AT LAST.

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FRED HOPT SHOT

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AFTER SEVEN YEARS OF WAITING.

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HOPT PAYS THE EXTREME PENALTY OF THE LAW.

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Complete History of the Horible Tragedy

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Justice has long been delayed in Fred Welcome, or Hopt’s cas. It is over seven years since the awful crime for which he has now paid the penalty, was committed. The fiendish murderer through his several attorneys has, during these years used desperate efforts to to defeat the ends of justice, but on the other hand, there have been those who, though ready and willing to give the scheming criminal every advantage the law allowed or opportunity to demonstrate his pretended innocence, have faithfully and unfalteringly guarded the interest of justice in connection with this notable case. Few criminals have had such leniency extended to them, as has this merciless assassin, either from courts or those who have been more deeply and immediately wronged. Years have elapsed since he stained his hands with the blood of Johnny Turner; during which time he has had trial after trial, and been allowed appeal after appeal, notwithstanding the plain, uncontradicted and unmovable facts and circumstances establishing his guilt, and the horrifying and almost unprecedented heinousness of the deed. All that it has been possible for the law to do without defeating its object, has been done for this man. Every technicality possible of futher delaying the execution of the law has been made available and worked for all there was in it.

After seven years, the Supreme Court of the United States put an end however to Hopt’s hopes of further dallying and delaying the course of justice. It was decided some weeks ago that he must die, and in pursuance of this decision, from which there was no human means of escaping, Hopt’s last day on earth was set.

THE INCIDENTS CONNECTED WITH THE TRAGEDY,

And the reports of the several trials of Fred Hopt, have already been published in the ENQUIRER. It will not be out of place, however, at this time to again review the circumstances connected with this case. The circumstance that first alarmed Sheriff John W. Turner, and started him off on the trial of the murderer of his son, was the receipt by him, on the morningof July 19^th, 1880, of a telegram, which stated that a man named Fred Welcome had appeared at Piedmont and sold a team, which the sender believed had belonged to the Sheriff. This dispatch created in the mind of Sheriff Turner the gravest apprehensions, for about three weeks prior to that time his son< John F. Turner, had left Provo en route to Park City with a four horse team and wagon for the purpose of obtaining employment. The Sheriff at once telegraphed to Piedmont (a station on the U. P. railroad) for further particulars, and received a second dispatch, stating that Welcome had sold two team, one very cheap. The father remembered at once having two weeks previously received a letter from Johnny, who was then at Park City, stating that he had me with Welcome who represented himself as having a good job, and induced Johnny to go along with him. Immediately receiving this second dispatch, the Sheriff, accompanied by his deputy, Thos. Fowler, started out by way of Provo canyon for Park City.

The morning after their departure, there appeared in a Salt Lake paper a communication from Echo, in Summit county, announcing the discovery of the boy of an unknown man at a point seven miles from that place and in Echo canyon. The body was in such a state of decomposition as to be unrecognizable. A coroner’s jury were summoned and an inquisition held, the verdict being that the deceased, who was unknown to them, came to his death by wounds inflicted upn his head by some person or persons to the jury unknown. THeody was found wrapped in a tent, and five large rocks were lying on it. The description given in the letter exactly accorded with the person of Johnny Turner. A Park City paper also, about the same time, reported the discovery, stating that when found, he was nearly nude, a shirt and one sock constituting his entire apparel; that a piece of tent, some hay and a number of large rocks covered him, and that it was supposed

AN EFFORT HAD BEEN MADE TO BURN HIM.

On arriving at Park City Messrs. Turner and Fowler learned of the finding of the body, and from the description given, he was convinced that it was the body of his son. He then proceeded to Coalville and obtained the co-operation of the sheriff of Summit County, and together they traveled to piedmont, where he saw and identified the wagon that had been taken from Provo by his son John. Mr. Turner then telegraphed to an officer at Green River, giving him Welcome’s description. A dispatch in return was received from the officer announcing that Welcome had sold a team there. Mr. Turner proceeded to Green River and identified the property, but found that Welcome had left and got seven days start of him. Turner went on to Rawlins, where he learned that the murderer had been drinking and gambling and spending money freely, but was unable to learn the route he had taken from that place, though the presumption was that he had gone east. Turner telegraphed to Cheyenne, Omaha, Kansas city and Denver, and started for Cheyenne, where he arrived on July 23^rd. He and sheriff Allison immediately went into the telegraph office and there met Jeff Carr, the detective to whom he had telegraphed. Mr. Turner enquired if he had received his dispatch, and if so, whether he had any trace of his man. The detective replied that he had received the dispatch and had a man spotted. He drew Mr. Turner to the door and asked him if he could recognize Welcome. Turner looked out, and there on the platform he saw the murderer of his son; he pointed the man out to the detective, who, with a policeman, approached Welcome and disarmed him of a short heavy revolver, and arrested him. Sheriff Turner, momentarily unable to restrain his feelings sprang upon Welcome and caught him by the throat, exclaiming

“YOU ARE THE MURDERER OF MY SON!”

Immediately after the arrest, Mr. Turner stepped into the telegraph office and sent the following message to the Enquirer, which was duly received and read on the following morning in the Bowery in this city during the Pioneer celebration exercises.

“Welcome, the murderer of my son, arrested here (Cheyenne) by Jeff Carr, of the Rocky Mountain Detective Agency.”

