The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-07-08
Slayer of Grocer Fassel Is
Found Guilty of Murder in
the First Degree With No
Recommendation for Mercy.
VERDICT NOT TOO SEVERE,
ASSERTS JUDGE LEWIS
Penalty for Crime viii Be
Death, and Boy Criminal
Says He Does Not Want to
Go by the Rope Route,
RILEY SENTENCED TODAY

1--WE the jurors find the defend
w ant, Harry Thorne, guilty Of
murder in the first degree as charged,
read Judge T. D. Lewis in the district
court at 1915 last night.
IT knew it was coming all the
time" said Thorne two minutes later,
after the jury had been polled and
each responded that it was his YER
dict.
The verdict was reached after the
jury had been out exactly nine hours
and ten minutes. and during most Of
that time three of the jurymen hung
out for a recommendation for life i'm
prisonment instead of a verdict with no
recommendatio which viii mean that
the death penalty will be inflicted on
the boy who shot and killed George W.
Fassell on the night Of March 26 while
he with two men were rObbing the Fas-
sell grocery in East Fourth South
street.
At 1890 O'Clock the Jury retired, and
the first ballot. taken Immediately AFT
er the jurymen reached their room.
stood nine for guilty. without recon-
mendation." and three for guilty, with
Recommendation Tor mercy"
No other ballot was taken until after
the Jurors went TO lunch at 1 o'clock.
and on returning to che jury room on
the fifth floor or the city and county
building the jurors took OFF their coats
and settled down 70 discuss the case.
Several ballots we're taken during the
afternoon. all with the same result, and
Il was not until s o'clock in the even
ing that one OF the three came over
and voted for no recommendation An
other hour and a half brought about
the change IN the other two jurors. and
IL was $3.50 when the conclusion was
unanimous
Verdict Not Too Severe.
Telephone calls were sent 70 Judge
Lewis. Sheriff J. G. Sharpe. District At
sistant. =. o. Leatherwood, and J. NJ
Denny. counsel for Thorne. and az min
utes later all were present. including
Thorne. when the jury filed in.
In discharging the jury, Judge Lewis
said:
This duty is certainly the highest
one that you as citizens could be called
upon to perform, and you have realized
the seriousness OF this duty. The fact
that the boy is young certainly appealed
TO your sentiments. but the punishment
is certainly not too severe"
Judge Lewis set the time for sentence
at 10 a. m. on July -, and as the bailirr
was crying Hear yei Hear ye' This
court is now adjourned until 10 o'clock
tomorrow morning. Thorne was rolling
cigarette.
II have no relatives 20 whom e will
make any difference" he said. NO.
don't want TO make any statement. You
newspaper men nave ueen making zoo
much over this. anyway" he said as he
fumbled for match.
Thomas Riley. who was convicted one
week ago for the same murder. will ap-
pear before Judge Lewis at 10 o'clock
this morning and will then have his
choice between hanging and shooting
the penalty for his share In the
crime. Riley has so far expressed no
choice. but Thorne. IN conversation with
an official a few days ago. remarked:
Il saw a niger hung once, and II was
a bum job II I get mine. it's not GO
ing 20 be that way"
Asserting that many man had been
hanged on less circumstantial evidence
than had been presented in the present
case. ]. NJ Denny. attorney for Thorne.
reviewed the circumstances OF the ar
rest Of Thorne and Riley for the murder
Continued on Page Tent