Show THREE LONG YEARS Diamond Sentenced by Judge Zone Yesterday THE CASE TO BE APPEALED Sympathy Is l Eight Says the Jude but Society Must be Protected at All Cost William Diamond the slayer of Edward Scott who was recently convicted in the Third district court of manslaughter appeared ap-peared before Judge Zano for sentence yesterday yes-terday morning The little court room on the top floor of the Wasatch building was filled with spectators when the defendant was brought in Diamond looked pale and careworn and he showed signs of nervousness nervous-ness as ho took his seat by Judge Powers and while the latter was speaking the tears came to the defendants eyes and he shook with emotion Judge Powers said that before sentence was passed he wished to make a fevv remarks His honor he said being quite familiar with all the circumstances circum-stances of the case it was unnecessary for him to recall any of them now He was told however by the defendants brother who waa present and he had also been informed by Judge MoGahn Diamonds uncle whose statements he had every reason to believe that this i young man ever since he first left home had been very kind to his aged parents and that he had regularly sont them all the money he earned over and above his own actual expenses I wasm this fact which induced the family to send his brother and his uncle here to lopk after afer him in his trouble The old father had stated that this boy had buen so kind to them that he felt he should not be left alone at such a time This scorned to indicate at any rate that the defendant was not a man of criminal heart Mor than that hens he-ns his attorney could truthfully say that throughout tne whole trial from his first acquaintance with him Diamond had borne himself in a manly way without the dis S play of any lingari achmg bravado He had also expressed himself extremely sorry for what he had done Powers said be had bo engreatly touched byDiamonds bearing and sympatized with him as he seldom sympatized with anther under such circumstances cir-cumstances Hisfamily stood well and so had the defendant himself up to the time of this unfortunate occurrence Ho was a member of the Catholic church and his honor probslily recollected the tes stimony oft his former priets at New Lexington Asked with regard to Dia nionds character he said it could not be better I that none knew him but to love him That seemed to have been his record all the way through Powers thought this was a case therefore in which the court might well extend mercy He felt deeply for the defendants poor old father and I I mother I i had a letter from the > formor addressed ttf the son directly after tlie tragedy tra-gedy and itwas such a communication as to bring teats to almost any mans eyes It I I was evidentthat Diamond was not a naturally natu-rally bud man Judge Powers reminded his honor of the jurys recommendation the defendant to mercy He was not present he said when the motion for a new trial was overruled in this cas but he understood under-stood that an exception was entered Judge 2ane replied that such was the case and asjked Judge Powers if he had anything further to say Judge Powers believe that is all Judge Zane then turned to Diamond and mid Have you anything further to say before sentence is pronounced 1 The Defendant have DefendantI not but I am as innocent asan unborn child of willfully killing him Judge Zanfi The circumstances of this homicide wore very aggravated indeed There were opportunities for deliberation oPlortunities after you substantially attacked that man without any cause Your conduct was extremely bad on that occasion You had a fight with your fellowworkman you went out and returned and the evidence slows clearly I that you still continued the quarrel with him after explanations were lliade Your employer bad directed that you should lay off lrom work for a time and that those men who had families to support mightibe kept on You still seemed to have soula grudge against this man I is difficult to reconcile your conduct with mere momentary passion The jury found you guilty of voluntary manslaughter manslaugh-ter but I have seldom found a case so aggravated ag-gravated in some respects a this You struck the deceased right in the eye with a chisel which went into his head some two and a half or three inches I do not feel like giving you the shortest term of imprisonment im-prisonment allowed by law but I will take into consideration all the circumstances and your previous good character The probai bilities are that you became angered and excited that morning and while under that excitement you committed the nct Still your conduct cannot be reconciled on the hypothesis of a mere irresponsible passion Of course sympathy is proper in certain cases but th law protects society by the example of punishment and courts must enforce that punishment in view of its object ob-ject Where the discretion is given between be-tween one and ten years of course the court has n right to take into consideration all the circumstances of tho defendants past life as appears in evidence as well as all the facts relating to the killing More clemenoy however does not belong to the court out to me execuuvu uujjaiuuuuu i will fix your term at three years in the penitentiary Judge Powers said that as he intended to carry the case on appeal before the supreme court of the territory he supposed there would be no objection to his taking a little moro than the usual time ten days to file his exceptions Judge Zane Then say the 1st of May Judge Powers assented and the prisoner was removed subsequently being taken to the penitentiary to commence his term of imprisonment |