On learning of the facts connected with the arrest, and the meeting of Turner with the cowardly and brutal murderer of his son, the public were amazed at his self possession. It had been almost universally believed that should Turner capture the miscreant, there would be no necessity to fear the law’s delay; indeed everybody seemed to be prepared to hear of Welcome’s death in connection with the arrest, but the sheriff’s conduct throughout only showed what marvelous self control and high regard for the law he was possessed of. He never for a moment forgot that although he and his family had been grievously wronged by this man Welcome, he was an officer and should be the fist to see that there was no unauthorized interference with the course of justice. It was not without an extraordinary, if not super human effort, however, that he succeeded in subduing his natural impulse. We have been told that when the party returning to Utah with their captive, were passing the place where young Turner’s body had been found, the sheriff, fearing that he would be unable any longer to restrain himself, handed his gun to a companion officer. Throughout that whole trip, and until after Welcome was securely jailed in Salt Lake City, Sheriff Turner never slept a wink; he stood guard over Welcome constantly, from the moment of the latter’s arrest and until he was placed in the penitentiary. It was on the night of Sunday, July 25^th, that Welcome was imprisoned in the pen. Next morning (Monday) he was taken before Judge Sprague, U. S. Commissioner, for a preliminary hearing. The prisoner pleaded not guilty, waived examination, and was sent back to the pen, where he has since-over seven years-remained. It was after his arrest that he admitted his name was not Welcome, but Hopt, and that his parents lived in Wisconsin.

Tuesday morning the remains of John F. Turner were brought to Provo by the grief stricken parent. The entire community had been aroused to the deepest sympathy for the bereaved family, and it was not surprising to witness the scene which took place on that morning on which the body was brought to Provo. Over two thousand persons assembled at the depot and awaited the arrival. As the train came into the depot and Sheriff Turner appeared, the sorrow of the vast multitude was plainly visible, scarcely a tearless eye could be seen; and as the box containing all that remained of young Turner was lifted from the express car on to the platform, the grief of those who had gathered around and had been his friends and companions while he lived was uncontrollable.

It was indeed a mournful procession that followed the remains to the home where awaited their coming,

THE GRIEF STRICKEN MOTHER, SISTERS AND BROTHERS.

Flags on many of the buildings were hoisted at half-mast, and in every direction on the line of march the most solemn respect and condolence were shown. The funeral was held in the Provo Meeting House on Wednesday, the 28^th, just twenty-five days after the young man had been foully murdered-the date of the killing being July 3^rd. The remains were interred in the Provo City cemetery where a monument stands to the young man’s memory.

The circumstances of this foul murder were as narrated by us in our issue of July 28^th, 1880.

About two weeks before the date of the murder, young Turner went to Park City with two horse teams in search of employment. Wile there he met Fred Welcome, who had at some time previous been an inmate of the Utah County jail, charged with horse stealing, and who had been given-unusual liberty though a prisoner because it was believed by Sheriff Turner that he had been used as a scape-goat in connection with the crime for which he had been placed in the Sheriff’s custody.

On the night of July 3^rd, young Turner and Welcome camped near the McHenry mill, half a mile away from Park City. Young Turner had taken off his coat and boots and was sitting on his bed, when the assassin crept up behind him and struck him on the head with an axe breaking in the skull, and as he lay, struck him again another fearful blow, breaking the jaw. The young man neither spoke nor moved after he fell. Welcome then rolled the body up in a tent, and put it into the wagon, where it remained until the afternoon of the 5th, when the murderer started off with the teams and wagon containing the corpse, for Echo canyon. On the road a young man named Beesley of this city met and recognized Welcome who was on the outside and driving. Beesley enquired of him as to Johnny’s whereabouts, and Welcome replied that he was in the wagon asleep, when Beesley passed on. On arriving at the spot in Echo canyon, before described, and where the remains were discovered, first by a little boy, Welcome lifted the body out of the wagon, threw it down upon the ground and covered it with the tent and a lot of rubbish, over which he placed several large rocks. The murderer then leaped into the wagon, arrived at Piedmont, where he sold the first team and wagon as related above. It was the sale of this property, of which he was informed by telegraph, that fist caused Sheriff Turner to apprehend that some foul play had been committed. The object of Welcome in thus murdering the young man was evidently to possess himself of the property, and by selling it raise enough means with which to get out of the country. It was evidently his intention to get back into one of the Eastern States, where his capture would be much less probable.

Soon after Welcome’s incarceration in the pen, he “confessed,: and in his so called confession associated another party- one Jack Emerson-with the crime; in fact he place the actual killing at Emerson’s door. He said: “On the night of the 3^rd we had gone to the camp and young Turner had taken off his coat and boots and was sitting beside his bed. I was at the near end of the wagon, about 15 or 20 feet distant, putting in the nose sacks, when Emerson came up behind or beside Turner, and struck him on the head with a heavy board or a club, and then came to where I was and said, ‘I’ve fixed the son of a b-‘, When he said this a cold sweat broke out all over me, and I sank down beside the wagon, and I cannot tell what I said. I heard the blow struck; It was

A DEAD, DULL SOURT OF A SOUND.

Young John never spoke a word, nor uttered a groan, nor made a move. I believe he struck him twice, but I could not tell where, as I never looked at the body. Emerson got a bottle of liquor and kept me full. He rolled the body up in a tent and I helped lift it in the wagon. We had intended to start out on the morning of the 5^th, after the Fourth, Turner to accompany us; but we did not do so until the evening, and we traveled right along to the place in Echo Canyon, were we camped. I went to sleep, and Emerson stayed up and got something to eat. I suppose he lifted the body out. Did not see him do it, and I never saw where he laid it.”

