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Show 1'aii.y rr.Mi static .lornxAi,. WILL IE arc i vnniiu j to or court, iixx.iy from prisoner and his rom-s- GET A NEW TRIAL ex i.l..,,.- - u. ju.i. :lllli l. llul miykmiiku LAST NIGHT HOLD-U- P the n tikhuy. 022SX2BBB9 CSffl8BBZ matter whether tlu-imn-1,.r little, lf they receive any their verdict should le set aside ami a new trial awarded without hesitation. Knowing, us I ,iot thatu the defendant was couvieted on eireumstun-tla- l . J. Armstrong Turns ths Tables a Knight of the Are You Getting On Road. Handed Down in evidence, when nothing was adA Mr. Armstrong wan livid up oil the Case cf Peter mitted, and wherein tiu evident e was Twenty-fift- h street near Orchard aveoffered on behalf of the Mortensen. prisoner (ex- nue about V o'clock last evening. As cept some New Opinion EXECUTION WILL BE ILLEGAL According to Judge Marioneaux, Sayi Errors Hsvo Baan Who Committed. District Judge Thomas Marioneaux yesterday handed down an opinion in the etae supreme court In which he makes the emphatic declaration that U Peter Mortensen is executed on Friday, Noevmber 25th, he will go to an illegal death. Judge Marioneaux holds that Judge Morse erred when he refused to compel Royal B. Toung to take the stand In the second application for a new trial and testify as to the alleged misconduct of the jury when It visited the scene of the crime. Judge Marioneaux also affirms that If the facts set forth In the affidavits of Juror Alma H. Rock,Attomey Stewart and Mortensen, relative to the alleged misconduct of the jury, are true, a grave error has been committed by the supreme court In not granting a new trial. Judge Marioneaux believes that Mortensen has not had a fair trial, as he Interprets the state constitution. and gives his reasons therefor. He says in his opinion: "I dissent from the majority of the court in dismissing the defendants appeal from the judgment of the lower court I do so because It la clear to me beyond a reasonable controversy that he has not had such a trial as the constitution of Utah guarantees to every person accused of crime.' Then he reviews the crime as revealed by the evidence submitted, be reaches the point where Mr. Toung was appointed a special officer of the court to conduct the jury to the scene of the crime, and details what was alleged to have taken place there in the presence of Mr. Toung. Referring to the conduct of the latter, he says that he was guilty of the "most culpable violation of the order of the court and of the oath he took when about to conduct the jury to view the premises. Commenting upon the visit Judge Marioneaux says that the "jury did receive of Royal B. Toung, out of court, evidence other than that resulting from a view of the premun-un- tll ises. evidence tending to impeach the niotortnau, Alien), and believing that the evidence given by Royal H. Toung, who was a witness for the state on the trial, and who says he be lleved the defendant guilty, not only may have been, but unquestionably whs, prejudiced, I am eomindled to dissent from the order dismissing the appeal heroin. The proper order, in my judgment, is that the cases should be remanded with directions to set aside the order overruling the motion for a new trial and to permit counsel for defendant to examine the said Royal B. Toung touching the matters set forth In the affidavits, and thereupon grant or refuse the motion the facts require. This Year's ut Business JEWELRY ever displayed In Ogden. We are going to give you extra choice selections In Diamonds, Watches, Fine Jewelry, Cut Glass, Clocks, SilverFine Leather ware, Umbrellas, Goods, etc., and we are giving better prices than you can get elsewhere. Men,s $12.00 to $15.00 kinds, ... now Boys $3.90 to $5.00 kinds, th. harffed Wllh the dellever-v- i ',enllCt between the state In capital cases, TA P V J2 Boys $0.00 to $10 kinds, $5 00 $3.50 to $4.00 kinds, QA now . N and $8.00 to Large line of Mens rants Cut from 96.130, liest line of 50c Knee Pants that we have put on sale. DEEP CUTS in Ladies, Misses and Children's Coats and $7-6- 0 $5.00. Enables us to show you three times the styles we had last Xmas. Ve have amt materials for patterns all that is new in fancy work, and we give free lessons three times a week. We wish we had a telephone hitched to the ear of every man in town, eo that wo could coll thorn all horo to seo our Now Fall irs SO A SPECIAL will begin Next and continued for Five Weeks Only. Saturday There is absolutely no charge for the instruction. Let the children Inexpensive pieces for them. INDIAN BEAD WORK is the rage. We have looms, heads, instructions, everything. Surprisingly pretty things can he made. Bags and purses math of heads bring $5 to $50 at retail. Not hard to learn, either. That wo fool wo must have every man boo it. Ties are made