The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1910-03-25

mendatIon for clemency. which mcans
that ;he murderer must serve n life
| scntence at hard labor in tho sfate
prison unless the supreme colrrt in.
tcrferes.
The prisoner inumated in = st5tc.
ment. made after hearing the verdict
that lie might attempt suicide but
the covert threat OF selfdcstructIop is
not taken seriously.
The case went to the jury at AK
o'clock Thursday afternoon. Althonch h
an early verdict was expected the
Jury did not agree until almost 10
o'clock. IT is understood. however.
that there was no trouble in fixing
DTiskell's guilt. The delay occurred
in determining whether the verdict
should be death or should Le tenn
pered with mercy by 4 recommenda.
ton for clemency. Those favoriug
the latter finally predominated
Tho jury spent considerable time in
organizing and reviewing the testi-
Inony, and did not take a ballot until
after dinner, near s o'clock. The vote
for guilty was unanimous. 1t took
several ballots, though, it Is said, to
agree upon olemcncy
History Of the Crime.
The murder which Drskell must OK
plate was one of the most cold-blooder
and at the same time sensational in
recent years. The latter was true
largely because of the proximity Of
the crime TO the business heart of
the city. The prominence OF the
scene OF the murder brought the
crime all the moro strongly before the
public and made it all the more re-
voting. Consequently the diligence
Of the authorities OF the law, especial
ly on the city side, was all the more
pronounced to bring the murderer to
Justice
The evening OF tho murder Kennedy
said to DrIskell
Let's so out and hold somebody
up"
Drlskell assented and, going east Oh
First South street to Second East,
Driskell and Kennedy met, halted and
searched young Nebeker, Kennedy
searching their victim while Driskell
held a revolver TO his stomach Find
ing no money they took his oyercoat
and let him go Then they started
back to the business district, pursu-
ing roundabout course.
Young Nebeker rushed to the police
station, less than block distant, with
word OF the holdup and gave the de-
partmeut descriptions of the men.
Riley was nightwatchman along
East South Temple street. but hap
pened to be at the police station, off
his beat, and this cost him his life
the station at that instant. it devel-
oped, that could be sent out on the
case. so Riley went one way and Dc
tectIye George Chase another, taking
young Nebeker with him to Identity
the holdups in case they were found.
Detective Chase and Nebeker went
cast on First South street and Riley
went around the corner from the
police station onto State street NJ
Second South and State streets ne
met Kennedy and Driskell and.
searching them, started back to the
poliee station with them. At the al
ley leading east from State street, al
most opposite the orpheum theater
entrance. one Of the desperadoes shot
and killed Riley, and the jury. by Its
verdict Thursday night, expressed the
belief that Driskell committed The
murder This belief is held by the
public generally,
Drlskel and Kennedy escaped
through the alley and fed TO their
room at the Oaks hotel. They then
worked their way To Ogden. but the
police. with Chief OF Detectives
Georep Sheets in the van, wore
strHining every nerve to aycngeS the
murder of their fellow officer and
pretty soon. through Joe Gordon,
negro Chief Sheets located Driskell
and Kennedy in roomiHg house at
Ogden The Ogden police were i'm
structed to apprehend the men, with
James r. Healy. dapDer youth,
whose demeanor smacks Of the sport
Ing world, and the three were arrest
ed and brought back to this city by
Detective Joseph Burt.
This was on October 12. 1909. only
eight days after the murder. Healy
was turned loose, and on October is,
five DAYS lator. Driskell voluntarily
On October 20 he pleaded
not guilty 10 first degree murder In
Police Judge j. NJ Bowman'S court
and was transferred to the county
jaI. Immediately after his arrival
there he confessed again and in Feb
ruary OF this year he made another
confession to William Morgan, his
cellmate. charged with counterfeitinG.
The brother. it is said. was i'm
posed upon by Driskell In the lace
OF DriSl,ell's violent protestauons OF
innocence he believed MIN to be inno-
cent. The confessions. he thought,
had been obtained by cruelty and
duress. and he believed that his
brother stood in danger OF being rail-
doaded 10 the gallows. movement
is on foot even now. It was authori-
tatively reported outside the court
room Thursday. to have Tracy Dris-
kell oaroled or pardoned soon.