OCR Text |
Show LOGAN CITY UTAH, TUESDAY, JUNE 17, 1902. yOiu XXIII. MRTENSEN GUILTY first degree 'with . a recommeoda tion for life iraprisonment.IVoalty :!OREGON life imprisonment or death, in, the discretion of the conrt. No. 3 Guilty of murder in - the second degree. Penalty, imprisonment for at least teu yearspTand which may be forlife. No, 4Gnilty of voluntary manslaughter, penalty, itaprisoument for from one to ten years. HontaJ fcy No, 5. Not guilty. The Judge expounded thedawas to what constituted the various degrees of murder. The instructions JIAN HUNT.uf4ulutinuLTKTdr . Re. ia first fcjree With co commendaUsa to Mercy. Ver- - and the --The Deliberation VaiShort, Judge Obtained ..on First Ballot n- and Moriei Instructions Both PlaiNew Trial Will CosllrTrial-- A Fair be Asked. . . particularly-adapte- d to ths V0lrea- - SOLDIERS Professor MacEwan, wehave j ' met here to show our appreciation of you- r- services as a - professor in this institution. You have labored -- f.,i NO. 9 Five long aud wellrand have won the love and confidence of your students. As a teacher, you have been : firm and exacting, yet always kind Two ,1 Have Hu7.,ul rtieIU.ll-- J case were continued on Friday and concluded on Saturday morning, ' hen the ease was submitted to the jury. It'was 11:25 a. m. when that body retired , and three oclock itTeturned tothiT coart P m. when dariroom; but as the jurors were, ng this .period, absent for an hour have.lwJT8 case - aud its verdict, were as follows: ture success and happiness. Murder, is defined by the statute of this state, is the unlawful killAt ourparting, I ask in behalf malice with human a of of being ing your students iVthe Euglish aforethought. Such malice may, be Tracy and David Merrill, the no-- 1 department Jhat you accept this express or implied. It is express torious convicts who escaped from gitt as a token oFlhelove andre when there is manifested a deli-th- e week fPect we bear you. Oreou penitentiary 11 berate intention unlawfully to tak6 I l,ook ITofcsorNncEwan some after three ago, guards, killiag . . away the life of a fellow creatnre. gain sufficient control of It is implied when no . considerable j crossed the Columbia rivet ttQi7himself to respond, At length he into the, state of Wash- - j expressed, in a few words, hia provocation appears, or circumstances attending the killing ingtou. They are now more than gratification at such a genep show an abandoned op malignant gjxty miles away from the OrcgQu'j m s, expression of his stu- ' regard. - lHesaid his ev and are in the vieiu-jjle- D penitentiary, nt-cf of the r says in teaching was always, Every murder, s home m Clarke Merrill tty in no; perpetrated by poison, lying je couq niost please his were Washington. kind of They how he could best county, other or .wilful. j students, but wait, any 7 hunted and malicious serve blood hounds and a premed deliberate, taemrThe teachers work by the in is most itated killing:- arduous, uot always appr'e posse of 200 men, iuclnding three uot the m?st remnner-petrat- e perpetration of, or attempt to per- - companieg of raiiftia for - four ci?ted e, , , s ative. The successful teacher of- any arson,-rapburglary , or tne two ci5,s past aaj teu feels humiliated on seeing his or robbery, or perpetrated from a premeditated .design unlawfully tne fugitiyes have beu allowed to pupils in active life surpass him in and maliciously to effect the death travelunmolested, ' the organized positiou, emolnment and isiinflu-o- f any hnmen being other than hunt having ; been given up last 'ence, but this ought to be his high him who is killed; or pepetrated Friday night. This morning word reward. The consciousness that by an act grentely dangerous to the came, that two horses add a wagon Jhe has contributed to their success-ha- d beeu stolen from llandalls ,es, is bis chief satisfaction, but his livesofjjthers, and evincing a dehuman of praved mind, regardless tfarm near life, is murder in the first degree. miles south- - of this eityr and thutllbc esteera lliecon fideme While, however, the law requires :jt was believed Tracy . aud Merrill appm ialion vt those whom he, has tried to aid, to stronger thinking, 't that the killing in order tocousti- - took them. -ee -the tnte murder in About 4 oclock this 7 afternoon higher -- liviugand purer, nobler, must be perpetrated from a pre- Charles. Holtgrieve, a fai?ner living Iniore worthy being. This expres meditated design with a specific on the Columbia' river, about sixjsio'rfreiu his students was there intent to take ilife, still it does not miles from this city,- ro$e into fore very grntityiug. He assured require -- that such premeditated town and announced that he had! them that wherever lie should go, design shall exist in the mind of rowed Tracy and Merrill across the whatever other students he might the perpetrator for any fixed period Columbia river shortly after noon. be associated with, he should alof time before the doiug of the act They landed - on the Washington ways think with pleasure, and have the crime; if shore About five miles, above JVan- - in his heart n warm place, for bis s e there was 6ch design and deter- convcr and started for the moun - students