The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-11-20
He Pleads for Leniency, but the
Court Gives Him the
Maximum.
DEFENDANTS ATTORNEYS
ALSO MAKE STRONG PLEA
Judge Lewis Does Not Think
Vance Entitled to Con-
sidcrati0n.

Declaring that he is convinced tnat
Mary Vance died from poisoning as
well as from kicking and beating and
that 1T is unlikely that the woman ad-
ministercd the poison herself. District
Judge Lewis Saturday morning gave
Thomas Vance the limit of the law
under his recent conviction by Jury
of assault with intent to commit mur-
der This means that unless tho SUI
prcme court interferes Vance must
serve twenty years at hard labor in
the state prison. Vance WINGED, as If
he had been struck, when Judge Lewis
fixed his penalty at twenty years.
Vance was given the laws limit
after both he and two of his attorneys
had made eloquent pleas for lenicncy.
With S. Abbott Maginnls Of Ogden
and John f. Tobin of this city, Vance
appeared In the court room a few min,
utes before 10 clock. Occupying
scat near the door, Vance neryously
curled his long mustache and showed
other evidences of agitation, while sew
cral other minor matters were disposed
Of His eyes roved furtiVely about the
room.
Mr. Tobin asked that the argument
on tho motion for new trial 90 over
for sixty days and that sentence be
passed then. This was granted and by
stipulation the hearing Of arguments
on the new trial motion was set for
January Z, 1911. After going over the
case Judge Lewis inquired if Vance had
anything to say before sentence was
passed
Pdea for Leniency.
Mr.. Tobin urged the court to be as
}cniept as possible consistent with JUS
tice The Jury. he said, must have elm
mated the poisoning theory, as lndl-
Gated by the return of verdict re-
ducinc the punishment from q death
sentence,
s'We want to call the attention Of
the court said Mr.. Tobin. ''to the
fact that the defendant has been in Jail
three years, two years of which were
under sentence. Now, there is little
doubt that q man under sentence of
death, with the haunting fear Of the
rallows in his mind spends three years
the equal ordinarily Of ten years SEN
tencc. And If Vance be sentenced to
n long term he Will not be the sufferer
20 much as the children who should be
dependent upon him. For the sake Of
tho children the court should he as
Ienieut ms possible. we think
Mr.. Maginnis also urged leniency on
account of the children. To show that
counsel hnd undertaken the defense Of
Vance in good faith, Mr.. Maqinnis said
that his father. the late Judge w. l..
Maginnis of Ogden. who originally was
chief counsel for the prisoner. had told
him that he would not have undertaken
the defense Of Vance if he had not been
convinced that Vance did not intend
10 kill his wife when he assaulted her
November 26. 1907.
Scored by the Court
"The jury found the defendant
guilty of an assault with intent to com
NIT murder replied Judge Lewis.
l'That Mary Vance died from poison
ing The court is convinced beyond rea-
sonabIc doubt, but whether the defend
woman gave it to herself, is open to
question. 1t is not likely. however, that
she took the poison herself but if she
did administer it herself she probably
did so because she was tired of life
with a man like Vance. But the as
sault of the day before has been proved
beyond question. Vance not only struck
and kicked her but he did it appar-
emily in condition of mind showing
that he did not care whether lie killed
her or not He assaulted her at time
when she was i'll and weak. and his
kicking her at that time showed an
abandoned and malignant heart.
TIP UeISuflNUC fnFV SLaDu CON
tinued the court tHave you anything
TO say before judgment is pronouncedf'
Statement Of Vance.
Rising, slowly and nervously, Vance
said:
",Tudge. YOUR honor. before passing
sentence .Uron me. 7 would like to ask
for the lenIercv nf the court T.would
like to coll attention TO the three wears
] lave been in confinement. As to
striking and kicking nay wife, denv
that. ] also would like 70 call your at
tention In the fact that leave my chill
dren without support
HYour children will suffer all their
life.' renlied the court. "fThe sen.
tonre If this court is that Won he con-
1ned in the state prison for n term
of twenty years at hard labor"
VANCE then was led from the court
roor' a-d taken to the atete prison TO
ba"in his sentence. As he shook hands
with his counsel he smiled a wal
goodbye.
With good behavior and merit marks
Vance may get nnt re prison in ter,
years and ten months.'