Show BOYER SANITY TRIAL METHOD BEING DRAWN Jury Finds Slayer Guilty of Murder in First Case St Special to The Telegram FARMINGTON March 27 27 PaschalL Paschal L. L Boyer Bayer convicted by bya a jury at 1020 t p. p m. m yesterday of first degree murder must rest l his s' s hopes of escaping a firing squad upon an insanity trial tria here or an appeal to the state supreme court Tho The verdict was returned after an eight-day eight trial on charges Boyer Boyar shot and killed Mrs Blanche N Nelson Son Sonin In Davis county county's Sabbath slaying carnival last October 13 in which three other persons met death and anda a a. fifth was wa wounded Judge Eugene E. E Pratt continued proceedings until Ulti 10 a. a e emo m. m Tuesday tp rul ruI on procedure to be taken In a n. second trial to con con consider sider aider only the question of BoyerS Boyer'S s sanity at t the time df t the l Ge Gets Second Hearing Conviction In the first trial automatically auto auto- automatically mati cally gr grants B Boyer Bayer yer the second hearing bearing Dr Garland H. H Pace superintendent dent of the state mental hospital and Dr Foster J. J Curtis of ot the Veterans' Veterans hospital at t Salt Lake City already have been named by the court as alienists to assist at the second trial Boyer has hu been returned to the Salt Lake county jaiL JalL The Tho verdict came after seven hours and six minutes of delibera delibera- tion The jury received tho the case at p. p m. m and returned to the courtroom at 1021 p. p m. m Guilty of murder In de de gree Foreman Charles read the verdict In the hushed courtroom When it was evident that the jury ury had not recommended life imprisonment imprison Imprison- ment meat and the verdict was In effect a death sentence for the defendant a ripple of ot whispered comment broke out Boyer foyer Impassive There was wa-s no demonstration however although many relatives and friends of th the victims o of the murder orgy which led to to Boyers Beyer's arrest arret were among tho the spectators spectator Boyer listened impassively to the verdict Maintaining theIron calm cairn displayed throughout the trial he made no comment and showed n no emotion Mrs Mr Boyer also greeted tho ver- ver I Continued on an P Paz Pan your Pour ur I Column Three BOYER GUILTY FACES RETRIAL FACES RETRIAL Continued from Page Pare One Olle diet dict In in fit stoical s oc l silence She Sli had baI awaited the v verdict t with her hus hw- husband hiLi- hiLi band In in Sheriff Sheri Joseph Holbrooks Holbrook's office and her demeanor reflected the he strain of the long trial Jurors said six ballots were taken The first vote listed eight for conviction of first degree murder murder mur mur- der and four for second degree con Move Iove for Second Case The he state had demanded the first degree murder conviction without a recommendation n for clemency while the defense conceding Boyer Boyero to o have been implicated in inthe the crimes urged conviction of at a lesser degree degre of homicide With the verdict recorded Judge Pratt immediately set machinery in motion notion for tor the second trial on the Issue of Boyers Boyer's sanity He offered opposing counsel opportunity opportunity opportunity op op- op- op to examine the jurys jury's qualifications to sit in Boyers Boyer's se seb seb- ond trial but the tho defense objected d dt t to o this procedure a as contrary to law He contended the procedure suggested aug- aug by the court under the tho new Utah statute permitting dual pleas pl u uin in n murder cases cases- where insanity claimed as a's as a det defense se to be e unconstitutional unconstitutional emphasizing his intention Intention tion ion to test this Issue s ue before the state supreme preme s court Wade M M. Johnson district attorney attorney ney ney fleY agreed to examine the jury however and one of ot the jurors Frederick E. E Mitchell said he believed believed be- be he would be influenced by evidence in the first case cose if h he be satIn sat I In n the second trial I If If Boyer Byer is found sane ne Judge Pratt must sentence 1 him m to death If It deemed insane at the time the crimes crimes' were committed he will bo be remanded to the custody of Sheriff Sherif Holbrook until his present mental status is determined M Mr indicated Boyer has las expressed a desire to be hanged if f the death penalty is carried out Boyer B er w was s tried only on the charge of murdering Mrs Nelson an ot of the Packing company Mr and Mrs rs 3 J. Loren East and George eorge Reich of r Salt Lake City also were slain in the series eries of ot murders t that hat a occurred on the night of at October Octo Octo- ber 13 1935 In the vicinity of Boun- Boun State States Theory Told Keith of North Farmington Farming Farming- ton on suffered a flesh wound during the murderers murderer's mad patrol of the new highway y after the murders The states state's theory is that Mrs Mra Nelson was shot by Boyer an acquaintance ac ac- ac- ac in front of or her home at Woods Cross when she spurned his ils advances Boyer the state tate charged then drove with her b body dy to a spot lIpOt near the East home on the Bountiful cemetery ce road and dragged his hs victim vIctim vic vIc- tim from the car Mrs East was killed because she witnessed the disposal of at Mrs Nelsons Nel Nd Nelsons Nelson's sons son's body and her husband was shot hot when he ran to his wife's as assistance as- as s- s the state contends Bullets from the bodies of the vie the vic victims tims were were identified by a ballistics expert at the trial as a having been fired from a gun found in Boyers Boyer's possession when ho was arrested at atthe atthe t the Log Cabin resort near the Davis- Davis Salt Lake c county nty line Mr Reich was shot ahot while driving with friends from Ogden to Salt Sail Lake Lako City The defense offered no evidence to refute the states state's charge basing its plea for conviction on a lesser degree degree- of at homicide than that asked by the state on the tho assumption that Boyer was was Insane insane when tho crimes were committed |