Show I UTAH tAW LAW ONCE NCE WHOSO MANS MAN'S BLOOD BY MAN SHALL HIS 81 BLOOD BE SHED FOR IN THE IMAGE OF GOD MADE HE MAN T Telegram legrain Writer Completes I Surrey Survey of Murder Record p By ALBERT ERT F. F PHILIPS j jIt it It was this si sixth th verse verse In the r ninth chapter Genesis of-Genesis which has hasI r I prevented those who have shed leans lean's blood from expiating expiatIng- their crime upon the gallows in Utah In other words It Its s s blood atonement by men who In Utah have shed the blood of their fellow man hence their desire to atone with their own blood For this reason there has hasi i never been but one man who was c convicted In Utah for Crime the punishment for which was death but what when asked how 4 he ne should be sent out of ot the world either elther by hanging shooting or 01 be beheading be- be heading heading for for be It known the law of ot Utah permitted the beheading of ot otmen men who had taken human life life life- but one man who had been convict convict- I e cd ed of ot murder in Utah chose the thel l method of ot death by hanging that one being Charles Thiede who in 1896 paid the penalty for tor the slayIng slayIng slayIng slay- slay Ing of ot his wife In Murray two years ears before t One other m men man n. n when standing upon the gallows declared that he hl had not been given opportunity to choose the method of ot death owing Qwing to o the fact that the Jurist who sentenced sentenced sen sen- fenced him was declared to to have be been n Intoxicated and had fixed d the day for tor his execution I on Sunday This ThI date was changed by the court to hangman's day dax Friday and he paid the penalty o on oi that date I The laws of Utah fix the penalty for tor murder for murder in the first degree at d death ath or or upon the Uie rec tl rz n of ot the jur Jury hearing the case may fix the punishment at for life IlCe at the discretion of ot the court Punishment ment for fol murder mur mur- del der in the second degree is Imprisonment in the the- state prison not at-not less than than five years or more than r fifteen years and to ma make e the killIng killing killing kill- kill ing either murder or It Is requisite that the party die diew w within a year and a day day after atter stroke Is received or cause of ot death administered The rhe old Sold territorial l law provided that whoever fights a duel with I deadly weapons and and Inflicts a a mor- mor moral 1 al wound on his antagonist t wherefrom where- where k f from om death ensues is guilty of mur and shall shan be der of ot the first degree pun punished shed accordingly j i I Double Jouble Hanging I or Up to 1855 there bad ad been no legal in the territory and andIn andin andin in that year on August 8 a double execution by hanging occurred the parties hanged being two Indians who had murdered and Warren Weeks in Cedar Valley The first white man inan man to be executed Inthe in inthe inthe the territory was Thomas H. H Ferguson Ferguson Fer Fer- j guson Who in 1859 killed his employer em em- and he paid the penalty by byh h hanging nging Two have oct oc- oc t 4 c In Utah since the pioneers came came in 1847 one in Logan and the theother theother other in Salt Lake City In In view that at atthe the coming meetIng meetIng meeting meet- meet Ing of the board of ot pardons clemency clemency clemency clem clem- ency will be asked by three murderers murderers murderers mur mur- a story about the capital crimes In Utah Is of interest Since 1855 there have been thirty-one thirty le leg legal legal le- le g gal 1 executions in the territory and andI I state and as said but one person who has be been n executed chose hanging hanging hang hang- ing g as the method r r t Prison Authorized 1 v It was as In 1854 The Utah territoriaL terri tern prison was authorized b by the act t of ot congress congress' making an of of f and at the same time set aside land upon which the prison was t to be built When hen it J Jas vas as as constructed the walls were wele of adobe bricks and were four foul feet r I thick at the base while the houses In which the prisoners were con conT lined fined were likewise of adobe It w was s in charge of ot a warden who was provided by the legislature up to to August 1 1 1871 when Colonel Ii T T. M. M 1 Patrick United States marshal marI mar- mar I 1 shi h l. l took possession upon the part of of bf the United States over the prost prot protest pro pro- t test st st of ot Colonel A P The latter had held the position of marshal marshal marshal mar mar- so lon long that he had come to believe that not only oily the prison but hut also the land upon which it was situate belonged to him as an in- in That he believed this is shown by bythe bythe the fact that several years rears after the Hie prison had been turned over o to the United States and after a number number num- num ber bet of improvements had been made l the discovery was made that Colonel Colonel Colo- Colo nel Rockwood d had bad secured in his own nan f patents to the tie land upon which the prison was situate as he ft had secured title to the improve- improve ments meats This discovery discover resulted In Inan an an action In the courts against him by iy Colonel William Nelson Kelson who f fater ter was United States marshal and the patents issued to Colonel Ro