Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-06-11
JUDGE ARMSTRONG
HAS A BUSY DAY
!oe Porter, Second-Degree Bur-
gIar, Gets Two Years in
Penitentiary.
COURT ROOM is CROWDED.
Relatives Thank Judge for His Leni-
cncy In Passing Sentence In De-
cidedly Unsavory Case.

Several cases were passed upon by
Judge Armstrong this morning in ad-
dltion 70 passing sentence upon Sam
uel e. Spencer. Joe Porter. charged
with second degree burglary, who had
entered plea of not guilty on May 81,
changed his plea TO guilty this morn
ing and was sentenced to two years in
the state penitentlary. Porter enter
ed the room of Fred Andrews ut SO
Addison street on April 22. and VIII
spend two years repenting the act.
Frank c. Kelley entered a plea OF
guilty to burglary in the second de-
gree. committed on Feb. 10. 1908, when
he entered the building at 1is west
Second South street. His case came UP
before Judge Armstrong June 4. and he
took until June 6 TO plead. The case
was then continued until June IL, when
Kelley pleaded guilty to the charge and
was sentenced to three years at hard
labor in the state penitentiary
John Ktsoolakis and Matthias Galan-
axis, charged with tampering with
switch on the Oregon Short Line rail-
road, were arraigned and entered pleas
of not guilty. June "a. was set for trial
OF the cases
The case of Thomas Vance, charged
with murder In the first degree. for
killing his wife. Mary Vance. was on
motion of the attorney for the defense.
continued for the term.
Hal Cregler, charged with second
degree burglary, was arraigned and
entered plea of not guilty. His case
was set for trial on June 20.
GETS SIX MONTHS.
Samuel g. Spencer found guilty by
jury of having improper relations with
15-year-old Ivy Wallace. was sentenced
TO serve a term of six months impris-
onment in the state penitentiary for
the offense by Judge Armstrong this
morning When the court convened at
10 O'Clock the room was crowded with
spectators. many of them relatives and
the Immediate family of the convicted
man. anxious to learn the fate Of their
father and relative. After the sentence
was pronounced. several of the MEM
bers of Mr. Spencers family went up
to Judge Armstrong and thanked him
for his leniency, tears streaming from
their eyes as they shook his hand.
Upon the calling of the case, Dist.
Atty. Loofbourow addressed the Judge.
asking that the full term of two and
"a half years, the maximum penalty for
the offense, be imposed. He briefly re-
Viewed the trial AID said in his opinion
the circumstances of the case demand
sd the imposition of the full penalty.
Judge Thurman and Atty. Wedgwood
of the defense argued on the motion
made for an arrest of Judgment. and
also for a new trial. both OF which mo-
lions were overruled by Judge Arm
strong
SPENCER Makes TALK.
When the Judge asked the defendant
If he had anything to say before tudg-
nent was passed upon him, Mr.. Spen-
Ger arose and talked for probably ~
minutes, reviewing the testimony given
by each witness in the case. and point
ing out that which according to his
opinion was false, and that which was
true: he called upon God, and angels
to witness that he was innocent OF the
crime charged against him. and said he
had never taken undue liberties with
the Wallace girl nor with his own chill
dren. Mr.. Spencer thanked the judge
for his impartiality displayed through
out the trial; thanked the newspaper
reporters for goVing the case far
representation in the public press, and
concluded with repeated declaration
of his innocence.
SENTENCE PASSED.
Judge Armstrong then said that the
maximum sentence provided Dy the
statute for offenses like the one before
the court, two and half years, was too
light 10 punish the crime; and in view
of the fact that the prisoner at bar
had been before the courts several
times on the charge. that his property
resources had been Slapped in defending
the action that he had large family
depending upon him for support and
the INSURGENCY of the penalty provided
by law In any event, he thought the
ends of justice would be subserved by
the infection OF a lighter sentence. and
thereupon sentenced Spencer to a term
OF six months In the penitentIary
After q consultation 1t was decided
by the defense that no appeal should
be taken. Deputy Sheriff Joseph Sharp
was present to take the prisoner out
TO the peniientiary to begin his sem
tence this afternoon. and after a tear
full adieu the family OF Mr.. Spencer
parted from him and the court add
jonrneds
SUIT ON NOTE.
The case of 4 L. Robson against q.