Welcome, as it will be seen, accused Emerson of the actual killing. Sheriff Turner had no confidence in the “confession,” though he had good reason to believe that Welcome had an accomplice, not only from what Welcome stated, but from the statements made to him by parties in Park City. Immediately after his return to this city with the body of his murdered son, the Sheriff had printed by the Enquirer a number of bills which were sent broadcast throughout the Territories and States between this place and Chicago. The bills offered a reward of $300 for the capture and detention of Jack Emerson, and gave a complete description of that person. A day or two afterwards, Sheriff Turner received a telegram from Constable Moore of Park City, stating that he knew where Emerson was and requesting the Sheriff to come out to Park City immediately. The Sheriff started off, and went as far as Bryan, on the U. P. railroad at which place he met on the train coming in from the East Constable Moore, having found him at Carbon. The fact was that Emerson voluntarily surrendered himself, having telegraphed from Carbon to the Constable at Park City, saying that he had seen by the papers he was accused of murdering young Turner and that he could be found any time at the place where he had telegraphed from. On getting on the train Emerson made a statement to the constable. He said he never met Welcome till Sunday, July 4^th. On that day Welcome asked him if he would go with him to the Gunnison country. He declined, but went into the camp to examine the teams. He denied having seen Turner or having anything whatever to do with the murder, but on the 5^th he agreed to drive one of the teams and slept that night with Welcome. On the morning of the 6^th, he said, they left for Wanship, where they obtained whiskey, and also at Evanston, where they procured a gallon. They camped at Echo, and about 11 o’clock went to bed. When he retired he asked Welcome what he had in his wagon that

SMELLED SO LIKE CARRION?

But Welcome turned the conversation. About 4 in the morning, Emerson said, Welcome got up and went out to the horses and was gone about an hour. Emerson’s story, however, was of a contradictory character. He had on him a portion of the murdered boy’s clothing, which he claimed Welcome gave him. Emerson was also committed to the pen after his arrival in Salt Lake. Sheriff Turner received shortly afterwards a number of articles of clothing from the Sheriff at Green River, that had belonged to the murdered youth and had been sold by Emerson at the above named place. The original bill of sale of the team sold at Piedmont was also secured, and on it were both the names of the prisoners, who signed the papers as the owners of the property.

Both men were together in the penitentiary. Opinion as to Emerson’s guilt as charged by Welcome was much divided, though the public appeared to accept it for a fact that he was a participant. Sheriff Turner has never for a moment believed however that anybody but Welcome struck those terrible blows which destroyed the life of his son.

As soon as the two prisoners were brought together they commenced quarreling, and their disturbances became so serious at times that the warden was compelled to place them in separate cells.

There had been considerable said in regard to Welcome’s confession made before Sheriff Allison and while on the cars coming from Cheyenne. This confession Welcome has since denied having made. In the confession the Sheriff swears Welcome said as a reason why he killed young Turner was because he was arrested once by Sheriff Turner, kept under his charge, and after that got into fresh trouble, Johnny being the cause. Said Welcome, “I concluded to get even with him,” –about then he seemed to realize his imprudence and said it was not him but Emerson who killed young Turner.

On February 16^th, 1881, Fred Hopt was brought up for trial in the Third District Court, before Judge ?son. Judge P.T. Van Zile? conducted the case for the People, and Messars. Lee J. Sharp and John A. Marshall for the prisoner. The latter’s attorneys presented an affidavit before the opening of the case, alleging that several important witnesses, whose testimony was deemed indispensable, could not be found and asking for a continuance. A week previous both defendants-Hopt and Emerson-had appeared in court and applied for separate trials, which was granted by the court and this date (Feb. 16^th) was set for the trial of Hopt.

Another affidavit was also presented by defendants’ counsel, affirming that counsel had not had sufficient time to prepare their case and asking for a continuance, on that account, until the next term.

The prosecution opposed the continuance, and the court sustained the objection. Then the empaneling of the jury began, which occupied a couple of hours. John W. Turner, the father of the murdered youth, was the first witness who testified. He described his son’s departure from Provo, his apparel; the horses and wagons that he took with him to Park City; how he heard, first of the sale at Piedmont, then of the finding of a body in Echo canyon; how he followed Welcome’s trail, the circumstances attending the capture of the murderer; his identification of the stolen horses and wagons, the apparel and other articles taken away from Provo and found afterwards in the possession of others who had received them from Welcome.

Thos. Fowler, Cyrus Allred and others gave similar circumstantial testimony. Some Park City witnesses testified to seeing Welcome on the Fourth (the day following the murder) in a saloon at that place, with blood on his clothing. One witness asked, pointing to Welcome’s shirt front and sleeve, “What that meant?” Welcome replied that some son of a b- had invited him out, but he had got away with his man. The same witness had the night previous (the night the murder was committed)

SEEN WELCOME AND EMERSON AT A HURDY HOUSE.

Another witness saw Welcome on the night of the 3^rd at a hurdy house talking with one of the girls; caught him by the arm and asked him “what that blood meant on his shirt.” Welcome pulled away, then opened his vest, showed spatterings of blood on the front sleeves of his shirt, and remarked that he had had a fight with some son of a b- and hit him hard. Witness had heard of no fight around there.

Other witnesses testified to hearing Welcome swear that he would be revenged on the whole Turner family.

Leonard Phillips found the dead body seven miles up Echo canyon on the 10^th, and four days previous (the 6^th) had seen the teams going in that direction.

