Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-11-19
AS HE FACED DEATH.

I'VE want to call the attention of the
court" said he, 'to tho fact that the
defendant has been in Jail about three
years, two years of that time under
sentence. Now. there is little doubt
that n man under sentence OF death.
with the haunting fear of the gallows
in his every. thought. serves n sentence
Z in three years equal to 10 years ordin-
arily.
.'If he Is sentenced to n long term,
he will not be the sufferer SO much as
the children who. should be dependent
upon him for support. For the sake OF
the children the court should be as
lenicnt as possible"
Atty Tobin was followed by Atty. S.
A. MaElnnis. who urged that leniency
be shown. He said that his father. w.
L. Maginnis OF Ogden, had told him q
number of times before his death that
he would not have undertaken the de-
Tense of Thomas Vance unless he had
been convinced that he had not in
tended to kill his wife when he beat her
on Nov. 26. 1907. Mr.. Maginnis said that
he spoke of this matter to show that
the counsel for Vance had undertaken
the defense in good faith. For the sake
of the children lie also asked for leni-
ency.
DEATH DUE TO POISON.
"rhe jury has found the defendant
guilty Of an assault with Intent to
commit murder" said Judge Lewis in
beginning. THAT Mary Vance died
from poisoning the court Is convinced
beyond reasonable doubt, but whcth
or the defendant administered tho pos-
on. or she took 1t herself Is open to
question. II Is unlikely however. that
she would take the poison herself. But
the assault on the day before has been
proven beyond any question, He not
only struck her and kicked her. but
II was done apparently In n condition
of mind showing that he did not care
whether he killed her or not. He as
saulted her ut time when she was
weak and sick and his kicking her
Mt that time shows an abandoned and
malignant heart,
THE defendant may stand up. Have
you anything to say before the judg-
ment OF the court Is pronounced?"
Thomas Vance. tho defendant, rose
slowly to his feet. His voice wavercd
and his attitude was that OF tense
nervousness.
Judge, your honor" he began. be
fore passing sentence / would like {"
ask for lenlcncy of the court. ! would
like to call your attention to. tho three
| wears was in prison, AS to striking
and kicking my Wife, deny that. ]
| would also like to call your attention
| to the fact that l leave my children
| without support
GIVEN THE MAXIMUM.
Your children will suffer all the
days of their life. whether your SEN
| tcncc will be short or long said Judge
| Lewis. "The sentence Of the court is
| that you be confined in tho state prison
| for n term of 20 years"
The verdict came rs surprise both
| to the defendant and to the attorneys
who have put up such hard fight for
his life. They expected that he would
receive at the most n l5-year sentence.
AS Vance passed from the court room
in the custody of a deputy sheriff to be-
| gin serving his long term. he shook
hands with his counsel. and with n
smile, that sounded the hopelessness OF
his feelings, said good bye.
Tho Vance case has been ono OF the
hardest fought murder cases In tho his
| tory OF tho state, He was convicted
| once OF murder in the first degree and
| sentenced to be shot Later the SUI
J premc court reversed the trial court
| and Vance was given n new trial, II
| was ut this second trial that the YER
dict of guilty of assault with intent
to commit murder was rendered, Tho
| ,nnxt,nIm for this is 20 years.