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Show f IDELLUS M. DYE IS I WOT TOBEEXEGUTED ! Board of Pardons Commutes His Sentence to Imprisonment Imprison-ment for Life. LONG HEARING IS HELD V Convicted Man Makes Strong r Plea for Himself; Deli! De-li! clares Innocence. ; f S d n ,; The death sentemjo pronounced jf against Idollus Dye, which was to r It have been carried out in tho yard of A I the stato prison noxt Thnrsday morn it ihp, was commuted to life imprisonment J;f jy tho stato board of pardons last 'I night. t j Tho decision was reached at 6 o'clock after an all-day hearing, at ir -which practically all tho evidenco in the caso was reviewed and norao new jl ' witnesses examined. - Dyo was convicted of tho murder of pi Joseph Rainbow, on the night of No- I1!. vombi'r 126, 1911. Bainbow was walk- 'ill; 1 inir east on Third South street from the J' JJenver & Rio Grando depot, when ho 1 1 , was shot from behind by a. man who J I wns holding up a" Greek and a woman, .7 9 named Agnes Aiclwn. Tho Greek and i) jl tho Nielson woman identified Dyo at '1 K the polico station, when ho was arrested 4 m four dnvs later. 1 L : Judge" F. C. Loofbonrow, who prosid- at tDe tr'a' which resultod in Dye's 'If ' 'onviction, recommended to the board Jijj that the sentence be commuted. So did i the district attorney, E. 0. Leather I I wood, who prosecuted Dye. j I Doth declared they worn absolutely tj ' convinced that Dyo'was tho murdoror, 4 , but they explained that it was not an -' extreme act. of murder, being tho deed iM of a novico not ordinarily given to i I ' violence. Makes Strong Statement. Dye. himself, and his attorney, Sorcn X. Christonscn, took no middle I ground. Thoy asked for a complete psr- 1 ' ' don, or for death, t "'If this man is guilty ho should bo 1 i executed next Thursday morning, but if '. he is not guilty ho 6hould bo given his , liberty at' once," said .Attorney Christ- ii euseif in the coureo of an impassioned J appeal for his client. 1 i Ovo made an oarnest appeal to the t . . pardon board. With more than ordinary ability he attempted an analvsis of tho -; case against, him. declaring that he had ! not had a fair trial and- that, through J no fault of his testimony which would j J t , have been favorable to him was not in- j,' trnduced at the trial. Re ridiculed the I -A i idontification of the Grcelc and the Niel- 1 ton woman. 1,1 " Gentlemen, T did not kill Eainbow, " ' : ho said. "T was not near the scene of ; . the crime nt any time that, night. Much has been said here today about fJi ,n.v Pt -"fP' I have no excuses to of- j i fer for that sorry record. Frankly, my j W life has not been what it should have w f J lcen by anv means. 1 have been fool- i jf ish. T have "been easily led this way and I Bt that; good common sense has not been fl 1 mine, but that has nothing to do with ra the case here. Whother I live or die to ij next Thursday, rov post is behind me. Kg It has beon a foolish and wasted ast, j. nut it does not prove that I killed Rain- B i bow. 1 did not kill Rainbow, nor do I H i know who did. j'l'j Told Truth, He Says. k j "I want to say further that since Br- my arrest I have not told a lie to any (a i 01 V011, nor "ue Prosecuting attor- j 1 j j ney. nor to the court, nor to my own j B 1 attorneys. J have had nothing to hide. , J havo Ipld tho truth throughout. I BJj am not guilt', gentlemen; 1 nm not m1 guilty." M h Dyo spoke calmly, but. with a tenso- fi jS ness that commanded every ear. He talked ensny aud clearly with many fill evidences of a man used to public . fl j speaking. BH That Dyo had been railroaded to 1 conviction by the polico was insinuated mm bv his attorney, who pointed out that (El licforo tho Nlelsou woman was allowed ''ml 1-0 K lxl Q -iail to l-ent1'y Dvo as f Haff the robber and murderer she was snown j -iM a picture of Dyo in the police staton. 