The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-04-30
WAY RE|NSTATE
WYOMING CASES
Major King Succeeds in Get
ting Murder Prosecutions
Before Supreme Court.
SAYS PLEAS OF GUILTY
WERE MADE UNDER FEAR
Hopes to Obtain Ruling Set
ting Aside Sentencing of
Defendants.

Major Samuel A. King, the Salt
Lake Attorney, returned to Salt Lake
yesterday after a month spent In Basin,
Wyo., where he appeared as attorney
for several Wyoming cattlemen who
had been convicted of numbering three
sheepmen who were alleged to have
been trespassing on the rang OF the
cattlemen. MaioE King secured writ
which reopened the eases. Later tho
writ and the proceedings were quashed,
whercupon Major King appealed TO the
supreme court OF Wyoming. The ap-
peal is now pending in the supreme
court.
Seven cattlemen, Herbert Brink,
George Saban, NJ \, Alexander. Ed
ward Eaton, Thomas Dixon, Albert a..
Keyes and Joseph Ferris were arrest
ed on the charge of numbering Joseph
Alexander. Joseph Emge and Jules La
Zier on April ., 1903, in what IS known
as the "sheep and cattlcmen's war.
Pending the trial of the suspects
feeling ran high in Basin. Threats Of
the section OF the state was thrown
into n turmoil. The trouble became
such that Governor Brooks of Nyom-
ing ordered out a portion OF the Ma
tional Guard and kept the troops at
Basin during the greater part of the
sun7ner and fall of 1909.
Pleas of Guilty,
All OF the accused cattlemen wera
indicted by the grand jury for muir
der in the first degree. Later these
indictments were set aside because of
irregularities. Information charging
the same offense was filed against the
prisoners and Herbert Brink was con
victed of murder in the first degree.
The others then pleaded guilty to mur-
der in the second degree. On Novem-
Der 13, 1909, Brink was sentenced to
life Imprisonment; Saban and Alexan
der were given indetermlnate sentences
of from twenty to twenty-sIx years;
Eaton and Dixon were given indeter-
inmate sentences of from three to five
years; while Keyes and Ferris turned
state IS evidence and the cases against
them were dismissed.
Major King was called into the case
recently and upon his entry in the
defense of the prisoners lie made appli-
cation for what is legally known as a
writ of error coram nobis,' which
in effect means the setting aside of
the pleas of guilty of the accused cat
tlemen on the ground that the pleas
that undue influence occasioned these
pleas. The application was made IN
the cases Of Saban and Alexander,
these cases being used as test cases,
and if these eases are reopened the
decision will also reopen the other
cases,
Success Reopens Cases.
The writ asked for by Major King
was granted by the court. The state
TO quash the proceedings. After a
hearing this disposition Of the writ
was made by the court at Basin last
Tuesday.
Major King immediately made ar
rangements for an appeal and on
Thursday the case was in the supreme
court. Major King holds that the
court, having granted the writ, cannot
set ii aside, except on question of
fact, and that the granting of the
writs sets aside the pleas of guilty
and reopens the cases.
Associated with Major King in the
appeal to the supreme court is w. E.
Mullin. former attorney general OF
Wyoming and Republican candidate
for governor of Wyoming last fall.
Major King is enthusiastic over the
growth OF Big Horn county, of which
Basin is the county seat. He said that
1t was the best county in Wyoming
and that it was one of the best irri-
CATION districts of the west. Several
former Utah people are now living in
Big Horn county.