Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-04-08
Then He viii Know Whether He
Is to Die Or Live a
Convict.
A NEW TRIAL is REFUSED,
MuFderer's Attorney Secures
Stay of Sentence TO Of
fer Evidence.
When Court Calls Him to Account for
Improper Practise. Youthful Law
yer Pleads His lncNpcrlcncc.

with human life az the ball, ping
pong was the game In Judge Arm
| strongs court this morning For a mo-
ment Joseph Sullivan, convicted OF the
murder Of officer Charles Ford Dec. H.
1907, faced either of two dreadful things
death or life Imprisonment, And he
faced it smilingly Had not Atty. Bailey
of Vickery & Bailey made a fearful
plea for stay Of tmc and had not
Judge Armstrong granted the request
Joe Sullivan would have known his fate
| this morning
The court had iust overTuled the mo-
ton to grant new fal and was about
! to utter sentence When Atty. Bailey
rose and With his Voice shaking with
emotion, pleaded for. another postpone-
nent of the passing of sentence so
more new evidence Just run down,
could be introduced as a barrier be-
tween his client and his doom. This
was just after three afiidavits. in
uoduced by the defense this morning,
had been read by the court.
/ PLEADS INEXPERIENCE.
Judge Armstrong chided the young
/ attorney for unusual proceedings in
! permitting Judgment being started be-
/ fore all evidence had been. submitted
( Mr.. Bailey pleaded ineXperience. The
/ court finally granted the defense uhtll
J 10 O'Clock tomorrow morning, when
sentence win be passed. The newest
| bit Of evidence, as described by Atty
/ Bailey, will be the affidavit of a man
/ who will swear 10 statement that ne
! saw Joe Sullivan walking northward
! out of the city on the oregon short
! Line tracks shortly after / o'clock IN
/ the morning of Dec. Il, when Ford was
/ shot This man viii swear he passed
] Sullivan; knows it was he and VIII
! testify should new trial be granted
! This the defense viii argue shows
! Sullivan could not have been any
] where near the scene of the shpollng
| when Officer Ford was shot SO couiu
/ not have participated. To attempt 20
/ guess what effect this Will have upon
! the impending sentence would be rasn
! conjecture Ii may be. as the defense
/ hopes and believes, that upon TINS
| showing new trial will be granted
| Again IL may not be u straw IN the
| road towards the big building out on
| the hill"
THREE AFFIDAVITS READ.
Three anidavits were laid before the
court this morning by SulIivans law
yers. These were the sworn state
ments of Harry H. Heyman, l. Houck
| and NJ. Carson. The first to swear
! they saw Sullivan walking northwasi
/ on the Oegon Short Line tracks short
| Nv afer ] o'clock on the morning OF
/ Dec IA. The last swears that ne saw
! q man dressed in gray suit ana bldeh
! hat sitting by a campfire near the
/ oregon Short Line tracks near Woods
! Cross about 3 o'clock on the morning
of Dec l4-By these the defense hoped
to show Sullivan was on his way OUT
of town when the killing OF Othcer ford
occurred. Upon this showing a new
| trial was asked,
Fiye-minute arguments followed from
the various attorneys, and then from
the court came THE motion for new
| trial is over5ruled.'
This was uttered in low voice anu
n tomb-like silence filed the room tor
| a second. Then someone said what"
! ,.T'be motion for new trial is over
| ruled" repeated the court. III was
| patent the sentence was to follow I'M
| mediately, but Attorney Bailey was on
! his feet pleading for a stay OF seven
| days that new evidence just uncovered
! by his partner Vlckery' might ne
DURING an the time sullivan was
| probably the coolest man In the courI-
| room lie watched the different lawyers
| closely as they talked but there Was no
| emotion betrayed In look pose or nc
| ton SulliVan's appearance was thaI
| OF q man who found ms llrst peep mo
| a courtroom during murder trlal m
| terestlng: vet no was the man whose
| lifo the lawyers ana court We're Jug
| cling Sullivan could have looked AT
! the clock, just that moment ana ne
! might have said, Before that bIg mana