1 Mm . This was not denied. The transcript 1 QU of the evidence was submitted in proof I TO Of it. I'M . A. R. Barnes, attorney general, who 1,1! 15 n member of the pardon board, asked I 1' 1 he district attorney whv this had beon i 1. done. Mr. Leathenvood" replied that he , fil did not know, except tliat it was a j m custom of tho police department and j one of the defective methods of identi- j m fication that had been followed in the . W department for manv years. M Chief Jnstico w- rcCartv of the I W fnpreme court said ho could-not under ' a f.tan'- .why this was done unless the po- 1 HE hco wished to insure the identification 1 H -of the defendant by the woman. Jus- -W iice D. N. Straup made tho same ob- i 1 K scrvation. I ; View of Governor Sprv. 5 H On the other hand, Governor William M Spry, of the board, said that from tho , B testimony presented during the dnv bv I'm t'olice officers it was evident to" him B) iuat tno polico were friendly to Dve 1 ; m and wero inclined to give fiim every 1 W The dofenso rested its caso largely on v J this method of identification, declaring . it to have been a farce. For two hours Dye underwent a gru- , M eling cross-examination bv Jiustice D I B StraP during which he told the 11 "tory of his lif... J0 admitted havint? B erved prison terms for several offonses ,"e f,w,,? jvns forgery, but ho do' " I clared he pleaded guilty to forgery in v I order to save a woman from tho peni- I tonttary and that ho was not tho real S forcer. 8 J' Beckstoad. former captain I of detectives for the polico department Georgo Cleveland, a detective at proB-out, proB-out, and Gcorjjo Chase, also a detective, testified during tho dav concerning the investigations conducted bv them at the lime of tho murder. Bcckstoad said he was convinced that Dve wns not connected with tho murder. mur-der. He told how the state's four wit ncsses had told stories to him in variance va-riance to their testiraonv at tho trial. George Cleveland testified that the iroek and the lelson woman had given him verv unsatisfactory descriptions of the robber prior to Dyo's arrest and that one hnd said he wore a white handkerchief hand-kerchief while the other had said it was a black handkerchief. The testimony of Detectivo Chase also wns favorable to tho defendant. John Carlson, a former night watchman watch-man for the Denver & Rio Grande, told how a watchman named FiMier. who ar-TcstcdjDye, ar-TcstcdjDye, had told him that he knew who tho murderer was and that he was going to got tho $1000 reward. The next night Fisher arrested Dye, Carlson said. The defense sought to show from Carlson's Carl-son's testimony that there had been an attempt to railroad "Dve in order that tho reward money might be collocted. Leo Benson, a call boy for the Denver & Rio Grande, repeated his testimony as given nt the time of the trial, nnmely that ho and Dye hnd had a drink together to-gether in a saloon between 11 o'clock and 11:30 the night of tho murder, which wns committed at 11:20 p. m. Judge F. C. Loofbourow, who sentenced sen-tenced Dve to death and then told him he would recommend a commutation declared before tho board that he was convincod of Dye's guilt, but ho would have no hesitancy in recommending life imprisonment. Ho eaid that ho felt that Dve was a novice and did not intend to kill, but abandoned his purpose of robbery rob-bery and fled immediately after firinrr the shot. h Tho district attorney. B. O. Leather-wood, Leather-wood, gavo practicalh-'the same reasons for recommending life imprisonment. Carl S. Rogers, convicted of robbery m the Third district court and sentenced sen-tenced May 11, 1011, to servo eight years-, waa pardoned, to tako effect im mediately. Tho applications of Ralph Woollev and Henry Arbuckle. convicted in tho justice court of Salt Lake countv of assault, and sentenced December' r 1913, to ervc six months in the countv I jail, wcro deniod. |