Show BOARD II EXPLAINS ACTION I I Four Men Give Reasons for Commuting Sentence of Murderer Day BREEDEN SHOWS DISSENT Refuses to Concur in Statement Statement State State- ment mont Issued and Holds for Death Penalty Tour Four members of ot th tim estate board of yesterday Issued a lengthy ox- ox x- x of or their action in commuting the sentence of or Albert T T. Day from fromi i to life Imprisonment y iM-y General Breeden the time fifth firth member I of it the time board refused to concur in the action notion and briefly states his iris reasons as follows I 1 regret that I am impelled cop to my assent to the decision i r r. ae ached by my brothers of or the time pardonIng pardon pardon- In lug Ing board For Pot Forthe the r reason thai thal I am um unalterably convinced that Day hind had a at atair tale nit t Just and Impartial trial and thai tha t time iho verdict returned by tho time trial Jury was tho the only one that could have been n returned under evidence that Day on time the morning of oC the killing about live c or six minutes after a l brief but bul heated conversation cun con which had haI passed between an and 1 himself deliberately followed him Into Wares Ware's house and arid without nolice notice no no- lice tice or warning through a partially opened door shot his victim to death 1 T can see sec no mm exten extenuating circumstances In Iii the time case and anI I 1 am firmly o of time opinion that the time sentence of or dealt eath should be le carried out Therefore wIthout without without with wIth- out further discussion 1 must from the decision of or the time board Majority Gl c 1 c IU Time The reasons promulgated by the time re r- r rimming members of or time the board comprise the three members of or the time Su Su- Su- Su Ireme court and anti Governor Cu Cutler tier In In- In elude dude an explanation th that t. t accor according t to the time testimony of C Ware the time negro wItness witness witness wit wIt- ness of the time shooting of Voss there thOre th rc wano wa was UI no premeditation or evidence of or cold cold- The They also cite cUe ns as 1 additional reason that J. J II If Walker one of tho time Juror jurors who vimo helped convict con Day testified that tha his verdict hn had been forced by his tel tel- low-Jurors low and despite the vcr ld which he lie asree agreed to he lie was not convinced con con- vinced that premeditation had be been pro cn by hy the time state While this is a matter which th tim policy of or the time law wisely forbids a court cour of Justice from entertaining entertaining- it il ilIs itis Is In direct impeachment of or the jury jur verdict It does docs not follow Collow that It should not riot be entertained and considered u ut at utan an any time or place or for any purpose says sars the tho board If U this juror ha hamade had made Known the time state of ot his imis mind and am the time reasons that impelled him to agree to the verdict at tho timo time lime the verdict was war returned into court and before I Iwas It was received and recorded the time prose prose- a attorney tto ncy would not have asked not would the have 0 permitted Sen t tenet n to tri il u p ol ur vcr verdict lct After Arter the time verdict had beer been received am and recorded however It wa was too late t to hove have such a matter maller considered In a u acourt acourt court of or law If Ie we as assume ume however that all the tho other oilier Jurors would den deny Mr 11 Walkers Walker's ers er's statements and If JC we fur timer ther concede that the time matters testified to by hy him cannot be Judicially con considered consid- consid ld- ld ered still In view of or Mr Ir Walker standing In the time community in which h hhas lie he hehns has hns lived for tor upwards ls of ot fifty net years his age being i 04 years ears and anI his in In- In It Il still casts some suspicion upon the time Inte Integrity rih of the time verdict the time verdict and Judgment In lii the ey eye CC of or the time law are arc not affected thereby It still leaves a a. taint on both hoth in fac fact which deserves some consideration a at atour atour our hands s In a case of or tins this character The rhe people leOPie of oC the state o of Utah Ulah cannot canno afford to have the death eath penalty mulct- mulct mulcted cd ed when bas based d upon a ver verdict or jUdgment judgment judgment judg jUdg- ment against which there Is some well well- grounded g bu su In fact or upon which rests some taint of or serious Irregularity The statement continues h by reviewing time the testimony of character witnesses concluding with the time contention that Day Da Is not a vicious man maim and anI a belief bellet that Justice will be vindicated by life lite Imprisonment |