in aomewhat larger shapes this season, and the rich and elegant now silks show off to advantage.. Dont pass this store when Tie hunting. Fred M. Nye Haberdasher. MILLINERY CLASS 1orthe beneiit of school children HANDSOME Clothier, SATURDAY I jj WRIGHTS. L oc DC V DC DO Our stock of seasonable goods will be J w SACRIFICED During the next week or so prior to our REMOVAL Into new premises. No In this stock. Everything the beat and latest in style, material and finish for fall and winter wear. hold-ove- rs BROWNING BROS. CO. OQDEN, UTAH Carry the Largest Line of Sporting Goods of Every Description of any House in the Country, and Sell at the Lowest Possible Prices. Send for Their Large 154 Page Catalog it is free. New York Racket Store The Place to Buy Bargains READ THE LIST OF LOW PRICES NOTIONS. Paper Pins Safety Pins, 1 Ironing Wax Lead Pencils Envelopes, all sizes, package School Dictionaries ...1c Scissors, all sixes 1c Hair Plus, 6 dozen roll 1c Crepe Paper, KITCHEN SUPPLIES. 1c 1c 1e do. Thimbles Roll Tape Needles, package Pearl Buttons, 2 doz TAlcom Powder, can Kid Curlers, package Curling Irons Tape Measures Photo Frames, each 1o Stove Hooks .5c Butcher 5o Nut Crackers Can Openers 2c e 5c 5e 4o 50 1c lOo 10c . 6o H Vk ash Bluing Tea Strainers Wlck" doz 1. Biscuit Cutterz'.'..,...,.'.,.'.'....!'.!;;2o So KltcI,en Spoons, set 3e Whips 5e Egg 24 ,heeta 8heIt PaIer '.4o 3c Cake Turners .. Tin Palls 4aon Knives i..5o 5c Chopping Galvanized Tea Kettles Knives fie Paring 1c Potato Mashera 5o Galvanized Dish Pans lOo Tin Cups Muffln Pana WOMENS & CHILDRENS CLOAKS. MEN8, WOMENS AND CHIDREN8 We show the latest styles In Cloaks, SHOES. and the prices are low, very low, comHendersons Little Red Schoolhouse pared with others high prices. for children are the best made. Shoes 1 CHILDREN'S CLOAKS Age to 6 yrs, sell at 94c, 91.00, 91.25, 92.00, etc. Every pair is warranted and will give A special line of Sample Coats at satisfaction. 91.50. AH the latest styles. LADIES SKIRTS We offer at 98c, WOMENS DRESS SHOES In all 91.25. 91.38, 91.75, 92.25 and 93.00. the best leathers, latest styles, with BLACK SATEEN UNDERSKIRTS or without extension soles. low At Prices, prices, 49c, 75c, 98c, 91.25, 91.38 and 21.98. 91.39, 91.50, 91.65, 91.S7, 92.25. 91-9- FUR : ....5c 5c 5e ....10c 83c 63c 10o At 91.50, They are worth more money, but this is a sample line and COLLARETTES 21.75, 92.25, 2.45. will be sold cheaper. Hpeclul price for one week on CORSETS. The 75c. line now sells at 48c; medium or short, and in white, drab or colors. LADIES' UNION SUITS; ribbed cotton, fleece lined; perfect fitting; 63c. CHILDRENS UNDERWEAR at low prices. Jackets. MENS' UNION-MADSHOES. We can show you the best line of 92.00 shoes in Ogden. Ylrl kid dress shoes at 21.98. Heavy buckle work, shoe at 98c. High top lace boots, union -- made, Henderson brund, 93.00. E CLARKS Washington Ave. ' Knitted Wear House MuuJicturtn of and VSalcnU hi Retail Dcatcra in l i Underwear MENS UNION-MAD- OVERALLS. cts. Women's Fine Wool hose at 25 eta Lace Curtains at 48 cts a pair. Brownie Overalls, at 25 eta Others at 75c, 98c, 91.48 and 21.99 Men's Rockford Sox, 5c, 7c, 8c and 9c. a pair. Wool Sox at 15c, 18c and 25c. Heavy Ladles All new fall patterns and will please Hosiery, heavy cotton, fleece-lineat 10 c ts. a pair. you. E .With or without bib, 50 d, of the State " Utah Knitting Works j 2? "niT JJ QQ , The Fancy Goods Department C. cfl. Beghtol Mens $6.50 to $10.00 kinds, facte th..inaWe d0ubt that lf ar true the defendant has wataied ? deprived of one of the most constiM. afeKUarda provlded by the on for criminal trials. Lt doubted that must fre- justice quemi. and that K the elf win la',tr8y 0ITie 0n t of contempt made a beginning. enlargement of our Subscribe for The State JournaL We want to make the largest yet In our history, and to do ao we are placing before the buying public the largest line of DEEP CUTS Childrens you're going to make anything for gilts it' time you PARISIAN PATTERN HOUSE 2404 Washington Ave., cor. 24th St. Buy Goods in Their Season Blety not VERY far off. About KVrn weeks. If fice. wide-brimm- ed from Larkins undertaking parlors at 3 p. m. under the auspices of the G. A. R. post of this city. Who his relatives are or where he came from has not yet been ascertained. L. J. Holther, who was appointed special administrator of Hodgsons estate yesterday, stated to a Journal reporter today that there were two applicants for the dead mans money. f, one Both are employed on the to he 9110 gave Hodgson claiming bring to town and deposit in the for bank and the other him, says he gave him 9160 for the same purpose. The result will probably be litigation. Its er The description given or the stranger Is that he was a large, tall man with BILLY WILSON COMPLIMENTED a heavy moustache. He had on a When the