Show MURDER IS THE CHAE EI Clyde Felt Will Be Arraigned Before Diehl Today SECOND DEGREE HOMICIDE TnoDoys Have Been Convicted Before Be-fore in the Utah Courts of Taking Human Life Ono Wns Pardoned by President McKinley Young Felt Affected by Gloomy Weather and a Realization of His Position Somo Further Details Addcd to His Confession The case of Samuel Collins Is about to enter on Its legal phase County Attorney Christensen has prepared a complaint In the regular form chaig Ing Clyde Felt with murder In the second sec-ond degree and Judge W H King has teen retained as counsel 1 for the young prisoner He Is to be arraigned before Judge Diehl this afternoon COMPLAINING WITNESS WANTED An obstacle that may delay the filing of the complaint Is the difficulty of finding anyone who will appear as complaining witness Tho revelations Ias to the character of Collins have filled the community with honor and the officers who under ordinary circumstances cir-cumstances would bo perfectly willing to take oath that a crime had been committed hesitate to swear that the killing of Colllns was a great crime such as murder VIEWS OF THE DEED It Is pointed out that the killing of the old man by one of the grown rda t lives of the boy as a punishment for Colllnss hideous crimes would have been so nearly a Justifiable homicide that there would have been no possibility possi-bility securing a convjctlon on any criminal charge Some arc Inclined to L take a less charitable view of the boys case because It Is alleged he did not comprehend the enormity of Colllnss offense and was not prompted by the oO excusable Impulse that would have inspired in-spired an older person I Judge W H King has been retained by D P Felt the father of the boy to S conduct the defense when the child is f i arraignedSHURTLIFF I SHURTLIFF CASE E While the case laso far oa I I known Turnout m a paralleL In legal 1 history there are to cases of record In Utah where boys have beeen tried and convicted con-victed of homicide In Utah Thc most recent Is that of Frank Shurtllff 13 K years old who killed Mis Wilson while firing a revolver promiscuously on his way home from Sandy He as prosecuted i prose-cuted by District Attorney Elchnor S convicted voluntary manslaughter and Is at liberty under sentence sen-tence HARRY HAMMOND CASE The other case was tried before S Judge Bartch In 1S94 Harry Hammond I Ham-mond a fourteenyear old boy while returning to his home In Farmers I ward from a hunting trip on the Jordan Jor-dan pointed his shotgun at fiveyear old Clyde Robertson and killed him He was defended by C O Whlttemore now United States District Attorney S The defense was that he did not know the gun was loaded h The charge was murder In the first degree and the Jury convicted him of murder In the second degree Judge Barlch senlenccd him to fifteen years in the boys reforma tory at Wabhlnglon D C He served four years and was pardoned by the late President McKinley on the recommendation recom-mendation of the warden of the school because of his exemplary conduct He returned to Utah remained for a short I time and then enlisted In the United Stales navy When Mr Whittemore last heard from him he Was very highly S high-ly spoken of by his superior officers S BELIEVES IT MANSLAUGHTER Mr Whittemore remarked last night t when asked tor his opinion on the Felt casi that from the facts as given In the newspapers he would say nothing more than manslaughter could be c made out against Clyde The elements ele-ments of murder deliberation and pre j medltftllon are wanting he said S The boy was Induced to perform the act by one who had a very strong In fluence over him In my opinion tImeS tIme-S jury should he Instructed to take this Influence Into consideration I am absolutely sure that I would give It a great deal of weight 1C I were called upon to decide the degree of the boyo guilt The penalty for manslaughter la from one to ten years Imprisonment i Technically perhaps young Felt I could he held for murder In the second degree hut In my opinion the case Is devoid of the elements that go to constitute con-stitute murder IS OLD ENOUGH S The law Is said District Attorney Elchnor that between the ages oC7 and 11 years the mental capacity to undei stand the nature of a crime must be shown to sustain a conviction Above 11 the law presumes that the S offender has the capacity to commit a crime unices some evidence is offered to show that the capacity Is lacking BOY IS LIABLE Judge 0 W Powers holds that a boy liable toha charged and convicted 1 45 murder In any degree the same as a rown person This case he says 5ems