The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-08-22
ASKS BOARD
TO COMMUTE

Salt Lake, Aug 22.-The fate OF
Harry Thorne, the youthful murder
er OF George w. Fassell. n grocer on
East Fourth South street, Is now In
the hands Of the state board of par
dons and Will Dot be finally determin-
ed by tho board until September g.
just six days before the date set for
his execution for the crime for which
he was convicted by jury In the
district court recently. Thorue was
sentenced by Judge Lewis to be ex-
ecuted on September 8 and made
final appeal to the board OF parjons
On Saturday to have his sentence
commuted to life imprisonment The
board took the matter under advise
ment until September 8, when q spec
iil meeting wfll be held to finally de
termine the application for clemepcy.
Thorue appeared before the board
personally and was questioned at con
siderable length by the members Of
the board as to his past life and his
connection with tho crime of which
he stands convicted and condemned
He told the same story as when on
the witness stand during his trial
and declared that the shooting was
raerely accidental and that he had no
intention whatever of shooting Fas-
sell. He said that be was poking
Fassell in the ribs with the gun to
make him get back behind tho coun-
ter while hls pals" were robbing the
cash register. when the gun was ac-
ctdentally discharged and Fsssell fell
TO the floor and died within few
minutes.
Attorney J. NJ. Denny. who defend
ed Thorne, made a lengthy appeal to
the board IN behalf OF the condemn
ed youth and asked the board TO
grant the application for commuta-
ton. Mr., Denny laid great stress on
the youth of the condemned man and
also upon the fact that the shooting
was accidental.
District Attorney Loofbourow, who
prosecuted Thorne. made a brief talk
in which he opposed the application
ioI commutatlon OF sentence. Sheriff
Joseph c. Sharp also appeared be
fore the board and answered a num-
ber Of questions relative TO Thorne's
conduct while In his charge at the
county jail The board considered
the application In executive session
and postponed final action until Sep
tember 3.
James Riley, who was with Thorne
in robbing the Fassell store and who
was also convicted OF murder in the
| first degree and sentenced to death,
has appealed his case to the supreme
court and will make a fight before
that tribunal for his life His case
VIII probably be heard by the SUI
! prone court in February and N he ls
unsuccessful In his appeal he will
no doubt ask the state board Of par
6ons TO commute his sentence The
murder of FaSsell occurred on March
26 last, while 'Curley" Morgan were
Iobbing the Fassell store. Morgan
escaped and has never been cap
tured
Count Henry Milhousen. who Is
under sentence of twenty years in
the state prison for number of
burglaries in this county. will be
granted a commutation of sentence
10 take effect at once provided the
United States migration officers will
deport him and take him back 10
Germany where he is said to have a
criminal record II is understood that
Immigration Inspector j. c. Hise viii
loAve with Milhousen on Tuesday and
he Will embark at New York for his
| native land Nilhousen pleaded gull
1 ~ TO a number OF burGlaries and was
sentenced by Judge Lewis OF the
| third district court January 10 TO
serve twenty years. He had been in
the United States less than three
years. hence came under the immi-
rratlon laws for deportation An ap-
pllcatIon for pardon was made IN his
behalf for the purpose Of taking him
back to Germany and the board
granted a commutation Of sentence to
take effect on the date Milhousen l.
| started on his return 10 his natIve
land
Applications for psrdons IN the fol
| lowing cases woro denied by tho
board
Ralph Lawhorn. serving ninety days
In tho Utah county Jail for battery
John Dufry. serving ton years in
the State prison for burglary In the
second degree. committed In Salt
Like county,
B. A. Slocum, forgery. Salt Lake
county, three years'in the State pris-
on
RAY NJ. Phillips. robbery. Utah couu-
", four years in the State prison.
Lorenzo Montgomery. criminal aS-
sault, Weber county. eighteen months
In the State prison.
Hiram Wiseman, who was sentenc-
ed In Weber county on January 27.
1909. TO three years for a statutory
offenae, was granted a parole.
David Latham, who was sentenced
to three years in Salt Lake county