Show But One bi Slayer Chose Hanging Haging I Instead of Facing Firing Squa the on-the refusal of the warden to comply Corn com ply with the demand Marshal Patrick Pat Pat- rick wih seized seize all ll territorial prisoners prisoner I cor-I and took them to the penitentiary In seizing the territorial prisoners prison prison- ers and a check was made of or them one Kilfoyle was ml missing He had bad been sentenced for murder to a along along along long term of oC Imprisonment and on refusal Of Warden Varden Rockwood to turn turnover turnover tur over the missing convict the warden warden warden war war- den and City Marshal McAllister were arrested for resisting an art of ot- ot The arguments in the court b by Judge Baskin and Judge Morgan Morgan Mor Men gan who prosecuted the charge and Tom Fitch FIch afterwards an aspirant aspirant aspirant aspi aspi- rant for United States senator from Utah who was one of ot the lawyers for Rockwood and McAllister were unusual unusually heated but in the end Justice Hawley In iSle Third district dis dis- court before whom the heating hearIng hearing hear heat Ing ing was heard held that Marshal arshal Patrick was right and that the warden and city marshal marhal should have surrendered the prisoner and they were held to the this grand jury I In the sum of 1000 each 1 I the guards an and fatally wouna jp Captain Bergher who died lt tl days later escaped from the pris All were recaptured and them W. W D. D Phelps was sh oi fatally wounded by Sheriff J John ln 1 Holladay who had tried to c capt t him near Santaquin in Utah Itah c cj coui William Tracy was the firs hi derer of 1876 1816 He lie was indicted murder and convicted of ot m slaughter He appealed to th the preme court alleging as errors t tj the statements made by de deas deas ea as dying declarations and admit as evidence was error tha dence showing that the thai slain was of violent temper which j rejected was error The was reversed by the o and for a new John C. C Wiggins w Was js indicted murder on March larch 8 1876 He J I be been n convicted of murder I In first degree He was sentenced be shot on ott March 23 1876 1816 HI Hf peal to the supreme court 4 count of ot alleged errors was den the court holding that non nonI none non i found and therefore the jUdg of the tri trial l court was affirmed A second revolt occurred at all territorial prison on June 2211 when the convicts took posses possess of ot the prison and seven escaped that day and four others suc e in making their escape on the theja day th b |