Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-09-05
RILEY AND THORNE
IN FIGHT FOR LIFE
Thorne, Denied Communication of
Sentence, Still Hopeful
OF Action.
MURDERER PUZZLES OFFICERS
Boy Acts strangely and They DO Not
Know How to Judge Him
Stay OF Execution.

Hopeful that the highest court I'm the
state may save them. Harry Thorre
and James Riley, convicted Of the muir
der of George W. Fassell and sentenced
to be shot for the crime, through their
attorneys are preparing tU appeal to
that tribunal for new trials or other
relief, Meanwhile Sheriff Joseph Sharp
Is going ahead with preparations for
their execution, though he cannot com.
plete the arrangements until the casss
are finally disposed of in the courts
The lives of Thorne and Riley are now
In the hands of the supreme court and
Gov. Spry, the state board of pardcns
having on Saturday refused the prayer
OF Thorne for Communication Of sentence
and in Rileys case the notice OF appeal
has been served and the stay of execu-
ton signed.
After the decision of the board ~
paTdOns was conveyed to Thorne Sat
urday by Warden Arthur Pratt OF the
state prison, he manifested no change
whatever in bis dcmeanor. The youth.
whether a novice or "a hardened Grim
inal. Is "a puzzle to- the prison officers
and has been a puzzle to all since his
arrest Immediately after the murder. In
court during his trial he appeared like
no other criminal with whom court Of
ficers had ever come in contact He
is not detected and does not appear L
have tho criminal bravado about him.
NOT IN SOLITARY CONFINEMENT
! Thorne. until his death watch IS 90.
pointed. II IL is. Is given the freedom
OF the prison yard, as other prisoners
not in solitary confinement are with
the ether prisoners he does his work.
talks. exercises and In every way seems
to be worrying little about his fate
Officers are puzzled by the boy. They
do not know whether his manner is a
part OF a game being played by "A clever
young criminal or the natural demeanor
of boy 10 whom his new life Is IN
deed a strange one.
]. NJ Denny. who was appointed by
the trial court to defend Thorne. was
busily engaged today going over The
entire case from arrest To conviction
He said that he did not know just what
steps no would take, but he intends 70
leave no stone unturne1. II may he
an appeal to the supreme court, or to
the governor, the final resort
James ID. Pardee, who was appointed
to defend Riley, has already served the
preliminary papers in the appeal Of
Riley's case 10 the supreme court. Til,
arguments on the appeal win not b.
made until February. The stay Of ex-
ecution was signed by Judge Lewis sat
urday In his bill of exceptions. Mr..
Pardee will plead to the complaint. that
facts sufficient to constitute n public
offense were not alleged, which was
oVerruled and will take exception to the
courts instructions to the jury.
SEEKS NEW TRIAL.
Mr.. Pardee upon these grounds ard
others. viii seek new trial for The
condemned man. In the event the gu
preme court affil1ns the judgment OF
the lower court and denies n new trial
the lower court will again be under tn
necessity OF issuing another execution
in the case. naming another day for the
death of the murderer.
Both Thorne and Riley elected shoot
ing as the method of their execution
Utah Is the only state affording muir
derer choice OF hanging or shooting
When the execution takes place FIVE
rinemen will be hidden behind screen
which only permits the muzzies OF their
guns to pr0trude and give enough view
OF the man strapped in his chair u
permit aiming. one OF the five rifles
is loaded with a blank cartridge, giving
each man In the firing squad a doubt
as TO whether or not his rife was load
ed with bullet and making Il uncer-
tain as to Just which men of the
squad actually fired the shots which
killed the men. Sheriff Joseph Sharp
has the full arrangements OF the eYenu-
tion in charge and has received many
applications from rifemen 10 be mem.
bers OF the execution squad