Show RESPFIEFOR S MAJORS Ii I i Justice Miner issues Certifi I cate of Probable Cause I l I I APPEAL HEARD IN OCTOBER I Stay Was Granted Pending Hearing on tho Appeal Affidavits Filed Tending to Show Disqualification of Jurors Fosgren and Harris I Condemned Man Was Informed of the Action of the Court Said He Was Not Surprised but Was Very I Much Gratified at Lense of Life I Justice Miner of the State Supreme court yesterday issued I certificate of probable cause in the case of Abe Majors Ma-jors sentenced to be shot next Friday < rca I for the murder df Capt Brown of the Ogden police force The effect of the issuance is-suance of the certificate Js to slay the i execution tIle sentence until the Supreme Su-preme court shall have passed upon the appeal from Judge Harts decision rendered ren-dered last week denying a motion for a new trial for the condemned man I The appeal in the ordinary course will come up before the Supreme court for I argument at the October term of court I and as criminal cases always take precedence I pre-cedence it is likely to come up early In i the session The least benefit however that can accrue to Majors from the issuance Is-suance of the certificate Is n postponement postpone-ment of his execution for some months with a chance of the Supreme court granting him a new trial BILL OF EXCEPTIONS FILED His attorney Thomas Fitch yesterday yester-day filed in the Supreme court a bill of exceptions on appeal and n petition for the issuance of the certificate of probable cause The points In the bill of exceptions are affidavits of James Boden Beulah Boden Rees Richards lUcy t H Jones J D Call and J Al vlras Thompson all going to show that Juror William Fosgren who sat on thi i I case was prejudiced against Majors I and disqualified from sitting as a juror In thp case for the reason a stated In the affidavits that he had before the trial expressed himself as of the opinion I opin-ion that Majors should be hanged and I was not deserving of any mercy An atlldavlt of Charles E Foxloy stated that Juror Robert C Harris had also said that Majors was a hobo and ought to be hanged Another affidavit by George J Wells was that he had I watched the battle between the outlaws out-laws and the officers and that the defendant de-fendant Majois had not fired the shot which killed Brown J CERTIFICATE SIGNED j I Justice Miner made an examination 1 of the bill of exceptions with Attorney j General Bishop and Attorney Fitch and I at I oclock in the afternoon signed the certificate of probable cause Attorney Fitch at once telephoned the news to Warden Dow at the penitentiary i peni-tentiary who Imparted it to Majors Mr I Fitch also telephoned Sheriff Con don of Box Elder county that the four expert riflemen he had selected to I hoot Majors on Friday might stay at home as they would not be needed this I week It said Mr Fitch young 1 Majors lives till the Sheriff of Box Elder El-der county shoots him he will be so old that In comparison Methuselah at the time of his death was only a baby To give an undevstndlng of the pres ant status of the Majors case it maybe may-be staled that Majors Wan convicted of the murder of Brown and sentenced by Judge Hart to be shot An appeal to the Supreme court resulted In the affirmation affir-mation of the Judgment of the trial court and August nth was sot as the day 0 execution The Board of Pardons Par-dons was applied to and strongly urged to commute the sentence to life Imprisonment Impris-onment The petition was refused Upon the allegation of ncwlydlscovcrcd evidence in retard to the disqualification disqualifica-tion of Jurors Fotjgren and Harris Judge Hart entertained u second motion mo-tion of a new trial but after a hearing denied the motion From that ruling tho appeal now pending was taken HOW HE RECEIVED NEWS I Majors Retains His Composure in Talking of Respite A Tribune reporter and artist were at the prison soon after Justice Miner had signed the document which granted grant-ed a respite to Majors until the motion I torn new trial shall be disposed of and I nnl before Majors hud been informed of I I Justice Miners action Immediately Justce lners flcton 111mcclately I after Warden Dow had told Majors of 1 the news for which he wan anxiously waiting The Tribune representatives Ian I were given an Interview with Majors and permitted to make u sketch of him I Majors disclosed a countenance even more cheerful than usual on account of his new lease on life and the prospects pros-pects for a new trial but maintained his characteristic tc composure He is In excellent health which contributes S both to his appearance and wondurful selfcontrol With clear skin an excellent ex-cellent physique and a faultless toilet Majors is certainly an attractive lad COMMENT OF MAJORS When congratulated on his good fortune for-tune Majors said Yes Warden Dow I has just told mo that Justice Miner has granted n stay and of course I am Highly pleased I believe now that When the Supreme court meets I will be granted a new trial A new trial is all I have asked for because I believe I that the next time I will have a fair trial before an Impartial Jury and that Is what I did not have when I was convicted con-victed When the Board of Pardons I refused to commute my sentence 1 lost all hope for a day or two but life without with-out hope is impossible and I soon began I be-gan to hope that in some way I would get an extension at least So I was expecting ex-pecting the good news I have Just received re-ceived While the artist was making the sketch Majors listened with interest to the talk of a number of guards and the newspaper men tind occasionally added a word to the conversation HIS OAKLAND RECORD Before going to his cell Majors read a letter dated the 7th inst from S C Hot JtIns Chief of Police of Oakland Cal to refute he said the statement made before the Board of Pardons that I I I tried to kill Chief HodgklnH while I was In the Oakland jai The letter stated that the writer regretted that he had not come down from Ogden to see Majors some time since when he was going to Montana denied ever having made any affidavit about Majorss trouble trou-ble In Oakland or that Majors had ever I made an attempt to kill the Chief or any other person but said that while confiened here you behaved yourself In I every respect In fact you ge nobody I any trouble The letter concluded by II stating that Hodgklnss confidence In MaJors at the time he was in the Oakland I Oak-land jail was so great that had he been engaged In any mercantile business he would not have hesitated to give Majors Ma-jors a position expressing regret that Majors was in trouble and extending assurances of pity for I always thought there was much good In you I Guard Schule states that Majorss I conduct h been exemplary wJUle confined I con-fined In the Utah prisonl have seen I him said Mr Schulze under trying I circumstances but I have never known him lose his temper or use profane I language Neither have I ever heard him resort to vulgarity And this statement state-ment cannot be made about convicts I as a class by any means II I I A S I S S 5 4r Ii 1 I i3 I T k1 if A 4 f g1 ii p S S L 4ti S Ii S I I Abe Majors as He Looks Today I Drawn by a Tribupo staff artist at tIme jcnltcntlnry ycstcnlay |