Dr. Benedict illustrated with a model skull, which he held in his hand, how it was impossible for a man striking the blow described as being made on young Turner, to get out of the way in time to avoid being spattered with the blood from a wound so inflicted.

Sheriff Allison of Summit county related

THE CONFESSION OF WELCOME

While they were on the cars coming to Salt Lake. He asked them why they had killed the boy, to which Welcome replied; “I was arrested once and kept under Turner’s charge and after that I got into fresh trouble and Johnny was the cause of my re-arrest. I concluded to get even with him, but I didn’t kill him though when we were camped at Park, for we all talked of going to Montana. Johnny changed his mind and I told Emerson who said; “If he don’t go we’ll kill the son of a b-.” Emerson went away off, heard two blows and Emerson came back and said; he’d killed the son of a b-. We then covered him up and put him in a wagon, and he said we couldn’t stay around there that night so we went to Park and left the body and went on afterwards to Echo but put the body between two rocks.” Sheriff Allison also stated when coming over the Union Pacific, down Echo canyon, the prisoner looked out of the window in the direction of the rocks and shuddered.

The Sheriff’s testimony produced a most profound sensation in court.

Detective Carr also stated that Welcome had told him in two conversations he had had with him; in the first he said he had killed Johnny Turner, and in the second that he had an accomplice who did the biggest part of it. In the first conversation Welcome admitted that he expected to swing for what he had done, and said that he had put the body somewhere in some place west of Echo. He gave as a reason for killing the young man that Sheriff Turner had had him in jail for some crime, had ill-treated him, and worked him without giving him any remuneration. In the second conversation, when he laid the principal blame on Emerson, he said that he was perhaps as guilty as Emerson was, inasmuch as he head stood by and shared in the spoils.

The defense announced that they had no witnesses, and proceeded with their arguments. Judge Van Zlle made the closing argument and then the court charge the jury. The jury were out a little over an hour, the verdict being guilty of murder in the first degree. Hopt, on hearing the verdict, evinced no emotion; appeared perfectly cool and acted as though it was just what he had expected. His counsel asked for time in which to file certain exceptions and to make a motion for a new trial. The 23^rd of March following was set as the time for hearing the motion.

It was the popular opinion then that if the verdict had been other than it was, the murderer would have been lynched. The hundreds, if not thousands of persons who attended the trial during its progress, seemed to be animated by only one desire, and that was to seethe law justly but surely meted out to the heartless and cold blooded murderer of young Turner.

The crowd that were gathered in and around the court room at the time the verdict was rendered would not have been satisfied with any other result.

On the 23^rd of March, it was found that the attorneys were unprepared to submit their bill of exceptions and motion for a new trial and an extension of time was given until the 28^th. On that day the motion for a new trial was made, argued and overruled. Defendant excepted and gave notice of an appeal. April 9^th was set for sentence, at which time he appeared in court and received sentence, the work connected with the appeal however being in progress.

The case of Hopt’s accomplice came on for trial on April 25^th, but on motion of defendant’s counsel, a continuance was allowed until the next term.

The appeal in Hopt’s case was take up to the Territorial Supreme Court, the judgment of the lower court being sustained, and was carried up to the United States Supreme Court, where the judgment was reversed and the defendant given a new trial.

In April, and while awaiting the decision of the Supreme Court in his case, it was deemed safer to keep Welcome for a time in Salt Lake city jail, to which place he was removed from the pen. On a certain day-May 18^th-there was considerable excitement in the neighborhood of the city jail over the discovery of a well planned scheme on his part by which he nearly

ESCAPED THE CLUTCHES OF THE LAW.

He had been in all appearance a quiet and orderly prisoner and won the sympathy of one or two of his attendants, but it was found that his assumed good conduct was only a device to blind them and affect his escape. It was not certain whether he had tools concealed or not, but it was believed that a coal chisel was somewhere secreted in his cell, for he managed to cut the rivet which fastened the shackles to his ankles. This was so neatly done that he could remove or replace the shackles at pleasure. Besides this he had broken from his iron bedstead a slat of tow, some eighteen inches in length, bent in peculiar shapes for a use and purpose unknown. The wily prisoner had calculated and arranged all things so nicely that he could take out the bolt outside and lift the door from his hinges when necessary, and get as far as the yard. All these arrangements had been completed a month before. The officers becoming impressed with the idea that all was not right, went into the cell to search the prisoner, and as they entered, Hopt flew back into a corner, seized the bar of iron and showed fight, but cooled down when one of the officers presented a pistol at him threatening to shoot him down if he made another move.

A blacksmith was sent for who again forged the shackles on, more securely than before. After this discovery, Hopt became very abusive to the officers and swore that he would never be executed, but would follow Sheriff Turner till his hair was grey.

A short time after this occurrence, Hopt was removed back to the penitentiary.

On the 20^th of October, 1881, the trial of Jack Emerson began, and lasted six days, Messrs. Van Zlle and Beatty prosecuted, and Messrs. E. D. Hoge and P.L. Williams defended. The testimony was similar in many respects to that given in the Hopt trial. The circumstances connecting Emerson with the tragedy were, principally, his association and carousal with Hopt for a day or two prior to the murder, on the day and night that the deed was perpetrated, his traveling with Hopt while the body was in the wagon, and camping with him in Echo canyon where the body was concealed together with subsequent circumstances in connection with the deceased clothing, the joint selling by him and Hopt of the horses and wagons. The jury found him guilty, but recommended him to the mercy of the court. He was some two months afterwards sentenced to imprisonment for life. Within the past year he was, however, on a strong recommendation numerously signed by leading and influential citizens, pardoned by the Governor, and is now in Tintic pursuing the vocation of a barber.