in the Agricultural mination to kill deliberately formed tains north of there. Before reachof Utah. Miss Lydia Holmgren with a in the mind at any moment before ing the Columbia two slonghs had the fatal act was done. it is suffi- - to be crossed and the ""fugitives few well chosen words presented " --M rs cient. held nplT3nanat each"" crossing, t bebea n t i f 11 1 -- 1 ouquet s - The burden ob proof rests upon compelling him to secure - a boat MacEwan r- - who bad been invited the state to prove all the essential and set them across. They took up for the occasion, and who fitacts Constitutingthe offense charged the two men with them to tbe tingly andlfreely Tespouded for herto your satisfaction beyond a Holtgrieve ranch, where they self and her husband. reasonable doubt. The manner and found three others. They made - ' Notice of Special Election. cause of death, as alleged in the all five men get into the boat, information, is an essential ele- Tracy and - Merrill occupying the Motive is hereby -- given . that a ment of the barge against the de- stern with rifles in their' hands. special eleetiou is rniled to fendant; so, also, are the charges When the Washington shore was on Monday, the 14th day of July, statedln the information; First, reached they ordered their .boat- A. D. 1902, iu Logati Uity, Utah, that the killing occurred in Salt men to return immediately to the by tha qualified electors thereof, Lake county, state of- - Utah; sec- Oregon shore. to vote upon the question aud proond, that the tilling was unlawful; As soon ns the news reached position of bonding the said Logan thirdthat the killing was wilful; this thousDay and Ker- Uity in the snmof sixty-fiv- e fourth, that the kilting was feloni- rigan and Sheriff' C6ok of Clack- and ($05,000,00) dollars, for the ous; fifth, that the killing Was amas county set out for Vancouver purpose" of purchasing and de ii b era t ersixthTl h atrt h e ki in g J ightingzplant - and was with malice aforethought ou J. L. Marsh of Clarke county, system, with tbe necessary site, the part of the defendant; seventh, Washington, and about twenty water rights; appurtenances aud that the killing was premeditated men. The posse started north- - appliances, to be owned "and con by the dcfendauteiglitLjthat the trolled by the saidjnnnici pality of killing was the result of a specific tives before they can reach the Logan City. . intention on the part of tbe defen- mountains. Said bonds to be for such length dant to take life; aud nicth, that of time, at such rate of" interests, the life so intended to be taken aud in such form as may be here" Prof Honor MacEwan. Students was tbe life of a person named in after determined by ordinance. A genuine surprise was sprung the informationr It is not enough By order and resolution of , the that one or any part of these charge upon Professor MacEwan at the City Council of Logan City, Utah. be proven beyond a reasonable Agricultural college last WednesHattie Smith, doubt, but it is necessary in order to day afternoon. After he had conCity Recorder. guilty- - otiaur-de- r ducted his classes for the last time, justify Health Notice. in the first degree, that each and gone to his office, one of aud every one ot the allegations of the juniors called upon him and Not;ce is hereby given that the the information - here enumerated asked him to go over to the col- most, vogorous measures will be be proven to the satisfaction of the lege and help settle some arrange- adopted against any and all - pert. ments for commencement week. sons who know of and fail to reentire jnry and beyond a , When he reached his class room, port the existence of contagions .. whiehthestndent said they had diseases in their families, thereby one of themost expensive ever taken the liberty of uslng for their wilfully"disregarding anddefying conducted in the State. meeting, be found all his classes the city health ordinances and ' The total expense will approxi- assembled and the desk covered endangering the public. The active mate $10,000ItcostJ210G8f30for with roses and carnations, and of all citizens is rethat twiee and flowers. other In perhaps talesmen, quested ussistingi the 'Board to much for, witnesses, many of whom I Before Professor MacEwan could stamp out such diseases, by reportdrew mileage and per diem from grasp the situation, Roy Homer of ing suspicions cases that may come j tbe juuior class came forward, and, under their observation. , j calling attention to the beautiful By order of City Board of X . Brantwood edition of the works Health. '(Cojittttieion 5 th 07.) half at dinner, their deliberations occupied but two hours, and probably less than that, since upon the first ballot they reached a verdict, aad that verdict was: . . We, the jurors .in the above entitled action find the defendant guilty of murder in the first degree, aseharged in the information. By request of the defease the jury was polled, and each" juror as .his same was called announced that as lis verdict 7 JThe attorney -- for. the State .and and a those representing 'thedefenant; every argument , possible to be deduced trom the evidence " in favor of their respective r6idcs of tb? case, . Every