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Show iiiinJEWRGE Clyde Felt Will Be Arraigned Before Diehl Today. SECOND DEGREE HOMICIDE Two Uoya Hivo Been Convicted De-loro De-loro In tho Utah Courts of Taking Human Life One Was Pardoned hy Preoldent JtcKlnlej Young Felt Affected by Gloomy Weather and a Realization of His Position Somo rurthor Details Added to His Confession. The case of Samuel Collins Is about to enter on It. legal phase County Attorney Chrlstensen ha. prcpured a complaint In tho regular form, charging charg-ing CI) do l'elt with mutder in the second sec-ond degree, and Judge W. II. King has been letalned na counsel for tho )oung prisoner. He I. to bo arraigned before Judge Dlehl this nfteinoon. COMPLAINING WITNESS WANTED An obstacle that mav delay the tiling of the complilnt Is tho dlllleulty of finding an) ono who villi appeal na complaining wllnc. 'the tovelatlons us to the churaitcr of Collins hnvo filled tho community with hotror. und the ofllcers, who undtr oidlniry circumstances cir-cumstances would be perfectly willing to take oath thut a crime had been commuted, hesitate to swear that tho Killing of Collins was a great irlma such as mutder. VIEWS 01' THE DEED. It Is pointed out that the killing of the old man by one of the gionn relative, rela-tive, of the boy a. 11 punishment for Colllns's hideous crimes would have been so nearl) a Justifiable homicide that there would have been no possibility possi-bility of securing a conviction on any criminal charge. Some aro Inclined to take a less charitable view of the bo) s lase, because. It is alleged, he did not comprehend the enormity of Colllns's offense and was not prompted by the cxcusablo Impulse that would have Inspired In-spired an older person. Judi,e W, ll. King has been retained by D P. Pelt, tho father of tho boy. to conduct tho Uefcnso when tho child Is arraigned. SHUU1LIF1'' CAhE. While tho case is, to far uj known, without a parallel In legal hlstor), thire aro two cases of record In Ltah whero bo), have becen tried nnd convicted con-victed ot homlcldo In Utah The most recent ll that of Frank bhurllltf. 15 )ears old, who killed Mrs Wilson while llring a revolver promiscuously on his way home from Sandy. He was piose-cuted piose-cuted by DIstilct Attorney Elchnor, convicted of voluntary mnnsliughter, and Is ut liberty under suspended sentence. sen-tence. HARKY HAMMOND CASE Tho other laso was tried before Judgo Bartch In ISO). Harry Ham mond, a fourten)ear old boy, whlla returning to his homo In Farmer.' ward from a hunting trip on tho Jordan, Jor-dan, pointed his shotgun ut live-) cur-old cur-old CI) do Robertson und killed him. Ho wns defended by C. O. Wlilttenioic, now United States District Attorne). The defenso was that he did not know tho gun was loaded. Tno charge was murder In tho first degree, nnd tho Jury convicted him of inurdor In tho second degree. Judgo Bartch sentenced him to fifteen )cars In the boy'u reformatory reforma-tory at Washlngtoi, D. C. Ho served four je.il a and was pardoned by tho lato President McKlnley on tho recommendation recom-mendation of tho warden of tho school because of his excmplaty conduct. Ho relumed to Utah, remained for a short time and then enlisted In the United fatates nav). When Mr. Whlttemoro list heard from him ho was very highly high-ly spoken of by his superior ofllcers. BELIEVES IT MANSLAUGHTER. Mr. W hlttemore remarked last night when asked for his opinion on the Felt ens, that from the facts as given in the newspapers ho would suy nothing moro than manslaughter could be mado out against CI) do 'Tho elements ele-ments of murder, dcllbciatlon nnd premeditation, pre-meditation, are wanting," ho said. "Ihe boy was Induced to perform tho ait by one who had a very strong In fluenci over him. In my opinion the Jury should bo Instructed to tukn this Influence Into consideration. I am absolutely sure that I would glvo It u great deal of weight If I wero called upon to decide tho degree of the boy's guilt. The penalty for manslaughter Is from one to ten ) ears' Imprisonment. "Technically, perhaps, young Felt could be held for murder In tho second degree, but In my opinion the case Is devoid of the elements that go to constitute con-stitute murder." IH OLD ENOUGH. 