Salt Lake Tribune | 1914-03-08 | Page 32 | Murder Again Loses on Appeal

I MURDERER AGAIN I LOSES Oil APPEAL g Supreme Court Says in Effect SJ That Harley Mewhinney : Must Die. I CASE MAY GO HIGHER Probably Will Be Taken to M' Highest Judicial Tribunal Bjt in the Land. B' A pain the supreme court has doelinod HI ', to Interfere with tlio jmlgmont of death pronounced on Harley Mewhinney, con-IB con-IB victcd murderer of C. h. Erickson. In HW an opinion rendered yesterday the court EMjl affirmed the judgment for the second yKj time, standing upon the game grounds BB on which it refused the first appeal. Mewhinney 's attorneys have said they BK -will carry tho case to the United States flttl Kuprcmo court in onsu the state board !SH of pardons declines to commute the Kvm death sentence. Hh Jt is now three years and sovon HB months since Mewhinney shot to death Bl KrickHon as the latter rushed to the res- Br cue of a man and woman whom Mowhin- BB noy and Samuel Kirkpatrick were rob- IKf bing in n room at the Itomona rooming B5B house. Ho hns fought tenaciously every WmBi' inch of the way from tho timo of his UU ; niTest and ix yet n long way from the death chair'if his attorneys proceed -with wBm their original intention of going to the H United States supremo court. fl Confessed the Crime. HB Mewhinney confessed to the crime MB and relied on n plea of temporary in- HHu sanity, said to havo been induced by an HI excess lvo uso of drugs. Ho wtos con- flHH vie ted and the supremo court affirmed JmjSk the judgment. Then, when he .was Miff about to be sentenced again to death, jHB his attorneys interposed a motion for VJjl an arrest of judgment on the ground X that his constitutional rights had been abridged. This motion was overruled Si nnd Mewhinney wont to the supreme jm court, arguing that by the action of tho MM trial court in giving certain instruc- D tions to the jury ho had been deprived flM of a real jury trial. 81 The supreme court rules now that IQ. tho law as it was laid down by the B same court at the first appeal must con- HH tinuo to hold sway and Mewhinney Hot must die. DH The murder of Erickson took place August 14, 1010. Mewhinney and Ktrk- RB patrick followed Sol Brown, a jewelry BB ntlcsman, to the room of a woman at BB the Romona. They knocked at the door H9I of tlio woman's room and wheu it wns Ml opened thev rushed upon Brown and 1931 began beating him over tho head with E3MI u revolver. uDl Tho woman screamed and Erickson, HBa who occupied a near-by room, rushed to RX her aid. As ho crossed the threshold BB Mewhinney fired tho fatal shot. Leap- wBm '"nj; over Krickfou's body the robbers EBB ran down the stairs. BB Leaves Evidence Behind. MRS As ho fled, Mewhinney caught his IffiH hhoc ou a step and a portion of nis heel RM leather was torn off. This the police RflHj found and when Mewhinney and Kirk- BW Patrick were arrested tho piece of BB leather was found to fit exactly onto iRjjft Mewhinney 's shoo. Confronted with HHR this damaging evidence, Mewhinney ud- RRU mittcd the crime, absolving Kirkpatrick RRfll of actual )articipation is tho murder. H3ft Kirkpatrick pleaded euilty to robbery BR nnd wns sentenced to life imprisonment. MLB Tho point on which Mewhinney based MS his appeal was that the trial court in- Mj fitructcd ' tho jury that it must either Hjfi bring in a verdict of murder in tho first BB degrco or else acquittal. It allowed of Mffij no compromise on second degree murder HR or manslaughter. This, it wns argued. Rw abridged tho constitutional rights nnd ffli privileges of a citizen of the United Infi States as guaranteed under the national HJB constitution.