were annulled In Ia the early days prior to the time that the prison was taken taleen over o overby overby b by the United States It was no trouble to break away from prison for lor if a a prisoner got tired of it it he simply walked away a but when Colonel Patrick took tool charge guards were placed paced about the walls and notification given that attempts to get away would mean death and the attempts to escape were reduced rei re- re fd i ced to the minimum i 4 1 r Several Breaks I 4 Several breaks upon the part of I the the convicts have been made the first one occurring on March larch 14 1876 1816 just fifty years ago today I Captain Burgher was warden at the thet I t time Ume and t the e plot to escape was f the tle scheme of two desperate convicts convicts con- con Williamson and Cain They took a trusty named Smith in with them and at noon when Captain j Burgher was at the gate and Smith I was being permitted to pass he grabbed the warden and the pris- pris I were ne near r the gate ate attacked the warden while Smith held him and beat his brains out with cobblestones which they concealed In old socks Then in 1 getting out of t the e prison the con- con V victa viets in the scheme seven seven in num- num f t.- t. 1 f 1 4 j f. f k t cAA i t o l ber ben ran against another r convict who was a trusty and he was shot dead by Cain with the revolver which he had taken from the walden war war- den The seven then men then succeeded succeeded succeeded suc suc- In getting n away wa from the prison Cain was wesT never captured but Williamson and anti the five other convicts were captured In Dry canyon canon can can- yon on fifty miles west of ot Salt Lake Lakein in Tooele county Three months and one week later on June 22 a second outbreak occurred oc oc- oc- oc curled and Greenman who was waR warden having succeeded Captain Captain Cap Cap- tam tain Burgher tame ame near losing his life and did cost him his position Headed by Williamson who led the former break breal the tile convicts broke e into the guard room where all firearms lire fire arms were kept and arming themselves themselves themselves them- them selves held up the warden anc and I guards locked ed them all in a celland celland cell eel and then Doors of the cells In which a number of convicts convIcts conviCts con con- were locked were opened by Williamson and the Inmates forced to accompany him Among these was vas John T T. T Beegan under twenty years years' sentence for murder who after getting outside the prison se secreted secreted secreted se- se himself in the brush and when Williamson and the other convicts started away from the prison he went back into the prison secured a sledge hammer and knocked the lock off oft the cell In which the warden and guards were locked and let them out He ie re received received received re- re a a pardon for fOl his action ort rn-i September 5 following ving Williamson William William- son who took with him two of the finest horses belonging to the territory territory ter ter- at the prison wa was wal so successful suc sue in outwitting the posse that went vent after atter him th that t he was never heard from Another break in which seven desperate criminals participated fed was sas headed by Abe Majors In which one convict was shot dead three others were wounded as were were two guards There have been others others others oth oth- ers but not of the magnitude of those mentioned til Prison Population I The prison population as of date March 8 1926 was while the average population for January was and for February Of ot the population on on- March 8 8 there were white two twenty MexIcan Mexican Mexican Mex Mex- ican seventeen en colored two Jap Jap- anese This totals but but three of the prisoners are serving for two crimes Of the total number num num- ben ber ber were born in the United States and twenty-eight twenty In foreign countries As to o age in the February February February ary population two were under 21 years two 21 to 25 s seven v n 25 to 30 three 30 to 35 one 3 35 33 to 45 and others over that age Of or the total population on March l 1 there were vere employed while eight five eighty lie were ere without employment nent The rhe largest argest number of or the employed were in the overall fact factory factor ry and they numbered sixty while thirty were trusties and anel farmers fit fifteen en were in the dining room and ten looked after the s There are fifteen convicts serving terms for tor first degree murder thIrteen for second degree murder and seven for voluntary t manslaughter manslaughter manslaughter man man- man man- slaughter thirty five in all while those hose convicted for second degree burglary numbered one forty fifteen fIC- fIC teen een are confined for third degree burglary and ard twenty seven twenty seven for grand larceny or 01 for the three tiree crimes cited more than 50 per cent of the population are doing time On February T 28 there were sev sev- ent seven enty-seven seven actual actually reporting on parole while thirty six had vi vio- vio their parole and failed to re re- re port They will wi be returned to tle the prison rison or be asked ed to show cause wh why During the month of February ary ar arone one parole was terminated The earnings of the convicts on parole luring during the month of oC