Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-11-30
DAYS ATTORNEYS
PLEAD FOR MERCY
Negro Murderer Represented by
Counsel and SympathizerS
Asking ClemenCy.
THE DECISION is DEFERRED.
After Hearing Arguments. Board ~
pnrlons Adiourus tO Conclude
dssucs of Petition.

Albert r. Day by Dis attorneys
pleaded this morning for clemency be-
fore the board of pardons urging that
his sentence tp be- shot on FridnN The
18Th day OF December bc commuted
10 ufo imprisonment After considering
the matter for half hour the board
adjourned unun O'Clock to render It's
decision.
AFRICAN PREACHER SPEAKS
W. W. Little ana william Dunn ap-
poared before the board Iu behalf ot
their client who was convicted ~ the
murder Of Horace n. N0as about one
year ago. Dist Atty. Fred g.. Looi-
h0ur0w argued for the inniction OF me
penalty as did also The Hcv. j. O.. bell
OF tho African church in this city. j
w Houston, In whose employ Day had
formerly been. appeared 20 argue the
ease from the standpoint OF an humani-
tartan.
ATTACKS TESTIMONY.
Mr. Little read from the evidence
nnd sought 90 show that much OF the
testimony OF the states witnesses was
evidently untrue. He discredited the
testimony OF Joe ware. Jr.. by reading
from the transcript his testimony Co
the effect that while he was standing
40 Third South and Main streets hc saw
Day crossing the strect from the Knuts-
ford hotel toward drug store diagon-
ally opposite, and that at that time
Day held a revolver IN his hand. That
the distance was more than n block.
Mr. Little commended indicated the
value OF the other points OF his testi-
monv To discrodt the testimony OF
Lizzie Noss. he vs. idnv OF the murder
a DO NrafH H.a.f
OF perdons the files in an old case OF
Nosg against Noss wherein NOss swore
that Mrs Noss had admitted 10 him
that shc had killed two mou and that
she had served term in the Kansas
penitentary. Hc contonded as set
forth In the attorneys letter 80 the
hoard that Day had not been properly
defended by attorneys during his trial.
STATE OFFERS REBUTTAL.
MT Loofbourow stated 20 the boarI
that II he had not been a public o.
ficer ne would not have appeared before
the board, but that not To have done SO
ne would have considered himself re-
miss I'm his duties. Mr. Loofbourow
argued to the court that Day had been
ably represented before the jury which
tried the case and convicted DAY %
murder Ina the first degree. Tie explain
"a to the board the details Of the trag-
edy He related that the night before
the tragedy which occurred on sum
day, Day had tried Co borrow revolver
from "a negro barber but that he had
been denied the use of the weapon,
that he then went 10 "a pavnbroktr
and rented q revolver with the uudcr-
standing that 10 was to De returned the
next day az noon. lt was with this
revolver that VOss was shot ana NOs-
was armed with no weapons with
which TO defend himself when be- was
shot as he sat on a trunk tallSinet0
a yonug colored woman.
Mr. LoofbOurow read from Law
Notes the comment Of an English |
authority ON the growth Of crime I'm the |
United states He offered this m- /
formation 10 the board Ia urging that /
10 was the duty of the officers OF The /
state 10 punish crime 10 prevent IT'S /
spread BY the statistics contained IN /
the extract, Mr. Loofbourow showed 4
that the percentage of criminals 60 the |
million OF inhabitants Sas greater Ia
the United States than la any other
nation with the exception OF Mexico
and the relative number OF executions
fewer than in the majority of nations
He urged the board 10 deny rye petition
for clemeucy.
HOUSTON HUMANITARIAN.
w Houston next addressed the
hoard. saying that no. came before 70 /
rut to argue amy bgal uhascse OF tho
question but merely as a humane ac-
flnu nu DTS own plrt and voluntarily /
ie pleaded thp lax ~ opportunity ~
Boz negro to acquHint himself with /
iH' accepted Views OF civilization. urged /
irar DaF did mon know right from
fpue and cuutraslrI the mans danger /
ontty with that of Abe Majors. Who /
secured the cIomency of the board
REV. BELLS ARGUMENT.
Tho Rev. j O. Ben appeared befoNe
ils board to oppose tho communication
o' Days Eentcnce lie urged before
ODD. board that his race was NOT so
much I'M the darkness ae Mr.. Houston
would have thc board believe. Through
ihc grace of the white. man m sattiDr
ihr negro free aud providing him with /
opportunities to iearn OBJ tha rIrhr and |
wrong paths he declared chat hts peonI. /
were learning aud that they ala rot |
want their race tu boz judged hy ~ bad /
p'"pi. found within &c. he declared /
mar the negroes of thls city We're anx- /
l'uf Co have the mrU h.rs Uf fh.ir /
ace who are black no rasrt taken frou, /
ihc race hy the operation Of Ono I4v. /