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Show youthful Murderer Asks Board of Pardons to Conimute fl . Sentenee. HIS EXECUTION IS SET H FOR NINTH OF SEPTEMBER H Still Insists That the Murder H of Fassell Was an 'H Accident. Tho into of Harry Thorne, the youth- 'H ful murderer of Gcorgo W. Fassell, a fH grocer on East Fourth South street, iB now in the hands of tho state board of pardons and will not bo finally do- , termincd by tho board until Soptembor 'flH 3, just six days beforo the date eat for ' his execution for tho crime' for which H ho was convicted by a jury in the dis- 'D trict court recently. Thorno was sen-tenced sen-tenced by Judgo Lowis.to be executed SJ1! on September 9 and made a final ap- H peal to iho board of pardons on Satur-day Satur-day to havo his sentence commuted to jH life imprisonniont. The. board took the muttor undor advisement until Scjitcm ber .'J, when a special meeting will bo IH held to finally determine tho applica IH tion for clemency. Thorne appeared beforo tho board personally and was questioned at con-sidernblc con-sidernblc length by the members of the ' board as to his past life and his con-noction con-noction with the crime of which ho stands convicted and condemned. ILo f ijH told the sumo sto' as when on the wit- lH ncss stand during his trial and declared that the shooting was merely accidental and that he had no intention whatever of shooting Fassell. He said that ho was poking Fassoll in tho ribs' with the ijH gun to make him get back behind the counter while his "pals" wero rob-bing rob-bing the cash rogistor, when the gun jH wns accidentally discharged and Fassell fell lo the Hoof and died within a few jH minutes. - jH Attorney .T. M. Denny, who defended WM Thorne, made a longthy appeal to the board in behalf of the condemned youth and asked the board to grant the application for commutation. Mr. Denny laid groat stresB on the j'outh HI of the condemned man and also upon flfl tho fact that tho shooting was acci- jH dental. jH District Attorney Loofbourow, who prosecuted Thome, made a brief talk in which he opposed the application for commutation of sentence. Sheriff .Tos-eph .Tos-eph C. Sharp also appeared before the , board and answered a number of ques- (JH tious relative to Thome's conduct while in his charge at the county jail. The board considered the application in jH executive session and postponed final jH action until September ?. Eiley Will Make Fight. Xiincs Eiley, who was with Thorne in robbing tho Fassell store and who wns also convicted of murder in tho H first degree and sentenced to death, has appealed his caso to the supreme court and will make a fight' before that trib- lH unal for his life. His caso will probably JH he heard by tho supreme court in Feb- yf'l niary and 'if he is unsuccessful in his appeal ho will no doubt ask the stale jH board of pardons to commute his sen- fH tonce. The murder of Fassell occurred 11 on Ma roll 2G last, while Thorne, Kiley 11 and a man known as "Curley" Mor-gan Mor-gan were robbing the Fassell store. 11 Morgan escaped and has never been IH captured. " Count;" Henry Milhousen, who is under sentence of twenty years in the state prison for a number 6f burglaries , IH in this county, will be granted a com- fH mutation of sentence to take effect at IH onco provided the United States inn- 'H gration officers will deport him and iH take him back to Germany where he is said to have a criminal record. It is 11 understood that Immigration Inspector H .T. G. Hisc will leave with Milhousen on Tuesday and ho will embark at New York lor his native land. Milhousen pleaded guilty to a number of bar- iH glaries and was sentenced by Judge Lewis of the third district court Jan- iH nary 15 to serve twenty years. He had 11 been in tho United .States loss than tmm throe years hence came under the iinmi- 'flH grataioir laws for deportation. An ap-plication ap-plication for pardon was mado in Ins behalf for the purpose of taking him back to Germany and tho board granted a commutation of sentonco to take of-feet of-feet on the date Milhousen is started on his return to his uativo laud. , Other Applications. Applications for pardons in the fol- H lowing cases were denied by tho V H board : 3 f Halph Lawhorn, sorving ninety days an the Utah county jail for batterv. John Duffy, sorving ten years in'the State prison for burglary in the soc- oud degree, committed in Salt Luko ' H county. . B. A. Slocum, forgery, Salt Lako -;fH county, three years in tho State prison. Ray M. Phillips, robbery, Utah coun- JM ty, tour years in the State prison. Lorenzo Montgomery, criminal as- TH sault, Wober county, eighteen months 'r EMM in the State prison. -UM Bust Docas, robbery, Salt Lako rfl county, i en years in tho State prison. ,Irru,m VlS("nn. who wns sentenced 1 in Weber county on January 27, J009 ' to throo years for a statutory offense. was granted a parole. David Latham, who was sentenced to ' throe years in Salt Lake county for as- " 'M sault with a deadly weapon, was do-mod do-mod a parole. - The application of Watkin Reese for ' H a commutation of sentencu was denied" ' fl Keeso was convicted in Weber countv ot a statutory offense ami sentenced ' H to servo threo years. vH |