Show I 1 DAY OF BOOM court designates august ath for the execution HIS BIRTHDAY FIRST NAMED when asked ached by judge hiles it if ho he had anything to say chiedo re he with a fervent declaration of his hill innocence protests against being condemned on oa circumstantial cum carl evidence transferred to the county jall jail will appeal to the he board of pardons charles thiede convicted of murder in the firt degree for cutting culling ills cifes throat near min muirty ray on the night of april si 30 ash will swing from the gallows in this city on oil friday august ath I 1 unless the state board of pardons or baim taim mo other agency interferes the death sentence was passed upon thiede by judge at 10 viii berday morning in conformity with tile tho mandate of tho the supreme court of tile the united states and will be carried into fleet effect by sheriff hardy upon the date fixed unless executive clem clicy la Is ex cx erased the courtroom court room roam was jammed with mith curious minded people will both male and tanile td nile kilo lio were anxious to ace how uvula face ace the trying ordeal but there were very few cw ot of hla his friends presen U as it Is understood that lie he had implored them to stay away jn in passing sentence upon judge judee alea at first fixed the time of ills execution for or july elal but the condemned anan pleaded that the fatal day aa the tha anniversary of hla big birtil I 1 slid and at hla big tile date was I 1 chaji ged to august ath BROUGHT from THE PRISON was wa brought in from the he pent 1 t littard nt lary yesterday esterday morning by Dep deputy lity guthrie and gibbs tho the on in vere oars left the city in a carriage I 1 alfter I 1 and arrived ut at the pent lont lary a few minutes before Sor a clock look upon their arrival they presented ted to lo warden dow hie file order of judge hiles directing the sheriff to take charge charce of 1 the ali prisoner and tring tiring him into court for sentence aen tence and the transfer from tho the state to the county authorities was va a quickly made mad was na n a ready to take me hi departure when tho the officers arrived and a 96 few minutes later was brought into the tha wardens office where the tha formal transfer was made he ha then tapped out ut into inlo the tha open sir air and was outside tt if the penitentiary ry tor for the first time ance november ISM ISH having been band handcuffed cuffed in the th meantime was then assisted into the carriage and the bomea cornei ard drive begs bega nen route rout to the city was wa in the tha best of spirits and en e incel a lively interest In in the change that had taken place along the line of travel during hh ble stay bay at ai tile the penitentiary ile he wax waa of tho the opinion however that his arrival of 1 l tile ui joint lount building would be witnessed by a great concourse of people and rave gave evidence of areal great disappointment when tho the carriage pulled up at tile couth entrance and there ther were none to welcome him aside from of the Elle Eh trI flits office TAKEN INTO COURT from the carriage was I 1 taken aken into the sheriffs private office domce where he remained until his present presen CT in court V nas as desired the bis big chock clock in the tower tw r was wan atef king the hour of 0 ID 10 na as accompanied danied by deputy sheriffs Sherlf Tg gibbs and guthrie entered the court boom was wan attired in a prince albert pull with wilh white bt anding collar and black four ln in hand tie upon entering the door ile he paused for a moment and looked around after which lie nonina bantly strode over to a point directly in A fiant ant of tho the judges stand arid and dropped into a chair at tho the same time judge hiles entered the court iona from ills fits private office and bailiff malian mahan declared the session open count county attorney Att niney olney whittemore then arose and said eald it if I 1 the he court please the matter of the sentence of charles thiede I 1 Is a set et tor for this ills morning I 1 see the defendant 14 1 liere here the remittitur ham haa own born handed down hii ant it mr clerk clerk stanton yes air mr NV lilt temore Is counsel for the d defendant d ant here mr A N cherry yes sir air mr are you ready to proceed sir mr cherry will you let me see bee the tile the remittitur was handed to mr cherry arid and after examining it briefly he be said CHERRY OBJECTED it if the court please before proceeding to carry out the order of the court or re rc the hie defendant I 1 desire on him bin behalf to object at this time to the district coul couil L of the territory of utah for the leason that the court of tile the state slate of utah has hag not acquired jurisdiction of this pace case by virtue of any law or ar constitution that has been adol adopted ted since this cate case was heard in the court and that neither the state su supreme P reme court nor the state district DI strict court cour I 1 ilan has any jurisdiction to early cany out or enforce the order the judgment of the Tenito rial cobit made in this case the court I 1 understand that the hie attorney tor for the government go now moves for judgment upon the mandate of the supreme court of the state of utah to this court county attorney whittemore and assi assistant stant county attorney ne replied in the affirmative and judge lilies overruled mr cherrys chernys Cher rys objection was then directed to stand up and arusing from hla his chair ho he advanced until lie had reached the clerks desk and its his right liand hand upon it lie he looked coke d at judge hiles hll intently for a moment and then directed ills gaze baze upward standing almost motionless and hardly changing chanel nc ills his position in III the slightest degree while the court rev rei lewid tile the case STATEMENT OF TUB COURT in a slow and distinct tone jud judge ge 1111 lilies sald said charles thiede you were indicted by tho the grand jury of 0 the third judicial district court ot of the territory of 0 utah tor for the crime of murder and thereafter you were put upon your trial before s a jury and after you had hod had a fair and i impartial trial the jury returned a verdict against you of murder in the first d dobrec gree without recommendation to the mercy of the court as under the statute they might have done had your case in their judgment warranted such recommendation and thereupon you were by the order and judgment of the district court and according to the tha statute in such capon penton sentenced ced to suffer cutter death tor for the th crime of which you stand convicted thereupon Ther you appealed to the