irrigation congress met soft hat and wore corduroy here last month William G. Wilson, with high-to- p shoes with the pants, proprietor of the Hermitage in Ogden canyon, entertained the Washington pants tucked Inside. Armstrong la said to reside with F. C. Parkinson correspondents in royal style. Tester-da- y at 733 Twenty-sixt- h street and works he was the recipient of an appreat the knitting factory. ciative letter from them. It reads a Mr. Armstrong was seen at the knitfollows: works by a Journal reporter and ting Washington, D. C., Oct 20. about the matter. His full questioned William G. Wilson, Proprietor of name is J. J. Armstong and he Is 23 the Hermitage. Ogden, Utah Dear of years The story as above age. Mr. Wilson: We shall never forget our ride up Ogden canyon and that fa- stated upon information received from mous game dinner at the Hermitage. police station Is correct.except that the The Washington correspondents who stranger was standing still Instead oT were on the western trip continue to xvallkng, and Mr. Armstrong had his on his gun, which was in his talk about the canyon, the Hermitage hand overcoat pocket. It was snowing quite and Billy Wilson. In thanking you for the splendid entertainment we all hard and there was no one around. hold-u- p occurred between 9:30 unite In saying It was the best. Tours The and 10 o'clock and was telephoned to very truly, the police station soon after 10. ARTHUR W: DUXN, The young man bears an excellent EDGAR C. SNYDER, reputation and does not look like a S. H. LINDSAY, man who would make such a stateJ. D. WHELPLY, ment just for the fun of it J. A. BRECKOXS. Committee. Subscribe for The State Journal Mr. Wilson has also received an into vitation the Gridiron club dinner on December 6th in Washington. Hodgson Funeral Tomorrow. Woodward H. Hodgson, the man who died ao suddenly In & Chinese restaurant on Saturday, will be burled Ready for Xmas? he was going up Twenty-fift- h street he k.iw a man coming and Instinctively thought that lie wui a dangerous character. When tlie two meu nut Armstrong, so he says, quietly pulled Ills Bttii and when the stranger ordered him to throw up his hands he did sn.i hut there was a in one of them. The stranger backed away and went down Twenty-fift- h street, while Armstrong went in the opiKisite direction. It was stated at police headquarters this morning that while Armstrong says he was held up at 9 o'clock nothing was heard of the matter at the police station until after 10, when it was telephoned to the of- After arguing his position at length, the judge concludes as follows: cut-ofNow, In the case at bar the application Is not made upon the ground, specifically, that an impartial jfiry had not been secured for the trial,, or that New Goods. Right Prices the defendant Is probably Innocent, but it Is made upon the ground, and Is established. In my judgement, beyond reasonable controversy (If the affidavits be taken as proving what If you are tired of renting let me Jeweler. 2463 Washington Ave. occurred) that the Jury received evi- sell you a house on monthly Installdence out of court and In the absence ments. HUNTER & KENNEDY. of the defendant and counsel, and to refuse to grant him a new trial under these circumstances Is to deny what the constiututlonal guarantees explicitly to every man accused of crime namely, that he shall be present whenever evidence Is given against him. This guarantee CLOTHING IS NEEDED FOR FALL AND WINTERS extends not only to the Innocent, but the guilty. in Utah has the right to Inflict capital punishment upon one a ho has been guilty of murder only after a trial in which every constitutional and statutory right has been enjoyed by the defendant, and he has hen been found guilty. If a single constitutional right has been denied him he cannot legally be executed. There Is no difference in principle between punishing him with death wlth-oa trial, and punishing him with death after a trial In which he has not enjoyed the rights given by the constitution and statutes to all per-n- s accused of crime. If one consti- utional right may be withheld, all be w ithheld, and if all . may be thheld, then lynching is justifiable enever it la proven that the victim was In fact deserving of death. haV n opnlon t express In re- -t snu. to the guilt or Innocence of the and tn the distribution of the er to this court upon prcsented ... C0nd appeal the question of Kut v innocence is clearly an Imperial consideration. An examination of the affidavits ab0Ve make" It clear, beyond a 8BS3ISSS2DO ll()t Dont Forget that this is a Bargain Store. We Haudle the Best Goods and Sell Them Lower than the Other Stores. We Cheerfully Refund Honey if You Are Not Satisfied. HOSIERY and KNIT GOODS PETES otNVESSON, PrttUent 2354 WuMngtan Avc. f. OGDEN, UTAH C. PXSKINSON 9Unag& NEW YORK RACKET STORE |