The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-01-21
DEWEY IS SENTENCED
TO PRISON FOR LIFE
Murderer of Police Sergeant
Johnston Hears His Doom
Pronounced.
MAKES A PLEA TO COURT
Insists That He IS Innocent,
and That His Trial
Was Unfair,
MAKES A PLEA TO COURT

With his wife sitting neat him. weep
ing pitifullv. Elmer Il. Dewey. convict
ed Of murder in the first degree for tho
killing o. Police Sergeant john Henry
Johnston, SATURDAY. morning swore be
fore God that be was innocent OF the
crime charged against him. The motion
for a new trial was overruiel by Judge
r, G.. Loofbourow, Of the criminal di-
vision of the Third District court, and
IN accordance with thc recommendation
Of tine iury which found Dewey guilty
OF murder. the court sentenced him TO
hard labor for life in the state prison.
The case will be appealed.
Asked il he had any reason TO give
why sentence should not be passed up
on him, Dewey declared that he was
innocent Of the oifensc charged against
him and had not been given fair and
impartial trial.
| am not. - exclaimed the convicted
man. 81 didn Z know that Johnston
entered the room, and | did not know
that he was shot until aftcrwaTd. [
certainly have not had n fair aud i'm.
partial trial That is all | can say. -
Sentence Pronounced.
Tho court explained that the jury. as
the sole Judges of fact, had found
Dewey guilty. and had recommended
mercy. which left it discretionary with
the court as TO whether or not the sen
tcncc should be death or life impris.
oDment. The court in passing sentence
declared that il had no reluctance
whatever in following the jury's rec.
ommendation, Judge Loofbourow then
whose conduct was alleged 10 have re-
suited i'll the tragedy. sat just behind
her husband weeping. and when the
sentence was passed upon Dewey she
showed renewed emotion The court
granted the defendant 80 days ajdi-
tional time. making total of 90 days,
taken together with the 30 days allowed
bv the law, to prepare and file the bill
of executions on appeal
Long Argument Heard.
Stanley Price, attorney for Dewey,
argued for a new trinl for nearly three
hours and half. One Of the princi
pal points he made outside of legal
technicalitics was that the jury was
preiudiced against the defendant. ow-
lug 10 tue III btNS'
papers of articles against crime and
,nurderers. He declared that the jury, |
with public sentiment, coul ID
not and did not give Dewey fair
trial. He declared that Dewey was the
victim of unfortunate circumstances.
Unfair Trial Alleged.
Helen Lees. nurse at st, Mark S !
hospital, was placed on the stand in an
effort TO bring out newly discovered |
evidence. il was contended by the de- |
fense that she, in conversation with !
her sister. who is the superintendent |
Of the hospital, had declared that Ser /
geant Johnston, prior to his death, had
said that Dewey did not intend TO shoot
him. She, however. could not remem-
Der having made such statement when
placed on the witness stand, and de
MED that she had ever said that her
admiration for the dead officer would
not permit her to say anything that
would hurt the case.
Attorney Price argued that the jury
had not taken into consideration the
testimony In the case. He declared
that the verdict proved that the de-
fense' s testimony had been ignored. He
presented innumerable authorities In
support Of his contentious.