him well ever since. That
his heart is filled with gratitude for
one who helped him when he was
down is shown by his gift to Judge
Powers.
L have never heard Of Jack, direct
ly, since he left Salt Lake" said Judge
Powers, but from various sources /
learned he was doing well and that
he had often been called upon by the
officers to assist in preserving order,
xtrvf .o -.
nation. 1 never dreamed he was plan
ming anything like this for me-
This is a case of bread upon the
waters judge" said the friend 10
whom the judge was talking
NO" replied the judge. with a gem
tie smile. You know this reached me
the day after election. / prefer to