Show THIEDE WILL HANG the wits wife murderer of murray will epaty his crine crime on the gallows the deseret news 0 gives dives the following account of the bent sentencing encina of charles charl es thiede tile wife murderer by jud judge jude e bartell bartch on monday to be hanged by the neck until lip he is dead that was in brief the sentence passed upon chas thiede by judge bartell ISar in the third district courtroom this mornin morning for the wilful murder of his wife in april last the prisoner was brou brought C bt down from the penitentiary by two guards and ushered into court a few minuses before 10 there was a crowded audience in waiting to learn the result thiede now presented a manner manner aud and appearance altogether at vari variance with liis his former bearing ile he had lost his old time nonchalant air his faco face wore an anxious look hi his eyes were red as though from crying n or loss of sleep and he looked a thoroughly dejected being as if fe fearing arino tha that t all hope had fled while judge bartell bartch was passing unon the alie motions for a new dew trial and in arrest of judg juda m merit ment argued by counsel for th the e defense last week the prisoner sat in a chair against the bar enclosure and strained his car to catch every word that fell from the lips of the court the judge said in the case of the thel people vs charles thiede this was based on a motion in arrest of judgement jud gement and lor for a ilein trial I 1 deem deem it unnecessary this morning in in pa passing qs i n upon these thee motions to discuss their merits suffice lee it to say that I 1 have very carefully examined the points that were raised by counsel for defendant on oil both of those motions also on tile questions that were raised in regard C to the charge el of the court and the point raised in regard to the jury being satisfied beyond a reasonable doubt or not being satisfied with each link in the chain ot circumstances beyond a reasonable doubt in ili consider considering im the cases that seemed to be adverse adverse to that it will be noticed that they were cases where the evidence was wholly circumstantial in ili one of these cases it was agreed by counsel that the evidence was wholly circumstantial the supreme court of colorado in that case considered the instruction wrong 0 in a case similar to tile the one u under ader consideration where the same language is used in ill the state of illinois Illi poi ills the court refused to take that view of it anti and I 1 think for perhaps the best reasons I 1 have nofi noticed ced in ili the case at bar the prosecution introduced evidence tending to show a confession I 1 think that that confession would be in the nature of direct evidence theair the circumstances cum stances on each side ride will lead up to that particular part of the testimony and show as to whether or not in the light of these circumstances circumstance cum stance stances the confession is true I 1 take it that while perhaps that expression I 1 might bo be somewhat modified if counsel counsil had called tile the courts attention to it at that time it undoubtedly would have been modified d referring ferring ip entirely to tile the circumstances in regard 0 to the evidence or admission in in evidence on oil the part of several witnesses bitne es as to the voi iTon nans ians ber screams earns find and the tha evidence evid enco in reference to the app arance of the deceased and the defendant on oil apar a particular occasion while there me aie a few authorities that condemn it to it a cei certain tain extent I 1 think the great weight of authority is the other IV way a y I 1 think therefore there foie under all the circumstances after giving it lair and impartial consideration desirous of getting at the truth of the whole matter and at the exact questions of law involved in it I 1 am of the opinion that both motions should be overruled judge cherry on oil behalf of the prisoner we take exception to both prosecuting attorney ilowit rising if tile the court please I 1 now move for fol judgment M upon the verdict TO DIK DIE A deathless silence prevailed as judge bartell Bart cli looking across at the prisoner said in it a strong tone of voice charles thiede stand J up thiede trembling like an all aspen aspell leaf at once obeyed the command the court asked have you you anything any to say why the sentence of the court shall not be pronounced against you the prisoner appearing half dazed did not seem quite to understand what was said to him and jud judge jude 0 e bartell bartch repeated the question all I 1 have 0 got to say responded thiede in a hesitating faltering voice voice is that I 1 am not L guilt u alty of the charge I 1 am charged n with god in heaven knows I 1 lam am not guilty the man mail who did it is the only one under heaven that knows that I 1 am not guilty stretching china forth his right ri lit arm and pointing heavenward the prisoner excitedly exclaimed io in a loud voice 1 I 1 dont know anything any tiling about it only him who murdered my dear wife knows I 1 am not guilty of the crime I 1 am charged with As thiede concluded the last sentence bespoke he spoke tremulously and tears came into his eyes it looked for a moment as thon Z li lie would break right down but lie ho pulled himself together again and listened attentively for what had to follow haleyon Ha have yon anything further to say asked the court deliberately no was Thi edes feeble response then judge bartell bartch proceeded to pronounce sentence ile he said you were indicted by the grand jury of this judicial district for the crime of murder in the first degree you have been tried by a jury in ili the manner proscribed prescribed by law and found guilty of that crime the penalty fixed bythe by the statute for the crime of which you have been convicted is death this must be inflicted either by hanging 0 you by the neck until you arc dead or by shooting you 3 at your discretion which mode of death do you elect shall be inflicted indicted upon you thiede momentarily turned very pale and answered in words broken by inward er emotion notion if you think you have strength 0 enough C in your own heart to put an all innocent man to death I 1 will leave it to you judge C bartch you will leave it to the court then thiede merely answered yes judge howat I 1 think tile the defendant should elect or refuse to elect jud judge Q bartch do you refuse to elect which mode of death shall be pronounced against you thiede I 1 will leave it to you judge C bartch well do you still refuse to elect which thiede yes sir judge 0 bartch it is the judo judgment 0 of the court that you you chas thiede be taken from hence bence to rome lome place of confinement until tuesday the esth da day of december 1894 and between the hours of ten tell in the forenoon of that day da and two in tile afternoon of said last named day in the yard of the jail or place where you you are arc confined or in some other place iaac provided within this judicial district ou oil be hanged by the neck until you are dead and may god have merey on oil your soul the prisoner then sat down and big tears coursed down own his cheeks cheek judge cherry broke the silence by saying if the court please we desire to ask for sufficient time to prepare it a bill of exceptions we lesire to take this case to the su pherne court conn of the terr territory hory the court g anted thirty days day with which counsel expressed himself satisfied the condemned man was at once removed to the hie cage in the marshals quarters and there remained about an hour to the cobit rot porter of the news lie he repeated his former protestations tationa of innocence and declared that the real murderer of his wife was at this thia moment stalking 0 around ile he knew he be could s oon find him he said if he could regain liberty for a short time anil and stated he was sure that the truth would yet prevail little annie who is id now staying with the mother of the attorney Whitte whittemore moie was not 1 in 11 th the e courtroom this morning but she had an enter interview view with her father just after the passing of sentence when heu informed of the result the unfortunate child bobbed as though her heart would break and thiede himself shed copious tears the parting was it sad pad one as thiede bid his little pirl girl goodbye good bye before his removal to the p penitentiary |