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Show Jail Break Plans ' f Develop At Trial; Kelly Sentenced i I I A wholesale jail delivery in which 1 ten prisoners planned to escape from I the county Jail by sawing a section from the prisoners" "tank" was brought to light In testimony yesterday yester-day afternoon In the district court in the case of tho state against Robert I Kelly, who was found guilty by Jury of second degree burglary and sentenced sen-tenced to servo from one to twenty ; years in the slate prison. Keljy was i convicted of the charge of breaking Into the sporting goods store of C. J3. Armstrong and stealing guns, schoes and other articles. Conies as Surpi'iMj The attempted jail break In which Kelly was shown to bo Implicated, was sprung as a surprlso during the afternoon after-noon session and paused intense and dramatic situations. Tho first Intimation Intima-tion that the state would ucc this evidence evi-dence against Kelly came when District Dis-trict Attorney S. P. Dobbs called Deputy Sheriff Dick "Wooton to the stand. N .. Mr. "Wooton testified that a recent attempt had' been made for escape of the prisoners by the sawing of a section of the bars of the prisoners' "tank" which contains ten prisoners. Ho stated he did not know who sawed the bars, but said that he had found saw marks upon the ceils of Kelly and his alleged confederate, George L. Davis, who was recently sentenced to a term in the state prison for the rob- Walter M. Hapton, who is now an Inmate of the jail on a charge of forgery and embezzlement was called! 10 the stand. He had been standing outside the court doors in the custody of a deputy sheriff nd his sudden appearance ap-pearance in court appeared to surprise the defense. Hampton appeared nervous nerv-ous and his faco paled as he took the stand. "Do you know of a recent attempt to break from the prisoners' "tank," he was asked. "I do," he answered. "Who was implicated In the attempt,'.' at-tempt,'.' came the question. ' "All tfie prisoners In the tank knew It. I guess." ! "State who you saw filing iho bars,", the district attorney said. "I decline to answer." District Attorney Dobbs then turned to Judge A. E. Pratt and said: I "1 ask thnt the court order the witness wit-ness to answer." "You may answer the question." Judge Pratt ordered. I District Attorney Dobbs then changed chang-ed his question and asked, "Did you see any hack saws in the possession of the prisoner Kelly?" "Yes," came the reply. "The state resis Its care," Mr. Dobbs isald. Cros Examination Hampton was then turned over to (the defense for orofis examination. He i . o . j I denied that he had offered his tcstl-i Jmony after any agreement with the' 'officers and when questioned In re-1 gard to his reason for Incriminating' .Kelly he saidt "If I did not answer I Would be In contempt of court." In his cross examination Hampton admitted ihat while he saw Kelly in, possession of the saws he did not see him actually saw the bars. Hyrum A 1 Bclnap, loiuisel for Kelly completed! the cross examination. I As Hampton walked from the stand Kelly was pale and trembling. Ht. I glanced across tho courtroom to, Georgo Davis, his partner, who Is now serving a sentence in the state prison .Gr the same crime which ICally wan 'ehargod. Kelly appeared to plead with, his partner In his glance across i tho room. I Davis Takes Blame I Davis was than palled to the stand ! and attempted to :houlder the entire crime. He declared he had committed the burglary himself. He admlttod that Kelly had served a term In the Nevada penitentiary upon the charge! of robbery. He mot Kelly, he said, in Ogden on the day prior to the robbery of the Armstrong store. April 22. Kelly denied having taken any part In Iho crime. The arguments were made and th1 case went to the j'lry. Wlihin forty' minutes the Jury returned a verdict of guilty. When the verdict was I j read the defendant waived time and! was sontonced to tho state prison for from one to twenty years. I The attempt to break jail wan discovered dis-covered by deputy sheriffs yesterday. No statement was made regarding the break until the case of Kelly was called for trial. ' Take Turns Willi Saws Kelly. Harry Smith, serving a sentence sen-tence for attempted firing of the dormitory dor-mitory of the state school for the deaf and blind, and Carl Tucker, who is being be-ing held for trial upon the charge of burglary, are the principles in the attempted jail break. Two hacksaws were found In the cell, with which the trio had sawed a hole about eighteen ! inches square in the sheet of the big tank. It was learned that the men I had taken turns in sawing, whll" (other prisoners serving sentences for petty offenses, were playing cards in the cage. It was found that Tucker had crawled crawl-ed through the hole and gone Into the! Jail corridor early yesterday morning I upon a reconnolterlhg trip. He then, returned to the tank. The officers were informed that tho big break was to be made early today by overpowering overpower-ing the night Jailer by calling him Into I the corridor and attacking him. Officers Of-ficers were ready yesterday afternoon In case Kelly was acquitted of his burglary crime, to rearrest him and charge him with attempt to break Jail. |