The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-02-09
DAY MUST DIE
FOR HIS CRIME
Slayer of Horace H. VOSS Con-
viCted of Murder in First
Degree.
NEGR0'S NERVE UNSHAKEN
DEATH SENTENCE WILL BE I'M
POSED THURSDAY. ;
NEGRO'S NERVE UNSHAKEN

A. r.. Day must die for the murder Of
Horace II. NOSs. A life for life was tho
penalty contained in the verdict of tho
jury which last night found Day guilty Of
murder i'm the first degree.
The verdict was returned last night at
$50 O'Clock, after the jury had deliber-
ated four hours over the case. Day was
unmoVed as he heard the verdict and
returned at once 10 the county Jail TO his
cell, with but a single comment on the
result OF the trial. A deputy, hoping ~
cheer him. said:
Dav."
well, so did /" responded the prisoner.
nut II doesn't matter much.
At 4:45 the twelve men entrusted with
the fate of the black man who slew his
/ brother negro. filed solemnly from the
/ court room. Realizing the responsibility
that rested with them they proceeded
with care in their delibera tons and care
/ fully weighed each bit OF evidence for
and against the defendant
! Shortly after s o'clock they told the
/ baihff that they were ready 10 report
Judge Armstrong was i'm his chambers
awaiting the verdict Day was brought
/ from the county Jail by Deputy Sheriffs
I White. Steele and Sharpe and took his
seat quietly behind his attorney, Walter
w. Little.
Jurors File In.
! At S:45 Judge Armstrong assembled the
bench and the court baiiiff raped for
I order. Negroes interested in the OUT
/ come and the small knot OF court attaches
were on The qui vive OF expectancy and
SO still that YOU could hear a pin drop
/ As soon the clerk the stenographer
/ ana the judge were in their places the
| jury was notified that the court awaited
\ its arrival
! At $50 the twelve jurors came from
! their room and took their places in the
/ jury box. The spectators scanned eagerly
/ the faces Of the jurors in an attempt TO
read the colored mans fate Day himself.
! however, evidenced no interest i'm the pro-
/ ceedings and did not even glance at the
jury as he sal mouonless in his chair.
Foreman W. B. Armstrong passed the
! folded verdict to Judge Armstrong. who
/ glanced at 1t and then handed il 10 the
clerk. He stood up and read:
! we, the jury empaneled in the above
case. find the defendant guilty of the
crime Of murder in the first degree. as
charged in the Indictment"
As the fateful words were being read
every eye was on Day. but he never
flinched, and to all outward appearances
was the most Indifferent man i'm tho
court room The words which pronounced
ms doom might have been applied to
total stranger for all the concern ne
showed.
Judge Armstrong turned to the jury ana
thanking them for their attendance in the
case. dismissed them from further service.
He then fixed the time for sentencing Dav
for next Thursday at 10 o'clock Under
the laws OF Utah the penalty for murder
IN the first degree is always execution.
hanged or shot TO death
J Attorney Walter w. Little for the de-
Tense said last night he had not decided
just what would be the next move on
the part of the defense. Ii is probable an
appeal will be taken from the decision OF
the jury and If the district court is ar
firmed the pardon board will probably so
appealed to for q communication of sen
tence, and it viii not be until after every
legal means is exhausted that Day will
be permitted to sacrifice his life for his
crime.
Immediately after the verdrict was read
Day vas taken back TO the county iail
and placed in his cell in the rotary ON
the way back TO the jail he exhibited no
signs of emotion Within ten minutes att
er he was placed I'm his cell he was in
his bunk sound asleep.
Final Witnesses Heard.
The proceedings yesterday opened with
the taking Of testimony until l:30 o'clock
when recess was taken until 1870 Two
witnesses were placed on the stand by
the defense. by whom it was attempted
TO show that NOss did not bear a good
reputation among the colOred people.
Charles McSwine, formerly county license
collector, was one Of these, and his tes-
timOny was 20 the effect that Voss was
quarrelsome and had at one time threat
ened to stab the witness. His evidence
however. was so disconnected that il was
ruled out of court George NJ Clutch,
stenographer in the criminal division of
the city court, was then called and bN-
means OF the record showed that NOSS
had been arrested some years ago and
fined so on charge Of assault The
defense then rested its case.
The state then called a number OF wit
nesses whose testimony went TO show
that Noss was man Of exemplary hab-
it's and good reputation. Attorney W r.
Hutchinson stated that NOss had done
janitor work for him for eleven years
with good satisfaction. and President A
J. Davis of the city council testified that
Noss was a man of good character. Will
lard Done testified that he had looked up
VOsS among the COlOred population at the
time his name was mentioned for door
keeper of the last legislature. and had
found that his standing was high. Sher-
iff Emery. Willard Hanson. county at
tOrney: County Clerk Eidredge. State
Statistician Fred w. Price. o. X Lewis.
manager Of the S. s. Walker estate. and
Warren Foster all testified to the good
reputation Of the dead man.
Sticks to His Story.
The defendant was put under a severe
I crOSS-eXaminatiOn by District Attorney
Loofbourow but stuck 10 his story 90
self-defense. Several witnesses were
called who gave testimony TO the previ-
Gus good character OF Day One OF these.
Rev. l. A. Jones. said that Noss did not
Continued on Page 8.