The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-11-20
VANCE COVERS
UNDER SENTENCE
Ordered Committed to State
Prison at Hard Labor for
Twenty Years.
HE MAKES PLEA FOR MERCY
Man Once Convicted of Murder
Cringes Under Scathing Arraign-
ment by Judge Lewis.

n OWERING under one of the most
Il scathing arTaignments ever
passed from the court bench,
IhomdS Vance. once convicted OF wife
murder yesterday received the tuil
penalty Of twenty years Imprisonment
al hard labor. the maximum provided
D. the statutes for the crime of assault
win intent 10 commit murder. Sen
tence was passed by Judge r. ID. Lewis.
NeiNously, ana with The catch or
Tear IN his voice the man once SEN
fenced 10 death, after having been
FOUND guilty OF the murder OF his wife.
and later, ia his fight for freedom. Sc
curing through second trial a cOmmu-
"a ton in the verdict that reduced the
desfee or his crime, lamely made
plea Tor mercy. FOREGOING the priv
iiege OF appearing on the witness stand
before the jury that was trying him,
vance yesterday, a the time of his sen
lence, pleaded with the court that his
chiluren needed him and denied that
he had ever kicked or beaten his wife.
Ills appeal, as well as the sympa thetic
pleading on his behalf by his attorneys,
John +. TObin and $. A. Maginnis. had
little weight, as the court. in passing
sentence, Ignored the fact that Vance
has already spent three years in jail,
two of these years passed under the
haunting dread or the death chair
Bravado Gone.
Nances appearance in the court room
yesterday was IN marked contrast 70
the cool, confident air of nOnchalanee
that he paraded during his second trial
on the charge OF having killed his wife
Mary Vance, by beating and kicking
her and then, wE.le she lay sick in bed
administering poison.
During the trial Vance adopted the
tahEulds slOuchlng air of confidence in
himself With his clothes well brushed
hair carefully cOmbed and clean shaven
he sim found collar and tie unessen-
tial 10 his bingham shirt. Yesterday
lac entered the court room clad in a
new suit OF black. with immaculate
shlrt and collar but his nervousness
and apprehension was BETRAYED in the
twirling and chewing OF the mustache
ana the pallor OF the face.
As he waited for the court procedure
his nervousness increased until his
name was called. and an audible sigh
told OF the breaking of the tension.
Roth Attorneys John r. TObin and
). A. Maglnnis spoke on behalf Of their
client, the convicted man, and both
pleaded for ciemencv. Mr.. TObin, i'm
pleading Tor clemency. did not cOndOna
the fact that Vance had beaten his
wife. but held that under the jury's
verdict the defendant had been ac-
quilted OF the charge of murder. as was
round IA the first trial. In following
h4s plea, MIR. TObln impressed the fact
that tile children OF the convicted man
are the worst sufferers. and that the
early freedom of the father was essen
Jial 10 their welfare.
y. A. Maginnis. following Mr. TObin,
suggested 10 the court that his father
". l.. Maginnis, who died during the
progress OF the trial, had taken a great
interest in the Vance case, because of
his belief i'm the innocence of the de-
PENDANT Mr. Maginnis also pleaded for
clemency.
When asked TO stand up TO receive
sentence, and also II he wished TO say
any thlng on his own behalf, Vance,
shaking in his physical and mental
fear. steadied himself by leaning on
me table and IN a rambling way
begged The court for mercy.
faN linz ha
innocent and that he had already
passed three years in Jail, Vance denied
that he had ever given his wife poison
COP that he had ever kicked her.
Il admit" he said. that 1 struck nv
wife. but / did IT in the heat Of pas
Vance also referred to his children.
saying that he was the father OF four
who would suffer We're he Imprisoned
and pleading that he wanted to be at
liberty 10 take care OF them His state
ment that his children would suffer
and be dlsgraced II no were sent 10 jail
for a long term, brought about the
caustic comment and the imposition OF
the maximum penalty from Judge Lew
Is, as follows:
Your children will suffer all the
days OF their life for the crime OF
which YOU stand convicted The SEN
tence of the court Is that YOU be con-
fined in the state prison at hard labor
for a period Of twenty years"
BEFORE passing sentence, Judge Lew
is, with no sparing words arraigned
the defendant in manner that caused
him 10 vince. The court refused 10
. entertain the suggestion offered By the
defendant that the wife-beating oc-
CURED in the heat OF passion. and the
inference obtained from the courts re-
marks that he thought the beat
ing was the Outburst of brutal instinct
The court also gave the inference that.
while the defendant might not have adj
ministered the poison, and that while
the deceas ed wife might have taken
( the poison herself Yet in the latter
case she might have been driven 10 that
preference rather than be subjected 10
the life with the defendant
Vance received his sentence with
shudder, and sank into his seat with
the air OF the man weary with aban-
dOned hope. While a prison sentence
was anticipated, il was plainly evident
that Vance did not expect TO receive
. the maximum penalty under the
charge.
Whether he viii accept his present
sentence. grateful that he has escaped
the death chair. or not has not been
announced. Under the tWenty-year
sentence, with good behavior and earn
ing his credit marks. his time can be
cut down 10 ten years and ten months
Ia the meantime he still has a motion
before the court for a new and third
trial. Under agreement OF the counsel
this viii come up for hearing, January
Z. Pending this, however. he VIII begin
TODAY the serving Of his twenty-year
entence.