The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1924-01-16
MURDERER SECURES
STAY OF EXECUTION
FILING OF APPEAL TO SUPREME
COURE HALTS PLANS FOR
BANNERS EXECUTION

The legal execution, by hanging, OF
Seth Orrin banner. part Cherokee
Indian, VINO was tried before a jury
in district court last October and
found guilty of the murder of Mrs.
Florence Sprouse, Nov. Il. 1920, and
who was to have been hanged last
Friday morning, Jan. Il, was post
pOned through the last minute &C
ton of Justin NJ. Smith, the attorney,
appointed by the court to defend the
accused man, in filing with the dis
trict court last Thursday at $50
o'clock a notice of appeal to the su-
preme court.
As soon as the papers were filed
with Clerk Of the Court w. l.. HAYS,
that official notified Sheriff Jim
Smith who Immediately stopped final
preparations for the hanging, al
though the apparatus for the eXecu-
ton had been improved and strength
| ened and an additional platform, with
metal railing, built on each side OF
the death trap. A new ring hsu
been inserted in the ceiling and holes
had been drilled in the concrete floor
and through a thick side wall to &C
commodate the small ropes which
were TO have been used by officials
hidden in other rooms to spring the
trap.
Banner had been informed of the
intentions of his attorney to file the
appeal late last Wednesday night,
and he was the only person Other
than the attorney, who knew just
when the appeal was to be fled. The
condemned mar made no comment
except to say "a lot Of people around
here are going TO be disappointed,
for theIeW be no stretchin party Fri
day" He also said to one of his
watches that "My Faith and Hope are
proof that they won't hang an limo
cent man"
1t has since been learned by jail
officials that his attorney had as
!; sured Danner a long time ago that
he intended to get a stOy of execu-
ton through a last minute appeal to
the supreme court, and that he mad
explained to him the state law under
which he intended to file the pap
ers.
The fact that Danner knew al
7 along that he was not to hang or
Jan. Il, and that despite that knOwl-
edge he kept it to himself and per
mitted his we'll wishing visitors tc
believe he was to get stretched
as he calls the execution, has haC
the effect of losing him a lot OF
sympathy and the friendship Of I
= large number Of conscientious people
! who were willing TO help him anC
who might otherwise permitted them
selves to sign petitions to the cover
nor for a communication Of the dealt
penalty to one of life Imprisonment
I'VE have known all along tina
r Danner has been trying to kid hi
well-meaning visitors" said one o
the jail officials, especially thos,
n people who are intensely religion
and who have been coming to tn
jail in small punches to pray wit
e him, sing with him and preach t
s him for the salvation of his soul
S During the visits of these good PEG
/ pie he acted his part well and le
It them to believe that he vas an In
b nocent man and that the state wa
doing a wrong thing in hanging hin
a He would say: Good bye, sister
and Good bye, brother, l will sc
" you in Heaven for they are going t
,e stretch my neck on the eleventh.
e Gas soon, however, as the visitor
left the cell room, and in fact be
re fore they had left the building, Oar
a ner would break out in ~uproariou
at laughter and appeared to get a ger
uine kick out of what he considere