Show ewt davis sentenced to be shot UNTIL 13 HE IS DEAD goo goes s to the bonton penitentiary for life H he 0 tells his story the case of the people vs W william illiam H kelly assault with intent to com mitt in murder was called on ion wednesday afternoon and a jury em paneled he is ia charged with firing at gilbert A johnson at millburn on august an east 1892 1992 with a revolver A G bather land defended peter hansen was the first witness he testified fiad that be was in mill burn on sanday august he ha saw gilbert johnson come down a lane on horseback and sit down on a fence talking to a colored man kelly came along on ho horseback a eback and commenced firing in the direction of johnson Joh naon he fired four shots johnson ran across a field followed by kelly witness and mr jen kins went down the field and found kelly and johnson talking together kelly went away and they approached oti on cross examination witness testified that he did not know whether r the shots were fired to scare johnson or not kelly kelli was a section foreman on the rio kio grande western grafl railway dav james iff hansen arisen corroborated this testimony he testified that kelly and johnson had had a baht the night before he did not know which whipped the prosecution rested making the statement that aney desired the sub peona to show thoi that johnson could n not C t be found the defense introduced a cumbe numbe r of witnesses who testified to the good r reputation lutat ion of defendant for piece and quiet mr air zane waived the tha opening and mr sutherland made a brief speech mr zane contented himself with ask in ing the court to give giva the jury certain instructions and the case was wai submitted after being out a short time the jury returned a verdict of guilty of assault rs Ps sault george 0 binder the half breed Indi indian in who is ia charged with making assaults with intent to commett murder upon james fox and joseph hammer at lehi on september ath pleaded guilty gaiety to assault in the one case and the other case was waa di dismissed missed he was sentenced to one months imprisonment in the county jail it is probable that i investigations investigation s will be made as to ir i parties who wd sold him the liquor vi iiii h fired his brain to commit such w wn 4 court adjourned until thurid v mornin as at 18 10 A laree aree number of now new fare facea t appeared ed a at the first district court room this morning two murder sentences in ono one day is ia a rather an aa unusual tuini at 10 enoch davis was brought into the he courtroom his face lias has become thinner and the furrows on his cheeks have deepened since bince we first time I 1 ie e appeared in the court room he wore a doa and fo air but did not exhibit any unusual amount of nervousness the uneasy moving of his bis foot and band was all that was especially noticeable a ble the clerk called enoch davis and the convicted murderer of his wife came forward and stood before his big honor you have been found guilty of murder in the first degree said isaid the court aith without ti t any recommendation to rucy he was waa by 31 mr ar warner it the court plea pleas sethera ethere has been jeee a filed in the case tor lor a now new trial mr warner had not prepared any special motion in the case Us he argued that the court had erred in instructing the jury in relation to the indictment and had bad erred in excluding certain evidence etc the motion was has d exception taken mr warner then made a motion for a stay of judgment there was no malice with intent to kill bill and mur der charged in the ous authorities were cited mr zane opposed the motion hola ing that the om in the indictment referred to by mr warner not an essential feature and cite cited li I 1 hop and other authorities th the motion was ff as overruled overrule ulet il exception taken the rho court continued af after ar a bair f air trial you vou have been fouad guilty of murder 1 in the first degree with u t any recommendation to the mercy 0 of f ane court you haye have been defended b bv y able counsel and every ever thing has hae been presented that could be ba presented therefore the sad duty is ia imposed uvan nuon the court of sentencing you to death the court has no other to do the law is imperative now what have you to say sav why the tha law should not take us Is course but before you answer the tha courtial court cour till will inform boti you that you may take your bour choice ot two modes of dealu by hanging or by shooting