THE SECOND TRIAL

Commenced on the 2d of March, 1883, by the direction of the Supreme Court of the United States, which decided the proceedings in the case had not been proper. A jury was eventually empaneled out of 150 names on the jury list, although it was a surprise to many that a jury was secured at all. Arthur Brown who was retained by the prosecution opened the trial by making a statement of the case, practically the same as we have enumerated in the commencement of this article, expecting, perhaps, that it was made a little stronger against the accused. On the following Friday however, the case came to a conclusion. A couple of new witnesses were put on the stand. One of them, a companion prisoner of Hopt, named Reese, stated that the prisoner had confessed to him, in the penitentiary, that he murdered John F. Turner, Hopt was confidential with Reese and admitted to him that Jack Emerson was innocent, but as he (Emerson) had done him an injury, he would let him suffer for it. Hopt told Reese that at the camp, near Park City, on the night of the murder, and while young Turner was lying down, he took an axe and struck Turner on the head. The first blow glanced, and Turner exclaimed, “My God, Fred, what are you doing?” Hopt then struck at him again with the axe, breaking in his skull and as he stated to Reese, loaded him in the wagon, piled grain over him, and then went to Park City, where he met Emerson.

Jack Emerson was brought in from the Penitentiary to give his evidence in the case. He testified that he was not at the camp on the night that the murder was committed, and never knew young Turner. He then stated how and when he met Hopt, his traveling with him, then desposing of the teams, and the rest of the incidents connected with the journey.

The jury in this trial after the case was given into their hands, were out only a few minutes, and returned with a verdict against the prisoner of murder in the first degree, Hopt seemed unmoved when the announcement was made. His attorneys asked till April 1^st to file exceptions, which request was granted by the Court.

It was thought best, at this stage of the proceedings, considering the attempt previously made by Hopt to escape, that a cage be made expressly for him. This was done. It was an iron compartment, enclosed in a wooden house, about 5 x 7 and 6 and ½ feet high, made so firmly that there was no possible show for him to excape, and placed in such a position that no harm could befall Emerson and Reese, who had given such damaging evidence against him, and towards whom he felt very bitter.

On Monday, April 2, Hopt was taken into court to receive his second sentence. When asked if he had anything to say why sentence should not be passed upon him, he replied “Nothing, except that I am innocent of the crime.” When he was asked his choice between hung or shot, he said he preferred to be hung, a change of mind from the first choice. He was sentenced to be hung on June 1^st. Hopt did not betray any emotion during the sentence, but manifested unflinching indifference. In this case also exceptions were taken by the defense, who applied for a new trial. One of the exceptions was that Dr. Benedict was not certain and did not know whose remains he made a post mortem examination of. The motion for a new trial was overruled, and the defense took an appeal to the Supreme Court of the United States. After this appeal it was necessary to get a certificate from one of the Judges of the District Court saying that there was probable excuse for a new trial. This acted as a stay of execution. On the 3^rd of May such a certificate was granted by Judge Hunter. This stayed the execution until the Supreme Court of the United States passed upon the question as to the right of a new trial. Accordingly an appeal was taken to the curt of last resort, which, after hearing both sides, ordered a new trial.

THE THIRD TRIAL

Commenced on Monday, April 28, 1884, over a year from the time prisoner received his death sentence the second time. At this trial public excitement ran high, fearing the prisoner’s counsel would invent some means to put off the trial. But Judge Hunter was determined the case should proceed, and the law be vindicated. When Hopt entered the court room at the commencement of the proceedings he looked as hale and hearty as he did three years previous, and from his neat attire one would have thought him more a barrister than a prisoner at the bar.

Nothing fresh was adduced at the trial with the exception of the evidence of John W. Green, a news agent employed on the U.P. the year in which the murder was committed. He said Hopt threw down a $20 gold piece in a saloon where Green accompanied him, and that when the bar keeper offered to return the change, Hopt told him to keep it, that he was from Nevada, and Nevada men never took change; that Green then told defendant not to act hat way, and advised him to be careful of his money. Hop then applied a very abusive epithet to Green and said; “If you interfere in my business, I’ll kill you. I’ve already killed one son of a b-.”

Quite a sensation was caused when Dr. Benedict, in the course of his testimony, produced the skull of the murdered boy, and showed that the blow must have been made by some dull weapon, such as the head of an axe, and that from the course of the fracture the blow must have been struck by a left-handed man. The production of the deceased’s skull in court, however, seemed to create no emotion on the part of the prisoner, who sat there, carelessly looking on as though he had no interest whatever in the scene. The exhuming of the remains of young Johnny and the horrid details in court entirely overcame his father, Sheriff Turner, strong, and indomitable as he had shown himself to be.

On the Friday following, Hopt was put on the stand by the defense, when he tried to clear himself, as in his previous trials, and threw the blame on Emerson.

Mr. S. R. Thurman made a grand closing speech at the close, for the prosecution, reviewing all the points in the case in logical order. Mr. Snyder spoke in behalf of the prisoner.

The case was then given to the jury, who, after being out nearly tow hours, brought in a verdict of guilty. All through the affair Welcome sat like a Stoic. Not a muscle of his face moved, nor did he display the least sign of emotion as the reading of the verdict progressed. His face was as stolid and placid as could be. Not a tear moistened his cheek, nor did a sigh heave his bosom.