January Januar the latest available returns amounted to 10 o and the expense expense of the paroled men was showing the he net savings savings-of of the paroled men meno mento mento to o be he During the period that Warden R It I. I E. E Davis has been in control contro of the he prison which Is nine months four our prisoners escaped and all were recaptured and are now in the prison rison i Women Prisoners i 4 Four women are now incarcerated incarcerated n in the Utah State prison They rhe are Angeline sentenced for life ife for complicity In the murder of ot C. C A. A Faus She has applied for commutation Kele Nellie Trujillo sentenced for for in the twenty wenty yea year 3 s complicity murder of ot an aged man In Uinta count county Eleanor Van sentenced for twenty twenty ty y years for same crime as Trujillo girt girl Mrs Irs R. R R L. L Butler Buter robbery with wih her ler husband of ot a gasoline station staton sentenced for from five years to life ife le In addition additon to the thirty one executions exe- exe In the state and territory there here have been a number of others that hat have been convicted of ot murder In n the first degree and sentenced to o death but who escaped through commutation of sentence new trials or the te various loopholes by which criminals manage to obtain liberty and escape the punishment that should shoud be meted out to them The stor story of the murders that have lave occurred in the territory and state is told herewith he It I is of Unusual unusual unusual un un- usual interest and is believed to be most complete It I follows c 4 I First Murder I 4 4 The first murder committed in what is now the state of ot Utah after the he arrival of ot the pioneers was live five days after Brigham Young had said This is the place drive on the killing occurring On n Jul July 29 1847 1841 near a camp on City creek when a Shoshone Indian killed a Ute IndIan Indian In- In dIan lian the murderer escaping The next record of murder was 3 1 f J the battle batte of ot Provo Proy river where on on February 8 1849 Joseph and ana Is Isaac ac Higbee were killed Idled and seventy seventy- seventy seventy- five rive Indians slain Including Chief Old Elk Lat Later r on in the year rear In September at Ogden or rather what Is now now the site of ot Ogden an an Indian Night ight Rider r was killed Idled and anda nd a white l man ian an named Campbell Campbel perished Th The first criminal trial by a. a a jury In Iii 11 what is now the state of Utah occurred In the provisional state of of Deseret the tri trial l being held in Salt Lake Lale Ci City which at that time was not incorporated the tle charter for fOl the ct city not being granted or approved until January 19 1851 1861 nor had the state of Deseret or territory territory ter- ter 1101 of Utah been creatEd created Search of the records record's 01 does not disclose what the trial was was' for fj the only entry that can be found being On January Januar 3 1851 the first criminal trial by jury took tool place in the provisional provisional pro pro- visional sta state te ol ot Deseret Meanwhile the provisional l i IOV- IOV sov- sov of the state of ol Deseret had pas passed Ed out of ot existence and tile the the territory of ot Utah was created The first murder in the he territory of of Utah occurred In 1852 when Howard Howard How How- ard Egan a pIon pioneer er shot and killed James Tames Monroe who he claimed had ruined his wife 1 f. f The trial was u-as as held In the district court of Salt Sal Lak City Associate Justice Snow presiding and nd the jury returned returned-a a a verdict of ot not guilty guilty The The- prosecution was by United States Attorney Seth M. M 1 Blair while Egan was represented represent represent- ed by George A. A Smith and WilHam William Wil Wil- Vl liam Ham W W. Phel Phelps lam A L I Bloody Year The year 1853 was a year re r for tor the territory The The Walker Walker In Indian In- In dian diani diar war vax was fought which began In Sevier county where Alexander Keel eel was shot and In the contest that that followed twenty were were killed and m ny Indians were slain The The war cost cost OOOO In August r tour four ur men men inen namely Quale John Dixon and two others names not known were known were were two 1 killed led Th Then n. n in in Oc October ober William R Reed ed James Tames ae Helson on William Lake Lake- and Thomas Thoma Clark were killed at inta Springs jn In East Salt Creek canyon in Juab luab county count lin William Mills John Johi Warner and F. F F F F. Tindell Tin Tin- dell deli del were vere ere slain alain ln at af Santaquin Fillmore Fill Fill- Fl- Fl more mOla came in for for the he killing f of William Hailer Haller Haler and in th the month ot oi of September near MantU MantI Mant eighteen Indians were killed lied No ar arrests ests were ni made e. e to The most horrible murder of ot the he year rear was the massacre of of ot Captain Gunnison and sev seven n b of oC his men men on onO O October tober 24 when in camp on the eat east eat bank of the Sevia river fifteen fifteen teen miles milea mies from flOm where it flows Into Info Sevier lake bake of the one attacking attack attack- Ing ng party larty being slain Three In Indians Indians In In- arrested for the mu murder der were tried and convicted and sentenced to the |