sho shoo otina tiu divis davis ill 1111 take ll 11 I 1 court too tho sentence of the court is that you be taken from this court ro an to and be kept abera until lie W yon a day of december tv be delivered oyer over 0 to o the ae pro piotr tr i tadaus niu ii and iu the county jail yand th alai at yuu you be ba shot until vou you are dead davisa davis davia A man dont have any copper on that does he court continuing and may god have mercy on your boul i davis had bad himself for the cc CaSsi cassious cas siou oll but nevertheless elees it was nn an effort on hia part immediately aal afar r sentence seo tenca ho hd drant a glass of wat r and was vas taken back to jail august con concietta viettA of murdering benjamin Bac haima WAS barour it ut up giom the jail jai he ha wore a w sitf it flower and a gruen gen itaf Is at in li tia i buttor buttonhole hole walked A erectly en cily I 1 with wilh an elastic st sti p lie he IVAS called to cone come irwan d as ai ie I 1 antt red e court room you hive hi ve ideen i luuru guilty said eaid the court S of duider in tle drat degree W with ith i sa mn to the mercy ct the tha ouri curl you ave had a fair and impartial trial und int IH e been atly at a aly ly aud and zealon lealou ly ait bavi you to BRY way sentence cu clo id not be passed upon on youa you t I 1 mr ia m ade juju a 4 eisa eI eibi nia sw statement to th atie e bonit co u A he y asserting hia in noall UL 14 i uin LA A f sm 0 was charged with and a keil a wie vv v v rl to place himself in ilig iha veme enle i lace e was in lie he thea gave a sketch of Us lia we tire lle lie was born in 0 bhag a da danemark danmark Dan na mark akin in 1863 and t ra iler ie i ent to weden with pis ija algo ag d no h now 65 years af pf of aze aee he ha ha had re read a d in a boots books mat america americ 1 I was a tood I 1 lari ad a d and he bal h 4 emigrated emie rated here in in isis faist he be went weal to buffalo and then to michigan where he be edgag engaged d in me ile lumber business one nigh mant a fire oc barred and he be lost 3 all he had bad in ia the world ile he had bad no friends wae penniless and homeless he went to Chic chicago igo thence to denver and grand junction working where he could at brand junction le be was robbed tf cf every ayery cen cent t of money he la he out of town homeless and friendless acain in wandering around ile ha came cam to tu bug nam junction winter wm was coming con nc on and he could find no work and he never cluid beg one day he found an old check book with ono blank che check ek arlit in it he was tempted to make out the check as he be was almost starved he wrote out the check and a name H i came to prova and stood in front of Sch stoe atoe sto e the hebrew was allX iLUS to make busin cea with him A suit it of cloths lahs was as purchased ana the forged check was w as passed in conclusion he reviewed several immor ant features leai ures cf the evi evidence deace of the tha case in in quite an able manner he denied ever crossing zoss rat the price nver toward Bucha buchanana Buchana nank nr place and want wanton on to explain tha r it was wag impossible for the men on the it ty to have seen him he rete ired anio once oace more to bohls his aved aeed mother who was in in sweden dependent upon his support in spearing lia his face became quite flushed and when he ipke rp ke of his mother a tremor came lutu into nis voice and his eyes most ened the court ex planed that it was wit in h whet zer the death penalty be the sentence or confinement confine meni in the penitentiary for life he was personally lly of the opinion that the death penalty should be the sentence but as the iury had recommended mercy ha w would sentence t the h e prisoner to imprisonment for f or lif life a william H kelly was sentenced to one months imprison imprisonment me nt for assault on gilbert johnson the charge of robbery pre preferred ferre d against thomas mack alack was dismissed on oil motion of the at attorney terney for the defense owing owina to the witnesses for the prosecution could not be secured J james a mes F crowley was placed 0 on n trial on the charge of malicious mi in barm barning ig an ice house the property of john IV and james bryner at helper 0 ou t 1892 the wit witnesses witnessed nesse examined testified tied that the ice house hai been set on fire by a small boy presumably y by defendant anere was a dispute between the owna ers era of nt the ice house bouss and defendant hoyez oyez a bill court took a recess until 2 |