'The law Is," said District Attorney Irhnoi, "that between tho age. of 7 und II )cars tho mental inpaclty to understand the nuture of a crime must be shown to nu.tnln a conviction Above 11 thn law presumes that tho offender has tho capacity to commit a crime unless some evidence is offered to show that the capacity Is lacking." BOY IS LIABLE. Judge O W. Power, holds that a boy is liable to be charged und convicted nf murder in uny decjee, the same as u grown person 'This ease," ho su)S, seems to hive been a willful, deliberate, deliber-ate, premeditated killing, done undei rhcumstnnics In which tho law would Imply malice, Slallco I. of two kinds, expiess und Implied, Expiess malice must show dellbeiato Intention of unlawfully un-lawfully taking human llfo Implied nuillco Is whero no eonilderahlo provocation provo-cation appeals or wheio tho clicuni-stnntes clicuni-stnntes attending tho killing .how a malignant nnd uhandoncd heart " SAME AS GROWN PERSON. Judge Dkkson sa)s "A boy Ii )cna old cluiged with murder Is tho oamo nu ii grown person In tho C)oa of tho law. If found guilty of munslaughtoi ho would go to the reform school Instead In-stead of tho penitentiary In view ot Clyde Felts ago I do not believe that he ought to be convicted of imudci." ARRAIGNMENT TODAY Clyde will bo nrritlcnod before Julgo Dlehl nt S oilock thin afternoon on tho charge nf murder in the won I degree The dalo of lis piellmln.iry heailnc will ho llxed forthwith, nnd It la in-gilded in-gilded ns probable that his Httorne) will put up a stiong dateline ut thn heailng, as theie seems ie nothing lo bo gained b) delay a ho) is very anxious to leave hi .carters In tho county Jail BOY DON'T I'EKL WELL Yesterday ho seemed more unxlous and uneasy than ut any lime since hi an est Ho s'cinu to nail to more und moro the seilous nature of what he did in Hells hollow Tho gloom) weather outride hud u I art In putting him In this penitent frame of mind His eyelids eye-lids wero led with weeping and ho complained to the attend, nt .it the Jail that ho did not feel well, VMUliD BY FATHER. Twice duilng this day D P. Felt called upon his unhappy little ton Tho second time he cumo he brought a now suit to replaco the worn garments i In which the boy wn. arrested Ctde was not so dcprc.se 1 ai to be past the apprei latlon of his i ppcaraiuc and he showed consldeinblc pleasuic In getting get-ting into the new clothing WORRIED 111 &TRANGKRS He does not relish the uttcntlon he nttrnit. fiorn stiangers, end told hi. tatlicr Indlgnititl) of two persons who stood and lookid In nt him through the grating ' I got buk here he iMild. Illustintlng his position, so the) eould not see me ikI'V """"re ver) considerate of the bo) . feeling, and do not knowing the sat sfncllon of their Idle curloslt) The) also refused lo admit u number i,i.".".mnllI",.1.,nn"" wno cM"A o "oe him without tho onent of his father hi. UL ,. no rY"!m " eompliiln of Un Sff. ,:,cr- '""' dnint) that tho Jail kitchen affords is placed before Mm to tempt his ui petite, which, b? Ih" wj. need, little temptation lie cat. u ever) healthy boy can eit and take Mcr't,llnf from roast beef to .o'm!,hJ? .f.""T !," 1,lBht hc explained some of the furthn detail, of the dls. lo.tion f foiiu,.. ,,,, ,V ,'h' hL1"... Ie '' l"ofe..e. Ignorance of Vi,nU fher"klllf? f0"n'1 " ,h0 'edsc m.? , c'"ei l,ut explnlni the find .? En.1'10 fx-ketbook on the .Ida ot mo hill jinnuw pocKirrnooic away. 'As I unic up tho nath 1iiitiav morning I found 'the purJo 1, the pa, It about wheie the old man haduti. dressed I picked It up to see f 1, wn. h?H,h F'P'l". I"" "hc" I found It had a hole In It 1 threw it awii) without with-out nothing parllrulnily where It did ?-Jttt 1e!l",,k ' lh,, 't ""! Thin t?olt.?.fr "' ont and laid it on a rock while I jlnlshed building the wall I had It built preilv near to the top when I thought I heard some one com Ing and hid down back of the rock a minute or two Then I came out and ran down out of tho hollow. ... ..'. n ' .".n ." V"10 nf ,hc "hoe-got "hoe-got up on the ledge for I nm sure that 1 set them both together by a little stump In front of the big rock that bai. the entrance to the cave. I did not think about hiding them. DON T KNOW AI10UT KNIFE. "Honest, pa, I don t know anything about how the knife got there unles. tho old man brought It up before Ho might hive hod It In his bundle because be-cause I did not see tho bundle when ho opened It. STILL THINKS HIM HONFST. ? " AVo,rVn"rilvAh0 oW wtlemnn who gavo Collins 500 shares of stock worth between 50 nnd IICO. still hns confidence In the honesty of hi, friend There la little doubt tint Collins got the mono) nnd either spent it or kept It. Tho disposition of tho money I. somewhat of a m)stery, a. Collins left rev era small bills when ho went Into the hills to his. dcitli It I. believed that ho may hnio gummed tho money uwa, us ho wu nddlcted to that vice, nnd when under the Influence of hi. fa. vorlte drug would talk ot winning und losing money on cards CI) do l'elt su)s he does not remember remem-ber seeing the old man In pos,esslon of any considerable sum nt any time. |