Show FOR TWELVE YEARS At Hard Labor is Neal Mulloys Sentence CABNEY THE FORGER GUILTY Ho Will be Sentenced This IornIJlJ at 10 Oclock Setting of Law Cases Oilittr Business The following setting of law caSes was made yesterday THURSDAY MAnOR 15in H P McLane vs William Trotman et al FRIDAY MARCH IGTH Charles L Lowe vs TUB HERALD Company W Lauimersdorf vs Pacific Express Company MONDAY MARC 19TH Edward Austin vs Geo W Roberts i etal John Casey vs A M Trotmau et al John W Johnson vs J H Van Horn Joseph Oberudorfer vs Frederick Joslyn Alfred Lambourne vs Thomas Mul Joy et ale Mutilaa Openshaw vs Utah Nevada Ne-vada Railway Company TUESDAY MARCH 20TH Frank McLaughlin vs John J Daly t al Same vs same I I Same vs s ewe Tne Star Wagon Company vs Geol GEO-l Ihe Star Wagon Company vs Thos Jurber et al WEDNESDAY MARCH 21sT Mary StrinRam vs Millard Arneth Onus S Wilkes ys L D Kinney etal DO McLaughlin John L Street Same vs same THURSDAY MARCH 22d Francis R Andersons vs S C Ewing John Buckle et al vs South Ualeila dining Company F Ephriiim ys Union Pacific Rail Tdj Company FKIDAY MARCH 23o N P Thompson vs Henry George William Daniels vs Union Pacific lattway Cc MONDAY MARCH 26nr George 0 Staloy vs M R Murray Bridget Grant vs M Shaughnessy George T Halliday vs E C William ion TUESDAY M IBCH 27m Christopher Weaver vs James W Pitts I Jimes E Beveridge va Joho Doubt ct al alw w n if Bowers vs Edward Austin WEDNESDAY MARCH 28iu Jnmes Spillett vs Salt Lake County Polly Gmt am vs4 John H Walker I fnalt Lake City vs Ann Elmer I I TKTJRSDAY MARCH 20rn I William Perego vs ThQinas Smith et at John Casey VS Willard Snyder MONDAY APRIL 2o Emma Jorgensen vs Ole Jorgensen MULLOY GETS TWELVE YEARS Immediataly after the setting of the law cases Neal Mnlioy who was ro ently convicted of murder in the sec Mid degree came forward for eentemo and i i reply to the Courts inquiry as o whither he had anything to say Mr V Hill 1 arose and addressed the Court a > follows The defendant has nothing to say H submits to the law recognizing that he must atone to the law There are many circumstances connected with the case wnich authorise the observation observa-tion that Mulloy is not an abandoned character The jury found him guilty of murder in the second degree yet they recommended him to the mercy II i the Court Calling attention to some 0 the witnesses in the case it is evident evi-dent that the jury did not believe the evidence of some of those witnesses and did believe the statement of Mulloy in part at least This is evident from their verdict This man was placed in a truly unfortunate situation While a 1 his passions were aroused at that critical moment some one placed a deadly weapon in his hands Mulloy is now past 35 years of age and to inflict in-flict upon him the foil penalty allowed by law would be to send him but from a penitentiary at the close of life without with-out hope In my opinion some hope might properly be given him that at the end ot his term of imprisonment he might still retrieve something His cuaracer previous to the affair was good We ask that the verdict and recommendation rec-ommendation or the jury be given consideration con-sideration THE COURT The jury in their verdict recommended you to the mercy of The I Court Whether they understood the punishment which might he inflicted 1 do not know There were vary few estraordina cumstances connected with the murder It is true no doubt that Mulloy was somewhat under the nfluence of liquor at the time the fatal soot was fired but there does not appear to have been any provocation He may be a very excitable man but men must control their passions and are required to do so If they do allow tbeir passions to overcome their reason and judgment the law must make an example of them The object of this is not vengeance aad revenge but for the protection of society The guilty are punished in order that the innocent may live in peace and safety In the absence of the recommendation of the jury you would receive the full penalty allowed by law but I am disposed to give some weight to the recommendation recommenda-tion and the circumstances and fix the term of your imprisonment at twelve years with hard labor This may seem somewhat hard to you but punishment is always hard to bear The