On the Friday following, which was May 9, Hopt was taken into Court, and

SENTENCED TO BE SHOT

On the 13^th of June, this mode of execution being a departure from his last choice of death. Hopt still declared his innocence and broke into tears, the first emotion displayed by him since the first.

Previous to the sentence, Judge Hunter wanted to know if there were any motions to be made. Hopt’s counsel then read the motion for a new trial which Judge Hunter overruled, and sentence was duly pronounced.

As the day for the execution drew nigh, arrangements were made for Hopt’s death. But, like a thunder bolt from heaven, the news was telegraphed, on the day for the paying of the penalty, that acting- Governor Thomas, as half past twelve, had granted the application for stay of proceedings, made by Van Horn and Snyder, counsel for defense. Indignation meetings were held, where the action of Governor Thomas was discountenanced in the most unmistakable terms. Hopt did not expect a respite, for the night previous he

BID HIS FELLOW PRISONERS GOOD-BYE,

And held himself in readiness for his execution.

The case was appealed and eventually heard for the third time by the Supreme Court of the United States, which body, on Monday, April 20, 1885, decided the plaintiff was in error and was sent back to the Territory for the fourth time. The only point that caused it to be referred back to the Utah Courts was a mere technicality, there being an informality in the charge of the Judge to the jury.

Consequently the case had to have a rehearing, and from the 21^st to the 28^th of September, 1885,

THE FOURTH TRIAL

Dragged its weary length in Court, Chief Justice Zane was on the bench of the Third District Court at the time, and the defense was conducted by Ben Sheeks and P. L. Williams. Assistant District Attorney C.S. Varian prosecuted. The following were the trial jury:

H. F. Fitzgeral, John G. Labrun, Orson Wilkin, L.A. Scoville,

Amos Gabbon, Joseph Pixton, Richard Carlisle, J.B. Bringhurst, A. G. Adamson, Elmer Puebles, J. P. Maybey, Hiram Schill.

On this trial the legal basttle was closely contested at every point. The defendant Hopt was apparently

MORE CONCERNED

Than at any of the other trials, but his face and actions betrayed but little apparent uneasiness.

The evidence of the witnesses was substantially the same as at the third trial, the chief interest centering in the testimony of Jack Emerson and the defendant himself. The first named told his story in the same frank and undeviating manner that marked him from the beginning. Hopt gave his evidence in a careful, deliberate way, and neither varied from their former versions.

At the conclusion of the evidence, exhaustive arguments were made to the jury, who, on Sept. 28^th, after being out an hour and a half, returned with a verdict, it being, for the fourth and last time, guilty of

MURDER IN THE FIRST DEGREE.

On the 13^th day of October, Hopt stood before Judge Zane to receive sentence. Having elected to be shot, the court ordered that its decree to that effect be carried out on Tuesday, Nov. 24, 1885.

Again was the case taken to the Superior courts. The result in the United States Supreme Court was different to that in former appeals, and on June 22, 1887, official notice was received that the action of the Third District Court was affirmed.

This closed forever all hopes for further delay in the courts and on June 24 Hopt was brought in from the penitentiary, and Judge Zane fixed as the

TIME FOR HIS EXECUTION,

Thursday, August 11^th, 1887, between the hours of 10 a.m. and 2 p.m.

During the past few weeks efforts have been made to induce Governor West to commute the sentence to imprisonment for life. A counter-petition was circulated and numerously signed requesting the Governor not to interfere with the execution of the law. His Excellency decided that he would take no action in the premises, either looking to a temporary respite or to commutation of the sentence, but would let the law take its course.

EXPECTED TO BE SHOT.

But for the interposition of acting Governor Thomas, Hopt would have been executed on the 13^th of June, 1884. He fully expected to meet his doom on that date. Not only had the U.S. Marshal made all the necessary arrangements, but the condemned man himself had made minute preparations. So particular was he in this regard that he dampened the part of his shirt immediately over the region of his heart to prevent the possibility of a bullet glancing on the smoothly-ironed surface. He also made a rosette to place over the same spot as a mark for the executioners.

THE EXECUTION.

As the final day of Hopt’s existence drew nigh, every arrangement necessary to the carrying out of the sentence of death had been made, so that on the morning of the execution Marshal Dyer and his deputies were on hand to attend to a few trivial matters, and completing the necessary business (unavoidably left) inside the penitentiary, where the execution was to transpire.

About forty-five persons had received commissions from the Marshal to act as “peace officers” at the penitentiary, in addition to the regular force.

Sheriff John W. Turner the day prior to the execution had been acquainted by Marshal Dyer with the fact, that

HOPT’S DYING REQUEST

was that Turner nor any of his family, should be present at his execution. Consequently the sheriff occupied a seat in a carriage outside the penitentiary, during the progress of the execution.

About 7 o’clock, the fellow prisoners of Hopt were ranged in a line for the purpose of
BIDDING HOPT GOOD-BYE.

Hopt had a few trinkets that he had either made or had by him, and these he distributed among those to whom he was attached. He gave one of the guards a beautifully worked lariat, made of lady’s hair, and about 150 feet long. To his staunch friend, Royal B. Young, he entrusted the care of a pet dog, that was seen in the morning running about the penitentiary with a piece of red ribbon round its neck. A most pathetic scene took place when he called the dog and picking it up gave it into the hands of Royal B., begging him to take it and think of him when he should be gone. It was more than the onlookers could endure, notwithstanding it was a murderer that caused the feelings.

Outside the guards’ bedroom, which Hopt was formerly allowed to occupy in the daytime, is a beautiful and well kept flower garden, containing at least a dozen varieties of flowers.

