| Show I i SENTENCED TO DEATHs t H s HI K r I f Judgment Pronounced on < Lynch and King Again I I i PAPERS IN CASE MISSING I Files Supposed to Have Been Stolen From Desk I I l Basis for Objection to Passing of i t SeatoncoTo DIo Feb 20th Unless I Un-less Court Intorvenes t J I 1 i I For lho second time since their conviction con-viction In November 1000 of the murder mur-der of Col Godfrey Prowse In the Sheep I I Ranch gamblinghouse on Commercial street James Lynch and Robert L + I RInG were yesterday sentenced to bo I shot If the Supremo court docs not remand re-mand the cftEe the two men will be shot I I to death In the yard of the State prison I on the 20th day of February In tho year I of grace 1IH3 between < r ours of 10 I i a m and 4 p m Judge ooth granted I I both men a certificate of probable 1 cause r Lynch and Kins were brought Into I court at noon yesterday by Warden George N DoW and two of the prison guards Lynch was represented by W F Wanlea King by H C Edwards and Dennis C Elchnor was there fqr the i State of Utah I MISSING FILES As has already been mentioned the I flies In the cane have gone amisslng As they were placed In the drawer cf the j i desk of the clerk of court with the content con-tent of Judge Booth when he last satIn sat-In the case several l l weeks ago there I reams to be considerable foundation for I the statement that the papers have i been stolen I I When yesterday Judge Booth intimated I intima-ted that duplicate papers had been prepared pre-pared Attorney Wanle + s said that the defense desired to except to the order I calling for a subrtltulJon of papers In the case on the ground that the court had no legal authority to make such nn t order This motion and a similar mol mo-L l I lion on the part of Attorney Edwards I I t for King were denied by the court I District Attorney Eichnor then ald i I If the court please on behalf of the State I now move for Judgment on these two defendants FOUND THEM NOT The court replied It Is much to be regretted that the flies are missing j After the motions had been made and aigued 1 myself and Mr Armstrong ir agreed that the papers should be left In that drawer Indicating the drawer in the clerks desk where I could reach j them I expected to come up some evenIng even-Ing When I came back the papers were gone ajl but two which are of no particular par-ticular use In this motion The court then ordered the two men I to come forward c OBJECTION MADE I Gentlemen he said you have heretofore been convicted of murder In the first degree and having taken an apical to the Supreme court and that court having affirmed tho ruling of the trial court now on the motion for anew a-new trial being overruled the time Is for Sentence Gentlemen have you anything any-thing to say at this time why the sentence I sen-tence of the court should not be pronounced pro-nounced In our case 7 Lynch answering for himself said that he had nothing to say Attorney Edwards said I desire to object to the court passing sentence on the defendant King owing to the reason rea-son that the files aro missing and the records of this court show no Information Informa-tion t as having been filed against King I Attorriey Wanless made a similar objection ob-jection on the part of his client The court ovcnuhpd both objections PassIng Pass-Ing to the matter of sentence the court then said i BOTH PREFER SHOOTING Mr Lynch when you were here the last time you said that you preferred to be ehoU f Lynch Intimated that he still had the same preference King followed suit The Judge then paid In order to give you time to get to the Supreme court I will put the date of execution off as long as I cnn say February 20th Attorney Edwards said that he would l offer no suggestion that might be construed con-strued as a waiver to his objection to the ruling of the court Attorney Wan less said that If the time of execution wcro made to pass the February term i of the Supreme com t It would be to I I 1 their advantage because they hud considerable con-siderable work to do before they would be ready to submit their case to the 1 Supreme court 1 SENTENCE PRONOUNCED The court In passing sentence said It la the Judgment of this court that you James Lynch and you Robert L King each of you be taken by the Sheriff of Salt Lake county to someplace some-place of safe confinement and there held by him till Friday February 20 r 130S and that between the hours of 10 I oclock In the morning and 4 oclock In the afternoon you be then taken wlthln he walls of the State prison and shot each of you until you are dead |
