| Show THROUGH AN ALLEGED ERROR I Calton Will N tbe Shot on the 26th Inst Special to THE HERALD BEAVER November 9Andrew Cal tpn will not be shot on November 26th 1887 A telegram was received today from Presley Denny Esq by John Ward Christian associate counsel appointed ap-pointed by Judge Boreman in the case of Calton for the killing of Mike Oul len last July whose case was tried at the September term requesting Christian Chris-tian to make out and have fi ed a notice no-tice of appeal to the Supreme Court of the Territory The notice of appeal was made and a copy served on Chief Justice Jus-tice Zane appealing from the judgmer t and verdict in the case On an examination ex-amination of the papers on file in the case Mr Christian found the following fol-lowing strange order of the Court as to the execution of Calton on the 26tb The following is a verbatim copy of the order In the District Court oj the Second Judi ci It Disl ict Territory of Utah Jaunty of t Beaver September 29th of the September Sep-tember Term A D 18 7 Present the honorable Jacob S Bore man Junge The People of the Territory Terri-tory of Utah plaintiff vs Andrew Cal ton defendant convicted of murder After mentioning 0 W Zane as attorney at-torney for the people and Coune Denny and Christian for the defendant being duly informed of the nature of the indictment charging Calton with having killed Cullen on the 14th of July 1887 arraigned plead not guilty after the trial the jury verdict guilty ab charged i and when asked to select whether he would prefer to be shot or hanged he elected to be shot the Court thereupon renders its judgment That whereas the said Andrew Calton has been duly convicted in the court of the crime of murder in the first deg ee it is therefore ordered adjudged and decreed that the said Andrew Calton be taken hence by the United States Marshal to a place of confinement within this ferrItory that he there be safely kept in confinement until the 26th of November A D 18S7 that between the hours of 10 o clock in the forenoon and 4 oclock in the afternoon after-noon of that day he be taken and iu this judicial district publicly shot till he is dead There is no signature of the Judge to that above as it appears in the court files The statutes of 1878 say that he shall be privately shot section 356 reading as follows SEC 366 A judgment of death must be executed within the walls or yard of a jailor jail-or some convenient privateplace in the district dis-trict The proper officer must be presen with such assistants as he may need at the execution and must invite the presence oi a physician and the Prosecuting Attorney and he hall at the request of the defendant defend-ant permit such ministers of the gospel not exceeding two as th defendant may name aud any person relatives or friends not to exceed five to be present at the execution exe-cution together wlh such peace officers us be my think expedient to witness thee the-e I But no other pen us than those moil ioued in this section can be present at the execution nor can any person underage under-age be permitted to witness the same How can Dyer get him here by 10 am Messrs Denny and Christian made a good point alton is being kept in the Peniteutiary till the 26th and then is to be brought 253 miles before be-fore 10 am and shot requiring a special train of the Utah Central to bring him here to the execution |
