The Morning examiner. [volume] (Ogden, Utah) 1904-1910, 1910-07-24
RILEY TO Be
SHOT SEPT. Q
Convicted Murdcrers of George
Fassell Are Sentenced to
Death.
Motion for New Trial Denied by
Judge T. D. Lewis
Yesterday.

He showed ii yesterday morning
as he stood with bowed head and
! folded hands and heard Judge r. D.
Lewis pass the death sentence on him
In the district court at Salt Lake City
II was that he should be shot Friday,
September .. the same day on which
Harry Thorne also is to pay the pen
atty
1t would be rather difficult to find
two men who are so unlike in their
actions as Riley and Thorne, both
convicted of the murder OF George w
FaSsell on the night of March &c,
1910.
When Thorne listened to the death
sentence he was defiant A sem
blance OF a smile played about his
eyes and mouth He was brave ard
carried The air that he did not care
what the court might do, He bore
every mark Of n young tough who
either did not, OF would not let 1t be
known that he realized the enormlty
OF the crime which he had committed
Realizes His Position.
No SO with Riley, His sunken
cheeks. his downcast eyes. his slow
step. told the story of man who
feels, who thinks, who realizes
that he is in Il desperate position-a
man who seems TO carry with him the
weight and sorrow of a great crime
This was the Thomas Riley who
stood before Judge T. D. Lewis this
morning. after the court had over
ruled tho motion for q new trial. and
listened while the court sentenced
him to be shot on Friday September
9. the same day that Thorne Is SEN
fenced TO be shot
When asked If he had any legal rea-
son to show why the sentenced OF the
court should not be pronounced
upon him. Riley answered In such
low voice that 1t was scarcely audi
BILE five feet away His voice was a
little louder when, in answer to the
court, he said
II elect TO be shot"
But there was a tremor in his voice
and choking of the words as he ut
od fheW. There was an apparent
dropping of every muscle In the body
as he resumed his seat after the SEN
go IA 1een passed upon him II
was the poise OF man who seemed
now to fully realize the awful crime
which he had committed and by his
every nction said, Il am sorry"
Appears to Give UP Hope,
There was a feeling almost OF pity
for the condemned and handcuffed
murderer as he was led from the
court room by Sheriff Sharp and Dep
uties Steele and Corless. Had he
tainted in the courtroom II would not
ha haon onrnrlCn 10 nh.
had watched him for an hour and
balf while Attorney James u Pardee
argued for and District Attorney Fred
C. Loofbourow opposed the motion for
n new trial There was that about
him that told as plain as words that
he had no hope the court would grant !
the motion.
Even when his attorney gave notice
OF an appeal TO the supreme court
Riley did not appear 10 have hope
that the supreme court would reverse
the decision OF the lower court. He
appeared to realize that he must pay
the full penalty for the murder of the
grocerymap.
He stood motioDless as he heard
the court pronounce his doom He
sat motIonless in his cell for an hour
after he had been returned to the
county Jail.
Sorry When II is Too Late.
His actions were so different from
those OF the murderer 'Chorne that the !
officers at the jail felt a tInge of pity
as they watched him being led to his !
cell, from which within five days he
must go to the state prison. there to |
await the action Of the supreme court.
Attorney James PaTdee made a long
ana earnest plea for a new trial. He
presented a1ildaVits from Bailim HI.
ton and Juryman Israel Spitz to the
effect that the revolver and the over
alls which Thorre wore on the night
OF the murder had been carried to the
jury room where the twelve men were
debating the verdict which they |
should return. He argued that the
court had erred in some OF its in
and urged that new trial
be granted.
The district attorney opposed the
motion He said that Riley had had |,
fair trial and had been convicted fair |
ly. At the conclusion of the argument
Of the district attorney the court !
promptly overruled the motion. and |!
Riley stood up and listened 10 the SEN
tence. As soon as ne resumed his
seat Attorney Pardee gave notice of
IN appeal TO the supreme court and
asked for transcript of the testi-
mony aud proceedings in the case.
Riley Without Funds.
He announced that he would file all
affidavit that the defendant was un-
lble to pay the expenses OF the tran
script, and it will be Issued at the ex-
lense OF the state
j. NJ. Denny. attorney for Harry
horne. was present during the argu-
nent and listened attentiyely to every
word that was said At the conch-
'ion OF the case he informed some of
hose present that he intended 10 peti-
ion tho board of pardors for 4 com
OF the sentence tn life I'M
'risonment
The petition will likely be presented
within the next few days, and viii he
considered by the board at the reeu-
ar meeting, which will be held the
bird Saturday in August.