material point in that evidence to ireaders of The Journal, also ' the first of thd arguments used- - in sumtnkig up. To repeat . them voahkhe useless reiteration. In coneliing bis remarks for the said : Staternttorney-Eiehno- r Somethings may have been fortaed has-beenpres- gotten. Aud in euted concluding my argument I LjfrilTpresont the links in the-ch- ain r reasons . that show Mortensen guilty of the murder of James R. Hay. HrJEic hr or then read a summary of the evidence taking up each fact devekv2d 'in- - regular order, and showin g how each circumstance pointed to the fact that Peter Mortensen was guilty, and that no other person tfould be conceived to have a motive for the crime. The reasons;, presented formed a careful and complete analysis .of the evidence, at id made clear the Mty-fcm- - Peter -- connection of every-lin- k m circuma tanees: "Afteratating-a- - ILthe links chain the District - Attorney -- the chain-)- f -- in-t- he con- cluded: t he jury, this is rei ilize that, bat every man is - resptj hsible for " his own acts to society; it matters not how serious the cons. ?quences may he, the man who trai isgresses the law and is proven gni Ity beyond a reasonable doubt must pay, the penalty for his acts, wl len the, fact of his guilt is establish d by witnesses in the courts of justice.Gen-tlemeu- , you cannot acquit thef defendant ou account of - any - sympathy you may feci for ihim, for you have sworn that you will not be influenced by that. .Lake the evidence presented, consider' it carefully, and I have no fear of the a Gentlemen of seiiousyase, 1 consequences Yhe charge of TmleMoMiv7to the jury was eminently fair. It jvas listened Jo with the closest atand no exception was Eoted by the attorneys for The dc.' tense. Five forms of verdict were Presented to the jnry, as follows: o. l Guilty of murder in ' the ret degree. Penalty, death by hanging or shooting. o. -""Guilty of murder-i- n the. tention, when-thejand-- inPhinppInes.H!ZL-- : v shown a deep interest in our wel- - Captured and Boloed by Natives Twenty-liv- e Been Insureenti of Lukbani Band Take fare. We greatly regret that-tb- is VarMngton Oath of Allegiance to U S. Peace Being is thellast yearlweareto bo together Them Across Hut we assure yon, that upon your . Established Elsewhere. retirement from tais college, you i ' have our best wishes for your fu. The argnmentsjnjthe Mortensea the U.S. Cavalry Troopey of .Killed BOLOED. went J ! j . -- : ad ! ( -- j first-degr- - J whicL-eonstifcnte- 1 Col-leg- - be-jie- ld cityj-Detecti- ves install-Itigiuieleclr- ic 11 . . . reasou-abledonb- -- . on i June 15. Friendly Manila, natives inMauihr say current among their countrymen" that five soldiers of theSixth" cavalry who were captured by the insurgents, May 3Utb, have been boloed to death near Teresa,- - in This Morong province, Luzon, report has not, been. confirmed by-tAmerican authorities of that be district. Twenty- - five members of. a band of insurgents, who were captured while fighting with Gen. Lukban in Samar took the oath of allegi- ance to tbe United States aud were released. Four subsequently members of the band were killed in the engagement which resulted iu the capture ot their companions. who have sworn The twenty-fiv- e seen Gen. Chaffee have allegiance to and have promised give him all in their power in the the assistance work of maintaining conditiona in Samar. r . A committee has been sent to Samar to&ppoint Seuor Lorentes governor of the island and to estab lisli civil government there. It is a that geueral amnesty expected will be declared July 1st. - This amnesty will result iu the release on of the Filipino prisoners uow u the island of Guam. , The prospecis in the island of Leyte tor a speedy termination of. the armed resiataucethrre are" bright. Sinep the ports of the island were closed surrenders of insurgents to the native the-present-- J peace Noise:. Notice is hereby .given that the Board of County Commissioners of Cache Cor tyt Utah, sitting as a Board of Evnalization, proposes to reduce the valuation of .the real estate hereinafter described ten per cent., and that all persons interested in said matter may appear before said board on the 18th day of. June A. D. 1902. between the hours of 10 a. inland 5 p. ra. of said day to show - cause why said rednetion should not be made, The said real estate is described as follows,-real estate All City lots and within Plats A. B. C. D. E. and F. of LoganCity survey, Niels , to-w- it:1 - Mik-kelse- ns entry PlatC.LoganJsland-surve- y, N M. Hansens subdivision and all residence property in Blocks 1G, 22, 23, 37, 38, 39 and 40. ' Plat A. or E. Logau farm survey all in Cache County State of Utah. . . . A. L. Farrell, County Auditor. Dated Logan Utah. June 131902 . Notice. Notice is hereby given that by. and with the consent of the county commissioners of Cache county, Utah, Smithfleld Creek has been selected and reserved for the pur-po- se of planting breeding-am- i: fish all persons aud propagating are prohibited from fishing in said Smithfleld Creek from June 20th 1902 to and including -- June- 21st, 1904, -State N . John Sharp, Fish ind Game Warden A. J. Merrill, Connty Fish and Game Warden. |