| Show sjef reported T HIRD H IRD J U DISTRICT boullt WEDNESDAY sept 9 am cast cohrt coart Cati rt met pursuant to adjournment marshal hunt was called to the stand and the judge said to him you are represented to me by beveral several gentlemen a poor unfortunate man alid arid I 1 am told that you frequently err we all err I 1 will therefore remit your fine and still hold you in the same recognizance as before to appear before this court to give e evidence a in such such matters as may be required of you to the traverse iury jury I 1 ury his honor said gentlemen I 1 have seen it stated somewhere that the judges iud lud ai of this territory are much in the habit of making speeches I 1 am not anxious to make makl a speech but I 1 am really anxious that the thi lawshall law shall bhail be administered I 1 am anxious to see juare done so far as the poor abilities I 1 possess possen will enable me to do it and that without fear favor pr reward because if we do not do this we must run into one wild state of barbarism halb haib arism therefore I 1 will tax my best judgment jud to bring criminals to justice and I 1 will wi 11 ll have those witnesses before this court who have for some cause gone without its process with these remarks and for reasons best known know nto to me I 1 adjourn the investigation of this cabe case until tomorrow to morrow morning at 10 at this place court adjourned till sept 22 at 10 am t THURSDAY 22 10 am court met as per adjournment the case of the people vs thomas 11 ferguson on indictment for murder was wag called and mr williams counsel for defens defense ei asked for a continuance till this afternoon the court would not do any such thing but would proceed with the trial without f urther further delay mr williams then wanted time to send to the library for authorities but his honor refused to wait and said that lawyers should have a library with them mr williams said that a man could not pot always have a library with him when it had bad been once burnt up I 1 his honor replied those remarks are not peTti pertinent nent to the case before the court mr de wolf moved that david A burr esq late clerk of the court be admitted a member of the bar upon which the judge re inar loar marked ked I 1 consider mr burr qualified to practice before any court of the united states and he will therefore come forward and be sworn john martin luce and neph nephi packer were held in the penal sum of to appear before this court any time during the present or at its next regular term to testify as wit ness mess espin the case 0 ot the people vs deloss melvin gipson the court then proceeded to pannel im a jury to td tI try ferguson as follows john ohn taylor aylor challenged peremptorily by defense richard R pettit here hickman and williams contended that the prosecution ought to pass upon the jurors first the dist Ai attorney torney objected and argued that in capital cases it was the duty of the defense first to pass upon jurors judge sinclair explained the common common law on the subject but said the territorial legislature had a right to control the common law and also to say who should sit upon juries his honor then referred to the late hi iury jury ury law and ruled that the defense arst rat pass upon each juror pettit was taken robert pearce challenged peremptorily by defense Heze hezekiah klah kiah 11 Thatch thatcher atcher cr ed by defense alonzo S blair taken i joel J terrel terre taken ellsha elisha brinard Gr inard taken jacob weiler vyeller VV eiler eller ch challenged alleged peremptorily by defense john reese taken isaac bowman challenged peremptorily by defense defence Lils Lewis Robison challenged peremptorily by defense joseph Woodman sep taken richard bentley taken S D sirrine excused by the court on account of sickness oliver speed excused by prosecution as a resident of first district t taken a ken E IV east had forn formed e a a an opinion by hearing the case before justices court the panel being exhaust exhausted edy the court issued an order to the marshal to summon sufficient to fill the panel and instructed the jury to hold no communication with any one except a fellow juror while the court bourt was waiting the return of the tile marshal orson pratt jun taken george boyd challenged 0 peremptorily by prosecution joseph B nobles was opposed to 0 o capital B T mitchell taken E P duzette taken 11 II L brigg taken the jury were then sworn by fours hosea stout esq opened the case for the prosecution and mr williams presented the case caso to the jury for the defense the following witnesses were called and those present sworn in mass for the prosecution parmenio A jackman william capener robert sharkey thomas carboy daniel gredig marshal hunt J W mccormick not riot present preg pres nt aurelius miner minor john squires rich ar dGill gill W WJ J mcfadden and david cand iana land la nd immediately after the examination of P A jackman and D candland mr air williams arose and argued that the prosecution were I 1 only allowed two witnesses by the statutes of utah i his honor said the assumption was preposterous berous and that the only object and design of the statute which prohibits more than two witnesses being called to prove the same fact is to prevent parties bein being 0 taxed with unnecessary expense 1 I the evidence for the prosecution was so I 1 positive and conclusive that after examining examining P A jackman david candland W J K mcfadden c william capener aure aurelius 1 ius lus miner and daniel grenig mr stout informed the court that he would rest the case on the part of the territory j the witnesses for the defense were charles putman marshal hunt J N Cochra cochran nand and isaac duffin but the defense set up did not amount to anything like palliation or justini cation putman had heard carpenter the de ceased make some threats but did not know who they related to mr cochran had lied heard deceased say on the morning ot the shooting in i that if ferguson did not let him alone a and na keep away from him he should have to kill him marshal hunt said sald he was io so drunk at the time that he did not know what took place mr duffin was simply called to prove that the prisoner a and nd deceased were partners but lie he proved oved instead of such being the case that ae the prisoner was only employed by deceased to make boots and shoes mr stout expressed himself willing to waive his first speech to the jury but the def defense ense objected I 1 therefore the court required require I mr stout tto to make some remarks whereupon he arose I 1 and called the attention of the jury to the law I 1 under which the indictment had been found see page revised statutes of utah williams and hickman addressed the jury for the defense and mr stout concluded for the prosecution I 1 the court instructed the jury in the law in a very clear and 1 impressive manner and at 3 vert verb 6 c 0 ck they retired in m charge of the marshal 1 1 i 1 A little after 4 welock the jury returned into court and presented the following verdict we the jurl jury find the prisoner