Weekly journal-miner., 1918-07-31
STEPHENS WEEPS AS SENTENCE
 IS IMPOSED
YOUTHFUL MURDERER IS CONSCIENCE STRICKEN AS JUDGE PRONOUNCES HIS DOOM; SLIGHT PROF. ABILITY OF A STAY.
(FIom Fridays Daily.)

cned to Judge Sweeney pronounce the fatcful words which doomed him
 to life term in the Florence pcni-
 tentiary. Before passing sentence upon the youth who last week was convicted of first-dcgrec murder for
 killing Robert Miller here in April,
 Judge Sweeney had overruled the motions which had been made by the
 defendants attorneys looking to a new trial or an arrest of judgment,
 and during the afternoon session,
 knocked out the last prop upon which
 Stephens had pinned his hopes of
 keeping out of the pcnitcntiary by refusing to issue the writ of proba-
 ble cause which Attorneys O'Sulli-
 van and Morgan had sought with view of staving off the issuance of the commitment which will necessi- tate Stephens removal to Florence. Only one small chance of the young
 mans being able to stay out of the
 State prison is said to remain. The defendants attorneys will appeal to the Supreme court for the writ of probable cause, denied by Judge Sweeney, and if the higher court sees
 fit to grant this. Stephens will be al- lowed to remain in the Yavapai
 county jail until such time as the Supreme court has had time to review
 his case While there is slight possibility that the issuance of such a
 writ by the Supreme bench might
 carry with 1t an order admitting the
 lad to bail. it is said that never be-
 fore in this State has such a prece- dent been set and it is exceedingly
 doubtful whether in any event the boy will ever again succeed in gain ing his freedom.
 When the morning session of court
 opened at ten o'clock the court room was filled. number of women being among the spectators. Bud. accom- panied by his father and mother, was
 seated inside the railing. all three of them weeping Attorney OSullivan made the opening remarks. in which he voiced formal motion for a new trial, setting out number Of reasons, most of them being technical ones, why the trial of last week had been accompanied with error. O'Sullivan told the court that the names of two of the prospective jurymen, both of whom happened to be material wit necces in the case, had been thrown out as soon as they had been drawn, and noted his objections to a pro cedure of this sort. He also stated that one of the jurors, c. E. Lady, had been qualified over the strenuous objections of the defense after Lady had told the examining attorneys that he had fixed and unqualified opinion as to the guilt or innocence of the defendant.
 County Attorney Haworth made a 1 short address in which he insisted that if any irregularities had crept into the matter of selecting the jury they had been in no manner prejudi- i cial to the defendant. Judge Sweeney then ovcrruled the motion for the new trial.
 O'Sullivan then entered a motion for an arrest of judgment and this too, was overruled by the court and the defendant was directed to stand up at the bar and receive his sentence. |
 As the boy moved forward to the .l, I,I h. 4l, bailiff, his weeping increased to a | point where it seemed as though he . would collapse under his load of grief. . His parents were also crying and otherwise giving vent to expressions of their anguish.
 and furthermore that you be punished by being confined in the State prison for the term of your natural life" read Judge Sweeney and at this point the youth full defendant gave more evidence of breaking down. The court bailiff and the boys father rushed to his side and supported him.
 "Oh, my God, oh, my God, that SnOulu TcCclNt SuCn treatment as d re- ward for protecting my poor old mother" sobbed the youth. "Oh, my poor old mother I was trying to protect her. I love her so much"
 The boy clung weeping to his father, and so loud became his mani iestation of grief, that Judge Sweeney 1 hastily remanded the youth to the custody of the sheriff and adjourned court The boy and his parents then went with the deputy sheriffs to the third floor of the building where the former was locked up in his cell | again.
 The court did not take up the con ( sideration of the application of the ( defense for a writ of probable cause i lntil the afternoon session. At this time Attorney Morgan addressed ( Judge Sweeney and stated that inas- f much as 1t seemed-at that particular f ime-as though the young defendant ( stood an excellent chance of spend ( ng the remainder of his life behind " la ,r,eA, Hare ,t Lo h..