Show COUGHLIN MUST DIE DIB State Supreme Court Overrules Overrule his Motion for forA forA forA A New Trial The supreme court met yesterday and after alter transacting business as follows adjourned ad adjourned until the first Monday in April the of the month The opinion was handed down in the case of Patrick Coughlin and Fred George the former convicted of of- murder in the first and the file latter of murder murder murder mur mur- der in iii the second degree degre for the killing of Deputy Sheriff Dawes and Constable Stagg in Rich county The opinion which affirmed the ruling of the lower court in denying a motion for a new trial was delivered by Chief Justice Zane and co concurred in ill bv by Justices Justice Miner r and and Jacob Johnson The defendants were tried in the Fourth district at Ogden before a jury i I with wills Judge Bartch presiding The exploits exploits ex ex- of Coughlin and George are still fresh in the minds mind of the public They were being pursued by the officers who held warrants for their arrest on charges of horse stealing tealing and other crimes They fled from this city to the mountains and after afler shooting at the officers whenever whenever whenever when when- ever they got a chance made their way to Rich county and took up a position ina in inabin ina a rabin cabin near the Wyoming line Stagg and Dawes accompanied by other officers surrounded the cabin and the outlaws sh shot t Stagg and Dawes killing botn botu from the shelter of the cabin on July 30 last Coughlin was found guilty of murder In the first degree and sentenced to death by shooting shouting George was found guilty of murder in the second and sentenced to imprisonment in the penitentiary for life A motion for a new trial was made and overruled The grounds ground on which the motion was was made were that the court court refused to accede to certain requests re requests requests re- re quests to charge the jury based upon the presumption that there was evidence tending to prove that Dawes when killed and the others with him were at attempting at- at tempting illegally to an and George because Stagg was as out of his county at the time and Dawes Daes was there ill illegally e The Tile op opinion nion sa says sas s that thaC Stagg and the oth others rs had reasonable cause for beli ug ng the persons s th they v wt-re wt attempting to arrest arrest I had al om c-om committed a f felony l ny and that Stagg Stag and the others though acting as priva private c persons had the right under the circumstances to arrest Coughlin and George George jeorge Various other err errors rs in admitting certain certain certain tain testimony and excluding other testimony testimony testimony mony were urged but hut the supreme court found no error and affirmed the judgment of the lower court It now how remains for lor or the sentence ol of the court to be carried out although the point seems to bein in doubt whether or not an an appeal to the United States supreme court would lie The defendants defendants defendants defend defend- ants ants were convicted under the territorial form orm of government and although the appeal was passed on by the supreme court of the the state it is thought by some I that the defendants would not lose of their rights by the change from territorial terri- terri to state i conditions Herald |