Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-09-29

DiTION.
------.--- = , -. - ..,- ,--
young ana famcr or more Impartial
trial | have never seen IN this state.
Tho charge of the court was so fair
that the district attorney did not even
take one exception to H. People on the
outside 10 not know the details OF the
case ana have no right to Judge and
say what should no done I'm this case.
They are not fair Judges and have no
right 10 express an opinion
"rhis jury has passed upon the case
fairly and public opinion ought to be-
satisfied with the proIcTbcd forms Of
the law as All connected with this
case have been This defendant
did not have two fair
trials as stated by the district attorney
AS he supreme court said that the first
trial was not fair and hence granted
defendant a second one. | can't protest
too strongly against this idea Of invad-
Ing the province Of tho Jury ! desire
to protest against the verdict In this
case being modified in any form, and
ask the court to follow the prescribed
forms Of law and sentence the defend
ant 10 life Imprisonment as recon-
''''''N'' -. it'' JHl N'
PLEA FOR PRISONER
Judge j. y. Frlck, who was entered
as counsel in the case this morning up
on reques Of Attorney smith. then
made the final plea for the defendant
He said en- part THE statutes Of this
state impose a mere discretion upon the
court In regard to recognizing or ignor-
ing the recommendation OF the jury
and J believe that the intention Of the
legislature was to allow the court such
discretion only In extreme cases when
lt was apparent that the jury was
swayed by prejudice or bias.
FIRST TRIAL NOT FAIR.
THE supreme court Of this state has
said that The first trial Of this court
was not a fair one, and the defendant
stands before you now as
though he had never before been
tried The court has completely
wiped out that first trial II this court
goes out through the country for an
expression Of sentiment then he for
gets that oath Of Office which he took
ana which ] know full we'll he has the
courage 10 carry out
GODS PUNISHMENT.
After thorough elaboration the jury
I'm this case came in here and made
recommendation 10 this court ! should
regret TO see the day when a judge
NVuulu ulSresalI RECOMMENDATION so
miCIlOfldtelS ana CONSIDERABLY given
ne very HrSt aealh sentence ever I'M
pCseu upon nlIh was Golnfnuled 10
nv az HdIu !aup, ny Goa hllnstH When
~ sa,p tha' NhosoeNer ate the Iruit
Snuu'u ule ana theh When me iiult
H"s CdtSn Dy AI'Hn' Hod IN us JUS
.IoS conn uted lhe sentence OF dea'h
" me at nara iaooT
WOULD RE REVENGE
Co.,,
sentence OF uedth ln TINS case
W0ulu De hothlhg less man revenge
Nrcu we reach lHe llnle "hell we lot
be' our revenge we VIII say mat the
July was IlEh' IN recommending Hle
ll'l !9V'lllci'' lhe 'uuII mas Te'eNeu
pe'l'loh -r,,,,,.,,, ran,
DlDN GEL IT,
THE court has received no petition"
immediately corrected Judge Arm.
strong.
oorAn oE ruATo
nt mn, loa -, .a,. r,,,,o1 ,,. a.
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h. hes n,,t Hea,, ,,,ocs ~ nart ~ 80.
o,5s ~ tbis rn,,rt pcitioon a. ,(,,
rieht "a intsrforn d,,ontl,, ar indireotE,
In ~ case So iang as II is onen and sen.
tence has not been passed, The matter
The nUblic ofliciols and they sbo,,ld nor
he iptnrfered vim I'm the nerforinance
nf thrir d,,ties
* g,h, ana innartial tudgr,ent has
$3.50 , .'i 800 go 49,
tbot Won viii carry ont that INDIGNANT
I hon so,iot,, NH 0nd a ,,,sy 10 oro,
too, itsoif a. hun,onc vav ,yitbort
Go,.r,o, ~ hii,ieoiS mo-, "a 800
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H., W. daS,, or ,,.itha,,t gtran,Iin,, bI,e
Win a zone MN dfod "'''
10 tn,t 49,, tho yor1tot r,,o o.
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'"'''N ou ......... ..- 800,
LOOf bpuRON NLO0ES'
In closing pistr,ct Attorney Loot
hourov said thai the ncnaItv for
murder, An tho first degree is dentb and
tbat unless Tine court couid SOC son,e
GOOD reason WIN, tbat ncnaItv should
not no carved On, no insisted that IL
vac Tho am. of tbo ,o,,r, 10 go ,,,o
death nenaIty WV
JUDGE ARMSTRONGS REMARKS,
t,aro Ar,,,s,r,,,o. ,t,,,, .o.,,..,.,
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tbo, ,,,sso5 ,"9t',,,, 80, w. ~ a' ,i nc
~ ,,,t',, ~ saii.,,i,, wv. ~ ''0''-
',,rho 1917 t, i"', ,oi ,, ,ars u I't a., $50,
,,s,,' or'to t,.I rht.h 49,
ielU,t az '"c L N.Y. 'l9e uee'
@ ~ ~ uu,,, Wv u''I, wv 49,
o,; 90" w ,,,o,. 80 ~, ia w r,
".,si., Nl ns ill.,, ill., s,a,,t, this ,S ~
s'S,o' VI va S,"'0,r 1.i' .ou,t NJ
80 we" W, ,,,,t,,' ~ va, ,1m -.
nc ouu'o, w ic"ul'S to' u'I Hi