to have been a willful deliber ate premeditated killing done under circumstances In which the law would Imply malice Malice Is of two kinds cxpipsa and Implied Express malice must show deliberate Intention of unlawfully un-lawfully taking human life Implied malice Is where no considerable provocation provo-cation appears or where the circumstances circum-stances attending the < < killing show a malignant and abandoned heart SAME AS GROWN PERSON Judge DIckson aYB4A boy 14 yearn I old charged with murder Is I the same as a grown person In the eyes of the law If found guilty of manslaughter he would Co to the leform school Instead In-stead of the penitentiary In view of Clyde Feltn ago I do not believe that he ought to be convicted murder ARRAIGNMENT TODAY Clyde will be arraigned before Judge Diehl at 2 oclock this afternoon on the charge of muidor in the second degree The date of his preliminary hearing will be fixed forthwith and It Is 10 Rardecl as probable that his attorney will put up a strong defense at the hearing as there seems to be nothing lpbe gained by delay and the boy Is I vbry anxious to leave his quarters in the county jail BOY DONT FEEL WELL Yesterday he seemed more anxious and uneasy than at any time since his arrest He scems to realize marc and more the serious nature of what he did In Hells hollow The gloomy weather outside had a part In putting him In this penitent fiame mind Ills eyelids eye-lids were re < l with weeping and he complained to the attendant at the jail that he did not feel well VISITED BT FATHER Twice during the day D P Felt called upon his unhappy little son The second time he came ho bt ought anew a-new suit to replace the worn garments In which the boy was arrested Clyde was not so depressed as to be past the appreciation of his appearance and he showed considerable pleasure In getting get-ting Into the now clothing WORRIED BY STRANGERS He does not relish the attention he attracts from strangers and told his father Indignantly or two persons who stood and looked In at him through the grating I got back here he said Illustrating his position so they could not see me The Jailers are very considerate of the boys feelings and do not knowing ly permit anyone to gaze at him for the satisfaction of their Idle curiosity They also refused to admit a rot r-ot his acquaintances who called to see him without the consent of his father Clyde has no reason to complain hIs fare Every little dainty that the Jail kitchen affords Is placed before him to icmpt his appetite which by the wa needs little temptation He eats as every healthy boy can eat and dishes everything from roast beef to cake To his father last night he explained some of the further details or the disposition dis-position ot Colllnss effects after the killing He still professes Ignorance of the butcherknife found on the ledge above the cave but explains the find ing of the pocketbook on tho side of the hill hiI THREW POCICETBOOK AWAY As r came up the path Tuesday mornlng Lfound the purse inthe patlr t about where the old man had un dressed I picked It up to tee If It was worth keeping but when I found It had a hole In It I threw It away without with-out noticing particularly where It did go but I think 1 threw It north Then I look oft my coat and laid It on a rock while finished building the wall I had It built pretty near to the top when I thought I heard some one com ing and hid down back of the rock a minute or two Then I came out and ran down out of the hollow IpI dont know how one of the shoes cot up on the ledge for I am sure that I set them both together by a little stump in front of the big rock that bars the entrance to the cave I did not think about hiding them DONT KNOW ABOUT KNIFE Honest pa I dont know anything i about how the knife got anthlns the old man brought It upbe orele I might have had I In his bundle because be-cause I did not see tho bundle when he opened It STILL THINKS HIM HONEST C Woodward the old gentleman who gave Collins 500 shares of stock worth between 5Q and 100 still has confidence in the honesty of his friend There is little doubt that Collins got the money and either spent It or kept It The disposition of the money Is somewhat of a mystery as Collins left nevcral small his when he went Into the hills to his death It Is believed I that he may have gambled the money away as he was addicted to that vice and when under the Influence of his favorite fa-vorite drug Would talk of winning and losing money on cards Clyde Felt says he does not remember remem-ber seeing the old man In possession of any considerable sum at any time |