THORNE CASE BEFORE HIGH COURT AGAIN His Attorneys Base Appeal For Third Hearing on Technicalities. Salt Lake City, May 13. Argument on appeal from tho verdict of tho lower court In tho second trial ot Harry Thome, convicted of tho murder of Georgo W. Fassell, March 24, 1910, was made this morning before be-fore the stnto supremo court, Attorneys At-torneys M. El Wilson and nisraarck Snyder representing Thorno nnd A. It. Barnes, attorney general, appear- ' lne for tno iaic' VW'fy rl' (lofpnso based Its appeal on au alleged infringement of Thorno'a rights In the second trial, claiming that he did not have his full quota ot peremptory challenges ot Jurymen. According to Attorney Wilson, Iho defense was allowed but cloven challengers, chal-lengers, whereas the Btato law provides pro-vides for fifteen. He contended that the defendant's rights had boon restricted In that tho lower court -would not allow tho Jurymen Jury-men to bo questioned as to whether they would consider a recommendation recommenda-tion for mercy In the event they found Thorno guilty. , Attorney General Barnes, In reply, L said that ho questioned whether tho