The night but one before the execution Hopt wrote a letter to his sister living in Montana, in which he said:

“Dear Lizzie: -The day after to-morrow,

I WILL TAKE MY DEATH

For a crime I am not guilty of.”

Hopt did not sleep any the night before his death, passing the time in smoking, eating, talking and joking with the guards and one or two visitors. Early in the morning the Catholic priest in attendance, Father Staller, administered the sacrament to the condemn man, and continued with him in prayer and exhortation.

At five minutes to 10, Father Keily, the Catholic Priest, went into the doomed man’s cell and administered the last rites of the Catholic church, sacred unction, conversing with him, now and again, up till the time of execution, on spiritual matters.

At a quarter past 10 a hack drove up to the prison, and five men alighted. They immediately passed into a room out of sight. This party were the executioners, and were closely masked, having on oil cloth coats and hoods of the same material, which completely covered their faces, except the holes for eyes, nose and mouth.

At 11 o’clock Undertaker Skewes’ wagon drove into the enclosure. It contained the coffin, which was plain and of neat stained wood, and had six silver-plated handles. On the lid was a plated shield, with the words, “Rest in Peace.”

The demeanor of the prisoner during the whole of his incarceration, and more especially during the preparations for his execution, was a theme of public comment. Right to the time of his death he displayed complete indifference as to

THE FATE THAT AWAITED HIM.

Once on being asked by a friend how it was that he had so little feeling, he replied, “I feel it just as keenly as you do, but I am going to take my medicine like a man. No one shall say Fred Hopt faltered to meet death.”

This morning, and for the past few days, he appeared more quiet than formerly, but further than this no change was apparent. To-day he coolly conversed withthose who were permitted to enter his apartment. Once

HE LAUGHED HEARTILEY,

heard by everybody who were within the courtyard of the penitentiary.

As the fatal hour approached, Hopt asked Marshal Dyer the exact time at which the killing would be done, and remarked, “I ate very little breakfast this morning, and would like some dinner. I also have a few words to say to my friends if I have time.” The Marshal replied that he was willing to give any accommodation he consistently could, and postponed the shooting to 12:30 p.m.

At 12 o’clock a good substantial dinner was taken in to him consisting of roast beef, potatoes, cabbages, corn, coffee, bread and butter, etc., and of which he ate very heartily.

From now on until the executioners administered justice to the murderer, every move was in quietness and all conversation conducted in undertone, rendering the scene one of solemness and suspense. Several hundred persons were seated in vehicles, on the fence and standing outside the penitentiary, awaiting the report of the death carrying missels. At 12:15 three bells were rung by the guard and all the prisoners were locked up in their bunkhouses, and their windows covered with blankets.

At 12:20 officers Pratt and Cannon carried into the prison the weapons that were to be used, which were Winchester rifles. Hopt looked at the death dealing implements, smiled and continued to converse as if nothing unusual was going on. There were five guns, 43:70 calibre, four supposed to be loaded and one blank cartridge.

At 12:25 Marshal Dyer and Deputy Vandercook spread a blanket out thirty-six feet from the executioner’s tent, and, in the centre of it, placed a chair for the doomed man to receive his death in. While this was going on Deputies Doyle, McClellan and Jennett bid Hopt a last farewell, McClellan shedding tears.

A man named Agramonte had a instantaineous photographing outfit within the enclosure for the purpose of photographing the situation at different stages of the execution. Everybody was now

At 12:32 the executioners took their places in a square tent erected a little east of the centre of the penitentiary enclosure, and a little north and eat of bunk house No.3. The party were accompanied by Marshal Dyer and Deputy Vandercook. The tent in which they were placed was about 12 by 14 feet. On the north side were five apertures, through which the death dealing weapons were to be placed, a long bench being placed directly under the holes on which the guns were rested, giving more support to the marksmen than they would probably receive by trusting to their nerves.

IN DREADFUL SUSPENSE,

awaiting the doomed man to emerge from his cell, and take his seat of death.

Precisely at 12:40 the murderer, accompanied by Marshal Dyer on his right-side, and Father Keily and Royal B. Young behind him, walked from his cell to the place of execution. He looked pale and thinner than when first sentenced. His step was firm and elastic, and his bearing dignified. He was dressed in a beautiful suit of broad cloth, purchased with some money sent him by his sister, and had on a Derby hat, and a white shirt. Previous to leaving his cell, he polished his low shoes, and lit a cigar. In this condition he walked to death, talking on the way in a lively manner to the Marshal, and had every appearance of going to a wedding. On reaching the designated spot, he took his seat. Marshal Dyer went to him, and in an undertone said something to him. He then arose, threw away his cigar, and, in a deliberate tone, devoid of the least particle of tremor or emotion, spoke as follows:

Gentlemen:- I am here ready to meet my death. If I had had a fair show on my first trial I would not be here to-day. I have no ill feelings against anyone. I bid you all good bye, and commend my soul into the hands of God.”

Father Keily, who was in his robes, then read the ritual of the Catholic church.

The condemned man then took his seat in the chair facing the tent in which were the executioners. Dr. Hamilton, who, with Drs. J.S. Richards and Lorin Hall, was in attendance, carefully pinned a circular piece of white paper, shout two and a half inches in diameter, over his heart. Hopt shook hands with the Marshal and Dr. Hamilton, and was then left alone.

