Show I 1 I I I I I. I THORNE AND RILEY MUST PAY PENALTY F Formers Former s 's s Conviction Sustained Yesterday Y by J Judgment of Supreme Court Courtl PARDON ONLY H HOPE PE LEFT EF T Rileys Riley's s Execution Held Back b by Y Stay toy toy-He He Now Shares Fate of Brother Felon H ARMY AltHY and Thomas IIley e both hoth convicted of or murder In the first tle degree decree reo for tor the tho killing of ot Georgo Geor o W Fassell a man must pay tho time death penalty for their crime crimo unless the state board of or pardons should see ee fit It to extend clemency Yesterday morning the state slate supreme court denied a n petition for Cor a rehearing on appeal of ot time the Riley case This Tills ex exhausted exhausted ex ex- hausted tho the last legal proceeding that can con be taken In an effort cHort to save Thorne from tho the executioner All AU measures had been exhausted in tho the ca case CI of Riley an and his execution has haR only been stayed CI by the fact tact that case cuse was still pending before beforetime the time tribunal of oC last Ian ast resort Rile Riley being a n material witness for tor Thorne The action of or the supreme court also dissolves dissolves dis dis- solves tho time stay Ua of ot execution In the case Tho remittitur from the supreme to tho time lower er court In the tho Thorne case was sent down to the county count clerk yesterday yesterday yester yester- day afternoon b by the clerk clerIc of ot the supreme su supreme su- su preme court The remittitur In the Kiley Hiley case dissolving the stay sta of ot execution execution exe exe- cution will twill be sent down today Both men were convicted before Judge T. T D. D Lewis As soon as t he re returns returns returns re- re turns from his vacation the men will I probably be called Into court and ro- ro sentenced to death It Is not Improbable improbable able oble that they thc will bo be sentenced to die dieon dieon on the same date both having elected to bo be shot This lies In tho the discretion of or the court the must pay The Tho crime for tor which they the death penalty was committed on the night Of oC March Starch 21 24 1910 when Theme Thane and an Riley walked Into s South grocery store on East Last Fourth street ct and ond attempted to hold up the tho store Massell was Ivas ordered to put up his hands hand and walk to tho the back of oC the store Ho lie did not walk rapidly enough ugh to suit the holdups and one of ot them thorn shot him Tho The other broke broke- open the till and aud secured some money but the holdups were wre forced to flee Clee The Tho Th police po police po po- lice arrived l before Fa Fassell sell died but he h h expired without t rc regaining con conscious conscious- clous- clous ness That night nisIn Juicy and nd were caught b by a detective In their thel- room their revolver still fresh tresh with the odor of or powder Thorne and Riley were trie tried in district district district dis dis- court and convicted tl of oC murder In the first degree Both appealed to toI the tho supreme court November 26 6 1910 and May lay 20 9 1911 time tile supreme court handed down n an opinion affirming judgment In the case of oC nile Riley and re reversing to- to Judgment in the time caso case of oC Thorne remanding this case caso for tor re re re- trial At the second trial before the district district dis dis- court Thorne was found guilty and a again appealed 1 to tho the supreme court January 30 30 1312 1912 June Juno 18 18 Hit 1012 the supreme court nUI affirmed mcd judgment in the case caso of Thorne July luly 9 a petition for tor rehearing was pled filed an and yesterday this was denied It Is la understood that petitions fo for tor clemency h In both cases will bo be filed tiled with the state board of ot pardons I |