The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-06-26


After being out for one hour and twen-
ty minutes. the jury in the case of Thorn
Riley. alias John Hays, who, together
with Harry Thorne and ''Curley" Nor
gan, held up the Fassell grocery store
which resulted In George W, Fassell be
ing shot and killed. returned a verdict
Of guilty OF murder in the first degree
without n recommendation for mercy
in Judge T D. Lewiss division Of the
Third district court at o'clock Saturday
afternoon. The verdict was signed by
Frederick LanStOn, foreman OF the jury
The time for the passing OF sentence was
fixed for Friday, July s, Mt 10 n. m.
After the verdict had been returned
Attorney James ID. Pardee. counsel FOR
Riley. announced that he intended TO
make q motion for a new trial on the
grounds OF errors In the instructions and
granted by the court, Attorney Pardee
says he will appeal the case to the su-
prcme court.
When the verdict was read there was
no material change In Riley's counte-
nance. but he moved slightly in his chair
and rubbed his hands together in ner-
was 10 more evident than at any other
time during the trial. After the court ad-
journed he rolled a cigarette before the
handouts were placed on his wrists pre-
paratory TO his being taken from the city
apd county building.
When the state rested at 1890 o'clock
Saturday morning II was evident that RI
Icy would be convicted. The defense put
up weak case. and the witnesses called
10 testify for Riley were used TO advan-
Jago for the state by District Attorney
Frederick c. Loofbourow. The witnesses
for the defense were called to show that
previous to the tragedy Riley had fairly
good reputation. but Attorney Pardec had
barely endeavored 10 do this before MT.
J.oofbourow by Riley's witnesses, brought
out the fact that Riley was an able
% earn an honest living II he had so pre-
ferred. Instead OF going out and mali
cIously holding up store.
Three Witnesses Called.
Only three witnesses were called by
the defense. the taking OF testimony from
which took only about forty-fve min
utcs short recess was taken be-
tween the examination OF two OF the wit
nesses for the defense, and at 11:3O O'Clock
rest, This came as somewhat OF sur
prise to the prosecution. which had eX-
pccted that the defense would put up
stronger fight, When the defense rested.
t was agreed between the court, the
prosecution and the defense that the case
would be argued in the afternoon and the
court adjourned until 1 o'clock,
Through Its witnesses the state ad-
duced q chain OF evidence duplicating Ri.
ley directly with the murder Of Fassei
which could not be broken by the de-
morning the first witness called by the
state was Mrs. Marie Hail. wife OF the
proprietor OF the. Angelus roonaing mouse
a short tlme after tho shooting. She tes-
tified to having seen Riley and Ihorne
rush into the room. where they were ar ar
tragedy She said that both men seemed
excited. but she thought nothing OF II un-
III they were placed under arrest by Il, the {,
The otorraphs of the two men.
Detective George Chase. who was one
OF the officers who placed the two men
under arrest WAS called next, He tes-
tilted TO having found pair OF overalls
In the room where the men we're ar
rested. They were turned half inside
out he said and were covered with
thick mud. The shoes found In the. room
also had wet mud on them, according 10
Mr.. Chase's testimony Detesiiye Shase
tectiyes George A. Sheets take the money
which was stolen from the cash register
al Fassels store from the LETT hand
rocket OF Thorne's coat When he found
The money Detective Chase said Chief
Sheets exclaimed. tWhy. here's the
money just as he took 1t II from the Gnda,s dia
At the conclusion OF Detective Chnse s
testimony. the state rested.
First for the Defense.
Joseph Watson OF s5 Postofflce place
was the first witness called by the de-
fense. Riley worked for Watson for a
short time as r., bakers @ helper; and m n Matv
of him. Riley was. reliable man and at
tended TO his business On cross exami-
nation by Attorney Loofb1urow' watson ION
living easily. and admitted that he, did
not need to steal w. 8. Allan. for whom
Riley worked during the latter part lao Of
1T Bingham canyon. testified that Riley
was a good workman and was all right
during the time he worked for him. Al,
that ne knew of no reason why Riley
could not earn an honest livelihood.
AT the conclusion Of Allan's testimony,
a recess OF about one-half hour was
taken owing TO the fact that the last
witness for the defense was not on hand:
This was Barney kautzman. baker OF
sworn, and testified that Riley worked
for him and insofar as he knew had a
s Psdee
that the defense rested and the court ad-
journed until 1 o'clock in the afternoon,
q featherwood nea her assistant tn prosectins s
attorney, opened the argument for the
state. Attorney Leatherwood made an
able argument IT. in which he showed what
on human life. Here is the price Of a
human life." exclaimed Attorney Ieath-
front of the jury the coin stolen by the
Ihghwaymen from Fassell's cash regis
ter on the night of the shooting. 'rbese
few pieces Of gold and silver were the
price peld for the life OF George w
Fassell," said he. Continuing, he re-
viewed the crime: and urged the jury TO
be true TO its oath and see that the laws
OF Utah were enforced In its delibera-
tions.
Closing Argument.
Attorney Pardee followed with his ar
Rument for the defendant He pleaded
that the three men went to the Fassell
store TO rob and not to Kill, and declared
that had the murder been committed in
tcntionally the two. men, would never
have confessed to the crime. He soid
that Riley went to the store TO rob and
not 10 % mYrHss ,,f and the IA fact that ToTne p
ley guilty Of murder In the first degree.
District Attorney Loofbourow con-
Clt11cd the argument for the state. MI