supreme court of the territory of utah where upon IL a careful consideration tins the verdict and juds merit ment of the di district court was still ed thereupon you appealed from the hi judgment of the supreme court of utah to the supreme court oc at the united states stales where here upon due ilan by the greatest judicial tribur tribunal of f the nation the record of 0 your trial and con conviction ichon was wa declared without error an and adyth the ju judgment of the supreme coal cobit t of utah utah territory nry was affirmed and there Is here now a mandate ot of the supreme court of the state of utah com manding mandl ni this thin court to order ahn carrying inc into effect of 0 the former judgment of 0 the territorial district court upon the verdict of I 1 ahr he jury against ay jail hale haie youaw you an thine thing t to bay now why the L judgment and ri tene of the law should not be pronounced against you THE PRISONERS PLEA it your honor please dropped ficia thi the trl abling lips of tha prisoner and then lie he cam to a full stop lean ing nt forward with both hands resting upon the clerks desk derk he dropped hla his head until his chin almont touched his breast and gave evidence of the storm of conflicting emotions emot loni that thai caged within mathin it was generally believed that ills emotion would overcome him to buch an all extent that thai he would be unable to proceed ced but with a great offeit lie be callied and continued it I 1 stood here from now till tomorrow morning to show and explain to you step by step inch by inch point by point why judgment should not be pronounced against kalnai me I 1 know your manor honor it would do me no good all my talk would be vain it is 18 out of 0 your leach and power therefore your honor it you please a very few N words r ds will do I 1 would like aou ou to consider my buffering and agony that I 1 have pone gone through and the greta creal loss of my dear and beloved wife and my long ions long confinement our heavenly father who nho has the sweet of my dear wife and mine darling little child ue ile knoils that I 1 am innocent of 0 tills this whole crime of which I 1 stand charged the recoil will show many errors in the evidence that has been produced to convict me still no mort effort mas w as made to the great wrong and injustice done me but it has all been covered oel u er and the only prospect left to me la Is the gallows eal lows as a victim or of circum stance your honor knows well and wo we a all it know that errors oro ore so 50 often made by relying upon circumstantial e evidence v and far more I 1 may say by the public press the conviction sio no found is an awful terrible warning against the danger of condemning a man on thit that paz t of evidence alone DECLARES HE IS INNOCENT 1 I thank god that I 1 om am fre free from stain of conscience of ever ing innocent blood and I 1 plead to all of you there he be turned around and a squarely faced the audience of my I 1 innocence n 0 those who know me bet beit anno n g bence you will never belll bellavy 0 that I 1 am guilty of this ahli awful crime but it if faith fails me and I 1 cant prove my innocence befaro the wide world then I 1 believe that my beloved sahit Is malt ft alting for me m calling nip mr to rest from this world tor for that purely curdy will prove that I 1 I 1 was a victim of malicious persecution I 1 chauk han k you DAY OF HANGING T NAMED toledo then resumed his big former position 61 ilan the court and judge hiles said cald you r cay Y you were convicer by clr cir C evidence but that was war a matter na ter which the jury ned the crime of which you stand convicted was one of great cruelty and atrocity the roost most careful alon and add inquiry failed to show any provocation by your wife tor for your ma ina king kin the deadly dea uly assault and your case to this court seems to be one where re in tho the language of the statute the circumstances cum curn stances attending the killing show an abandoned and malignant heart however nothing remains to me but to pass the judgment and the sentence of 0 the law the most painful duty of my life it 19 the judg judgment ment ani sentence of 0 the court that you be taken hence by the sheriff Sherl fl of salt sall lake county state stale of utah and kept in close confinement nt till friday the slat day of july 1816 on an which day between the hours of 10 in the forenoon and 2 in the th afternoon thereof then that ou be taken by said bald sheriff to some convenient it P place I 1 are therein and hanged by tile the neck until you are dead HIS BIRTHDAY elhat hat h date did your flonor say the condemned nian maji faltered the alst let day of july 1396 that 19 1 9 forty beighl days from brorn this day judge hiles hammered the very day I 1 was vms born ani answered ered in a whisper those who heard ahn an anner er were struck by the peculiar coincidence and after a pause judge said do you object to that day on that account it if it 14 1 convenient to you your honor hero here the prisoners voice became inaudible tho the court I 1 will say nar it you object upon that ground 1 I of 0 course visa not aware that that I 1 hat was your birthday it if you object upon that ground I 1 will change tho the day tilled almost in a whisper any day will do the court it if sou have tic no objection I 1 will let tho the date stand aland but it if you object I 1 A III chanse change it now THE DATE CHANGED toledo paused for a moment and then said eald in a low tone please change it then let it be on freday the ath d daiy diy ay of augut Au cust judge judee hiles paid that gives elves fifty falve days from this time thiede remained standing tor for a moment and then took look his seat scat after which judge hiles ordered a transcript of 0 the teRU testimony mony in the case made out foi 01 lor for transmission to the governor As a there was a printed transcript in existence hote hov homeier eier er the order was not carried into effect and during the afternoon gov wells wella was waa furnished M ith the transcript and all other docu merits and orders connected with the case IN THE COUNTY JAIL shortly after the passing ot of sentence was removed to the county jail and placed in a cell upon the upper floor and on the west side ot of the building sheriff hardy declined to allow a representative of 0 the tribune to in interview ter either cither before or after afie r his sentence but it was reported at the jail last evening that lie was in the best beat or spirits the condemned man will be under the constant care of a death watch from now until the date ot of his bis execution |