thomas if ferguson G GUILTY I 1 TY of 31 MURDER URD E R in the first degree as char charged in in the indictment 1 signed 1 lizner yd richard rich ard bentley foreman the jury were polled by the court ans and found to be bee unanimous in their verdict the prisoner was remanded for sentence the case of the people vs deloss delosa melvin gipson was called up and the two important witnesses for the prosecution luce and and parker being absent judgment was waa entered on their and the case continued until the next regular term of court judge sinclair made the following remarks to the members of the tile PAR gentlemen of the bar I 1 have some words to address to you this court commenced its session on the last monday in july by the last appointment of the united states jud judge gess geff I 1 have done the best I 1 could to conduct the court in such a manner as would appeal with respect to the community I 1 have ordered judgment in all cases where DO no answers were filed before the of september and now nov having disposed of the criminal business before the court having kept the court open during the past two tivo months except a recess that if took flock in order to allow the attorneys time to go down to the other court I 1 do not know that I 1 am obliged to kee keep keap it open until all the disputed civil suits are I 1 disposed of and I 1 shall wind up the business of the court in the morning so far as taxing expenses concerned where inhere the jurors have served either the united states or the territory certificates of their service will be issued in order that they may get their pay after the expenses have lave been properly assessed tomorrow to morrow morning i in ido ydo I 1 do not know whether in the providence of god I 1 may ever sit again in this court at least one thing thin I 1 do know that I 1 have endeavored bored in the issue of legal proceedings to conduct the cases before me without fear with out favor and without af affection to any knowing in 0 bothin nothing but the law and the 1 i ties with which ellch I 1 was charged havin having been sent here by the authority of the cited united states to discharge its functions I 1 may have erred who has not I 1 have held open the door for tor correction I 1 have had no personalities no andy and while taking leave of you it is but justice to say while I 1 have hive been under the necessity of calling ng members of the bar to order in endeavoring to bring them to those forms which are according to the order of the highest courts in the country that nothing has transpired to cause me to resort to those extraordinary measures imea that are sometimes led to by perjury violence and disorder i sitting here as I 1 have done and called to to this responsible position without asking for it I 1 have endeavored to do the best that I 1 could I 1 take leave of you so far as the business of this court is concerned so far as the contested cases are concerned with somewhat of a feeling of regret but I 1 do not know that I 1 am called to continue it further in cases upon the civil docket where witnesses could not be got aliases have been issued the criminal docket I 1 have disposed of I 1 leave with w h regret egret because b cause when we become acquainted t ed there the re are associations and ties that we do not j like ike to sever but I 1 have in my own breast my reasons for taking athis athla course 1 la in thu thus anno auno uncia to you this abr fagis facts mit me to say that I 1 leave with the best of feelings towards a ads you and while I 1 shall deal with public questions as public property and as a public man there is no man on gods green earth that I 1 have the least personal malignity a against ainest court adjourned till tomorrow to morrow morrion morning at j 10 FRIDAY 23 10 am T S williams esq filed h a motion for a new trial in incase case of the people vs thomas if ferguson fermon which was overruled by the court the prisoner was ordered to stand up and the judge pronounced the sentence of death upon him in the follow following language after a fair and imp impartial ar tia 1 trial by a jury of your count countrymen you oil oll have been found guilty of murder in the tile hirst first degree the punishment of ivsich is DEATH have you anything to say why the sentence of death should not be j passed upon you here his is honor parsed and the prisoner re plied piled blied to the interrogatory interrogatory 0 as follo follows Ws noth ing only I 1 should li like ilke e to get up a petition and see if I 1 cant get reprieved the judge in informed him that that was an after consi considers dera I 1 tion and then resumed the pronouncing of the sentence it becomes my painful duty to enter the sentence of this court you have sent a fellow being with all his sins upon him into the pr presence of his god the safety of life and i of property is the foundation of all true government ern ment government must be sustained or we go into one universal state of wild ruin and disaster there is nothing that touches the feel feelings in ll 11 Is and senses of persons more than to see a fe fellow I 1 creature in the condition in which you now are awaiting the sentence of this court your situation is unfortunate think of the evil you have done and repent of it few everi even in the wild rane ran range e of mountain life with all its vicissitudes aid and exploits and with all their bravin brav ings s of death in madness when they come to inow know that they have to die to go down into the grave but that it induces within them most solemn thoughts T it becomes my duty to tell you to prepare for that solemn change and to prepare to meet your our out god for as I 1 said before the law must be e preserved and magnified men cannot shoot down their fellow beins bein beings s and the law cease to take its hold or to ad 2 minister the punishment that the crime deserves you must have these feelings in your own mind for there is no man who is not steel against every good emotion that is in the heart of man but must feel to regret that i he ever warred with a fellow be bein inana inand gand took the life of another the sentence of this court is that you be taken hence to the public jail of this county and that on the day 0 of october you be taken to a proper place in this district to be designated by the proper officer and there between the hours of 12 and 1 be hun hung b by Y the neck till you ou are dead and may gou god h have a ve mercy on your soul john 31 luce tand tind nephi packer came forward and were bound in the sum of to appear in in this court at the next regular term the traverse juries were discharged and court took a recess till 4 pm at which hour it resumed its session judge Sin sinclair clait havice having discovered that the of october would be on sunday and not wishing aishi ng to desecrate the sabbath with a public execution ordered the prisoner to be brought into court and re sentenced him chan changing in the day of execution to friday the of be october tober court adjourned till next term J V 1 LONG 0 v r reporter |
