The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1910-06-25
SALT LAKE AND
STATE NEWS
RILEY TRIAL
IS IN court

W. bpu OVbS
SALT YAKB, June 24.-Wlth the
above men as the jury. the trial OF
the state against James Riley charg-
ed with the murder of George Fassell
in the lstter's grocery store on the
evening OF March 26, was begun be-
fore Judge T. ID. Lewis this morning,
Before the case was called Fred {.
Loofbourow, the district attorney.
filed an affidavit asking for the cita-
tion Of the Herald-Republican into
court for contempt in that 1t repub-
lished the confession OF Thorne, the
accomplice OF Riley, at a time when
II was most difficult to procure a
jury. the citation was issued return
oble Friday morning, July /, at 10
o'clock
A noticeable feature In the Riley
trial is the age of the jurymen. as
they average Just 90 years 10 months
they are all intelligent men however,
and an exceptionally close attention
to the instructions of the court and
tho evidence is expected.
OCICfOdUt 10 INCISObo.
AS District Attorney Loothourow
was making the preliminary state
mcnt for the prosecution. Riley
swung his foot constantly, twitched
about in his chair and in other ways
gave evidence of a nervousness which
up to this time he had not manifest
ed. On the other hand Thorne, who
really did the shooting II his confes.
sion Is true. is in the county jail ap'
parently unconcerned and disinteT'
ested over the progress OF his part
ners trial, According to the officers,
Thorne IS much meaner than Riley
and apparently more reckless. The
thought Of his being led into crime
by Riley is out of the question they
think as Thorne is as hard a young
ster as they have had In the county
jail since the arrest OF Abe Majors
who was implicated In the killing OF
Officer Brown of Ogden.
Opens For State.
1t appears from the opening state
ment OF Mr. Loorbourow that Riley
Thorne and Morgan had intended 10
hold up some OF the Troy Laundry
wagons on the evening Of March %
but that upon looking the ground over
decided 1t would be too risky. They
thereupop strolled about the little
store at the north side OF the entrance
to the laundry In the expectation OF
doing the work there. but too many
children were about, to make the at
tempt practicable They accordingly
strolled over TO the Fassell store AT
6l9 east Fourth South. entered the
building and committed the murder
Morgan was never captured but
Thorne Is awaiting his trial
That Riley had any Implication in
the shooting itself. except as he was
one of the robbers. will not be main
taIned by the state. as the law makes
it capital olfense TO be engaged
with another In the commission of
murder even where the other does
the shooting and INJURED is farthest
from ones intention. Riley, who is
4 baker by trade. has worked at
Midyalle and other places; and prob
ably never intended to do anything
more serious than 10 procure some
money. His hands are calloused and
he has every appearance Of one who
has worked most OF his HE. 1t mat
ters not however, for being engaged
in an unlawful enterprise he is liable
for everything committed therein as
II had done the dee himself.
Witnesses Sworn.
Several witnesses were sworn this
morning among them being John w.
Mackey oil the county surveyors of
fee. who made the maps of the store
ard the room where the accused men
were captured. a T. Jacobson. age
"a, the butcher In the store ut the
time OF the murder and the man who
ran out just after tho shooting. Mrs.
Fassell, the mother OF the dead man
to whose place q few doors away
Jacobson ran for help. William Bowen
OF 667 cast Third South and C.
Hall OF 81 east First South as well
as DR.. Chandler, who was called In
to attend to Fassell's wound
II appears from the statement OF
MI Loofbourow that the only words
Fassell ever uttered after being shot
were two calls for help, for he WAS
unconscious when Jacobson and the
delivery hoy returned. the latter from
the barn only few yards away whcy
he was attracted by the shot
Story of Killing.
After Mr. Mackey was examined as
10 the accuracy Of the maps present
ed i'll the trial, A T. Jacobson, the
butcher at the store, was called He
narrated the scene of the murder in
detail. showing how on the evening
of March 26 three men with handker.
chiefs on their luces entered the store
commanding the clerks to hold up
their hands. one OF the men remain
ing at the door, and OF how when
Fassell moved too slowly into a cor
ner Thorne pushed him along with n
revolver which was Immediately dis.
charged. shooting Fassell in the left
breast, Jacobson ran for help and
when he returned the robbers had
gone and Fassell was dying. He then
telephoned to the police and went for
DIR. Chandler and within half an hour
two of the men were captured In Il
room of the Angelus roomins house at
IS east First South.
Mr.. Jacobson admitted on cross eX-
animation that he did not recall that
there was any threat IN the voice uf
Thorne rs he ordered Fassell back 4