welfare of society demands the sentence I have imposed The case of GEORGE H CABNEY charged withforgery was taken up in the Third District Court yesterday J H Woodmansee was the first witness called Ho testified that he resided in this city and was acting as secretary of the Montreal Silver Mining Company in May last it was a stock company 0 B Springer owned at that time 20000 shares of the stock the defendant organized the company and was given the stock issued to Springer to deliver to him The witness here identified certificate No 31 a5 one of the certificates certifi-cates so issued At that time the endorsement en-dorsement of Springers name was not < c J ti1 i 1 t on the back of it the certificate certifi-cate was given to witness by Mr Arnold a month or two later and asked to have I it transferred had been notified to lookout look-out for that certificate and refused to transfer it the stock was worth about 5 cents a share when it was issued 0 P ARNoLD estified that he was acquainted with the tie sndnuf and in May last loaned him 100 on certificate in the Montreal Mining Company lor ten day oefore thee time had expirtd the defendant brought to him another certificate indorsed bv Ur Springer and borrowed 20 on HYsorue time later the witness met Dr Dart and in conversation con-versation the transaction with Carney came up and witness then took the certificate to Woodmansee and asked to have it transferred this resulted in discovering dis-covering that Springers signature was a forgery and had the defendant arrested ar-rested I I B A SPRINGER was called and testi fied that he owned 20000 shares in the Montreal Silver Mining Company in May last received 18000 shares from Carrier who stated that he had given Dr Dart 2000 shares in payment of a bill which witness owed to Dr Dart The witness was shown the certificate for 20000 shares and stated that he did not endorse it did not authorize the delivery of that stock to Mr Arnold at any time befoie it was delivered Court t ok recess until 2 p m Upon reassembling Dr Dart was called find tes itid that he subscribed to 20 OCO shares of stock in the Montreal Mining Company at the defe > dants solicitation on condition that a bill due him from Mr Springer be taken in part payment for the stock This closed the evidence for the prosecution prose-cution and defendant then vie it on the witness stand and elated that he organized or-ganized the Montreal Silver Mining Company in May liist and received orefifth of the Stock for his services while selecting subscriptions be met I Dr Dait and ask d him to subscribe I Dart ottered to take 20000 shares if 56 due him from Springer would be taken in part paymentfqr the stock this was agreed to and witness cave Springer 18000 shares and told him that he had paid the bill of Dr Dart and the other 20CO would belong to the company several bills of the company were due and having the 2OoO hares in his pocket he indorsed it and gave it to Arnold to rise money for the purpose pur-pose of meeting a company bill considered con-sidered that the stock belonged to the company and as he organized it thouGht he had a perfect right to make ho transaction afterwards told Springer that he had used the stock This was all the evide ce offered anr after being argued by S H Lewis foi the defense and by Mr Clark for the prosecution the case went to the jury on the Judges charge at 4 oclock and as they had not return d at 5 30 the court took recess until 730 at which hour the jury entered the courtroom and returned a verdict of guilty Sentence Sen-tence will be pronounced this morning at 10 oclgck OmEn BUSINESS The People vs Walton et al burglary bur-glary motion for separate trials for each defendant allowed The Peoule vs W L Robinson motion mo-tion for continuance granted United States vs William J Jenkins unlawful cohabitntiou defendant arraigned ar-raigned and plead not guilty The People vs Peter Stevens assault with intent to rape defendant arraigned ar-raigned and pleaded guilty to assault sentenced to two months mprison mont in the coutfTy jail nffd oasis The People ve George Huffaktr embezzlement em-bezzlement dismissed Tho People John Prance assault with intent tocommit rape demurrer withdruwn The People vs Hans Hanson sault trial in progress |