| Show THE iTHE KilLING OF t CAPTAIN BROWN BROWNA A cI SI of Abu Aba Under J nf Duth ItT TOD AlTY JONIS thaI tat II Ilie Irl I 1 ft the rI rime IH rr lie liew liet w t S of the State young now aDd under of b for tur the killing of Police lup 10 Brown near Ogden on Sunday ian 0 A AprIl 10 0 1 tIN cam up ap bt before fON Supreme court today on IU H Jon Jones appeared in It If of the condemned man and the I Will represented pr b by Deputy At Al 17 General W A Lee Leeor iloni or was waa convicted at Brigham bf before re Judge Rola and jury u on 12 IbIS and Uld sentenced to 0 tit tt l the court ordering that the Sn Of lie 1 out July i iCle t UN Cle se h awaiting a bearing e c court ever eyer since August Aut Augustat at year r OJ OF CASE CAIE OrMY J Jones nn briefly stated the oue tow S S 55 r S out t r II In tb the afternoon April the defendant then aged ed abut irs slid nd III his elder brother Archie Archil 1 were high till up the thea fin a slope lope of jt the mountain aide In Ider county Utah th the sane time H if H Cordon Cordo Ute the g 0 of and Joseph sheriff ot of Weber c a with William Brown of wet re on 00 the same m mountain mounta t tt eide t I lOt y yards above bove and hd east of lbs 1 sled for foe form IS m Ib them down don downS dono S o eel of tit thu search wu was to so If the arret of tb the parties concealed ap alleged purported to occurred In naham CIt City the 5 tore he to wo concealed parties partle w were td by Ih the approach of 01 the pu pUT r trio emerged from their I hiding and resting place and hp side took precIpitate fU flight t the mountain slope westward tw at toot of which many inhabitants of S dee county were gathered to toI I the fleeing fugitives were wena sighted ie pursuer Drown Uron of 01 Ogden Oden for forS S 54 bl lits and without orden by bo the sheriff an when about t y yu lb of iu a an n tired Ired hn uy With U tha theme but the sheriff t 1111 U a t himself nor ordered to One f pursued topped stopped returned this with the o oon aga Sal on eta The three Pl tb tb ked lri It t the h second he ahot abot from gun un striking n Archie Aroble Major In III Inthe the back AI A turned and tell or tilling he be or the defendant fired a return shot hot at Brown which struck hIm anti nd he fell dead dad flie e de fell teU bt behInd a projecting rock rok about III ei t feet t an westward from where hi his brother lay and crouched the lower portion ut of It for ahel ter from the shots bot bout about tour four la in al alof all of the surviving h his hand hancl raised me a white flag All thIs transpired In 10 about mute urn mU Immediately after the two men Inen dropped and nd the Ihl sheriff and hd bad taken a couple ot of shots neb each at t the raised railed hand ot of th the crouching defend defendant ant they tey directly up to the dead dd bod body of th the Major HI He lay at right allee aigles with tb the line of shooting hi his head toward tb the south and nd near nar his hll right d lay tb the chambers 0 of which contained newly exploded shells el d lb remaining cham chambell bell were About six Ix feet and below his II lit 1 IsiS body OcI was a the crouching form torm of 01 the defendant behind the pr rock rork A bout About three tt feet still further wt west and nd below belo tb the defendant 1 WI hi bl I 44 sliver mount mounted which the Sheriff then picked up ap and Inel loud found every chant cham chamber beT ber loMet FAcTS The tact facts arisIng from a tw the oil Oft tb the one Mad hand and the teti mon mony of wit witnesses otI on the other are re Majors fire th the two to re return turn lurn shots the last of whIch killed Drown Brown as the Neck pistol art laying at t hi his rIght hand with the two Del newly exploded ed d Sheila would Indicate and me by b th tact fact that IbM tM the d 4 white handled run gun was u picked up loaded all 11 around roand or the it t the hll hi brother A Arehie 11 Was shot bot down dow b by his side turn tum turnaround around take aim Im resting over his hll left lefthand hand haDd and ft fire and kill Brown a SherIff Cordon 0 testifies U he saw w the defendant do TWO I HYPOTHESES This conflict bet between the M t testimony and anel tM the el circumstances gIves Iv rI rise to tw twe hypotheses In the ease The on one ad d by the Stat te to tile lb INt that U as Major MaloN was hot II by tb side Ide 01 lb defendant the sue 1 bot II t anti ad The Fite ether ther t theory for tor by the defense 1 is that instantly upon apo Arble Majors ajoN hearing U the report of the second volley 1111 be m mad up ilia hi mind to return tilt the tI fire and d u as be w Wi shot dot In the back hI he turned enough to 10 rt rest hili hie revolver on hi left arm d tired fired and nd killed Brown and nd t then fell leU dead himself with bl his heed d toward the at right angle anal of 01 the and ad that the younger brother did not fire a shot abot NETHER THEORY CORRECT I I The Tb VerdiCt SWill 0 o murder In ID the lit St dr degree Mr rOM iones contended was upon tIUI either theory Mr Jines brU believe the older broth did tb the shooting and la in this I Use the first reply shot al Hire lIned the second ODI Only two to were I d N Neither ot of those came from the I iun un Doth of them came anK from rom the same I In th the hands and guided b by the ye of r I Majors III first shot lot got th Ih range rani the second lid did the work At him the pursuer aimed from the natural Instinct et to WInk strike It et tM the head bed and nd because h he was tiring back Him they killed All these things corroborate ad Dd sustain tbt tb fixed facts nf cit the cue aa s do th the condition and dl di of tM tit two 1 revolvers at t tile the close I fit the tragedy TIlE rUE STATES PosiTioN Mr Cr 1 said there w was not a syllable of In Iii the th cue case to prove aa any 1 theory than that lbS deli shot and killed Ci Both Majors and his brothel to resist arrest JO the killing of deceaseS bp them done was the The evidence II Jon was hot and Ii required a much uy that the evidence Was I the After arguments had the court took the ss S meat S iI I I Court 5 li liThe The supreme court handed an of John 31 a Bird Jr sea Orande garnishee and of the be questin In Inthe the constitutionality o regard to the According lv S Sis S is for garnIshment law Birt wag alt employ S company whIch was ii the railroad contrail with the there was due Pled less than the S days Work the the statute Tits cass the district court and lbs ably of the slat Cherry held hat exempt mu rendered The with costs to lbs opinion I written by bythe the other members of bench concurring i OUter I IOther Other eases were 0 court today ci State vs James dismIssed on the ground hit was not perfected argued and ad J 5 nl 01 rA roi Rr Upon committee the tsa ncr e today tody admItted to lb the br bar ot of the State Sit U Jam Albert Howell wood Charles Chari JD E MItchell I Abial 8 ivy J bert H Beebe 5 t 5 or Bum c The Tb cue CUI of 01 P W VS J Allen ot et al was al call called for tor t j Jud Judge Cherry with UI ild Smith for d UI for tor defendants 5 The I is to recover l for tor the alleged unlawful bead ot of cattle attle and I is on appeal tOIl tOIla a justices court nun |