A DEATHLY SILENCE

prevaded the whole scene. Hopt sat gazing steadily at the muzzles of the deadly weapons as they protruded about ten inches through the port holes in the canvas. His hands rested firmly on his thighs, and he sat braced up in his chair. Marshal Dyer, who had exhibited commendable nerve throughout all the unpleasant proceedings, and who had arranged matters so perfectly that everything moved without a hitch, stepped to the north-west corner of the tent and tapped gently on the frame. The guns were raised to position, and orders were strictly obeyed as, in a clear, calm voice he gave the fatal word of command, pausing probably ten seconds between each word, “Ready-aim-fire.” The sharp crack of the rifles rang out so close together that it could hardly be discerned that more than one shot had been fired. For an instant-and only an instant-Hopt’s body remained motionless. His head bowed slightly forward, and body chair and all, began to fall over backward. It went down steadily to the ground, and so quietly that Hopt’s hat remained on his head, the rim being caught at the back of his neck.

FOUR BULLETS PIERCED THE BODY,

But only two perforated the oval paper pinned over his heart, one being on the extreme upper and another at the extreme lower edge of the paper, the third bullet penetrating about two inches below this lower mark, and the fourth entering the body about two inches above the upper paper mark. We measured the extremes of the shots as Hopt lay in his coffin, and found that the distance from the top hole to the lower one was exactly seven inches, and yet the distance was only twelve yards. The four penetrated the body and entered the north wall of the penitentiary, form which two were picked out a few minutes later.

Marshal Dyer, Father Keily, R. B. Young, the physicians and tow or three others who were in the enclosure stepped forward. The chair was removed, and the body fell out straight, the hands by the side, and the feet about 18 inches apart. Dr. Hamilton put his head down to the heart, and announced that Hopt was dead, and that his

DEATH WAS INSTANTANEOUS.

Not a limb moved after the fall. The party stood gazing at the body for a few minutes, while a guard kept the flies off with a hat. There was a quivering of the chin, and the mouth opened once and closed again. Then all was still. Soon the blood began to ooze from between the lips; it also flowed from the wounds in the breast, and down on the bosom of his white shirt. Water was brought, and the crimson stream was washed from the face.

At ten minutes 1 o’clock the coffin was taken into the yard and placed alongside of the corpse. Royal B. Young then got at the head of the body, Marshal Dyer, his deputies and the physicians at the sides, and the body was carefully placed into the coffin and taken into the courtyard of the penitentiary, where it was placed on two chairs, the lid removed, and the people passed around to view the remains. Sheriff Turner here reviewed the corpse, and seemed satisfied that justice, though seven years waiting, had been satisfied. His inward feelings we know not, as he gazed on the face of his boy’s murderer.

Twenty five minutes after the execution the following dispatch was telegraphed to the ENQUIRER and immediately published as an extra.

(Special to the ENQUIRER

SALT LAKE CITY

Aug. 11^th, 1887.

Fred Hopt was led out of his cell at 12:20 smoking a cigar and talking unconcernedly to the Marshal. He had no sleep during the night. Made a speech protesting his innocence, stating that if he had had a fair trial he would not have been there, after which he sat down in a chair away and placing his hands on his hips waited for the word “fire.” Death was instantaneous, Hopt falling backwards in the chair. He ate a good dinner before being led out of his cell for execution. Sheriff Turner saw the body after it had been placed in the coffin.

No statement left as far as known.

NOTES.

HOPT left no confession.

EACH bullet broke a rib before and behind.

Hopt was born in New York, in April, 1859.

Just before the execution Hopt’s pulse ran up to 142.

The S.L. Herald calles the pen. the “mud mansion.” Quite appropriate Johnny.

HOPT’S coffin cost $20. Marshal Dyer says if the Government wont pay for it he will.

FATHER KEILY, after Hopt fell, administered extreme unction to the lips of the dead.

Prof. J.E. TALMAGE reported the speech of Hopt for the ENQUIRER, and has our extreme thanks.

Some spots of blood from Hopt’s body were found fully thirty feet from the chair, having accompanied the bullets.

THE corpse was interred to-day in the Catholic Cemetery, Salt Lake, funeral service being held over it by that denomination.

JOHN J. JENNINGS, Esq. of the editorial staff of the St. Louis Globe Democrat was present at the execution of Hopt. He wrote up the execution for his paper.

EMERSON wrote to Marshal Dyer on the day before the execution offering to confront Hopt with the fact that he (Emerson) was innocent of the blood of young Turner.

NONWITHSTANDING the “disguise” of the executioners, one of whom walked though he was lame as he entered the gate but who got over his lameness when he entered the tent, several thought they knew the quintette, especially when they started to talk in the tent.

THE sketches in the Tribune this morning of “Led to Execution” and “The Doomed man in the Chair” are nothing at all the real occurrence. In the first sketch they have three persons walking together, whereas Hopt and Dyer were the two that led the procession. We hope Marshal Dyer feels flattered with the Trib’s sketch, a la Weggland.

___________

Such is the last act in the tragedy of Hopt, the murderer of John F. Turner. After more than seven long years of painful endurance, justice has at last been satisfied, and the law vindicated. Notwithstanding that the murderer, with his last breath, claimed his first trial was unjust, yet, be that as it may, his last trial proved him guilty and he has suffered the penalty pronounced upon his head at that time.

We trust that Utah may be spared a repetition of such a diabolical and cold-blooded murder, and that the fate Hopt met, after seven long years of suspense, may serve as a timely warning to those who hanker after a little paltry gold, to the shedding of man’s blood, for it is the eternal edict of heaven, that “whosoever shed’s man’s blood, by man shall his blood be shed.”