Show THORNE WILL NO NOT BE SHO FRIDAY Attorneys for Condemned Man File Fie Motion Moton for Another I Trial Trial SAY JURY WAS IRREGULAR Entered Agreement Regarding Their Votes Part Far Absent During Some of Deliberation I I i 1 I I I I I I I Harry HI Thorn Thorne sentenced nn to to be allot ot Friday fur for ro the te murder of or G Gt George org F P I w III Ill 1 have hare te an of or time t on 0 earth erth aa as a I result I ol f 1 a a notice of oC at a i peal al filed rie with t the tho t district dl r court y e te Moreover Korr In tb tl the opinion of ol his hi attorneys orne It la Is I also alao 1 Ikel likely that a secOnd I trial of bl II his onee may RI result In simme verdict other than tn murder r in IA the first for tt mercy degree deine with without a recommendation The ery notice of o motion Mitlon Ion for Co a new J trial trl waa wa liNt filed by Isy J M Densy LR M K E fe Wilson 1111 ana antl 0 K S J A Walton alon Mr Wilson and n Mr SIr Walton having become he heI associated Ait with Mr l enny In I the tho ease cae e eI Monday o With the notice noti of or a motion filed nl no notice 0 for ter a I new trial trl Thorn Thome Torn also 10 tice tl tic that he h proposed to 10 appeal p el hits hta hi esC el to the ho supreme court urt of ol the th slate aUtte t and ami 1 asked for an n order directing the court stenographer to prepare a II tran transcript of or o oth orthe the tho th case c at t the expense of or the th slate te nt In giving hi his reasons ran for lor moving for fora forI a I new w trial attorneys attorney say fIrst tl that trial a part art of or th the trial waa tas w held d dIn in the absence b of or Thorn Theme from th t the court courtroom courtroom urt room r An As A a second IO point pl t they t h t my say t that U t the jurors juror received evi evidence dence tiene de other than that reuniting from fr a view Yiew of oC the th and for tor forthe the tb rca rea reason son sin I that th the Jury received communications communication documentS document and oth other r papers paper referring to th the ease can canA cI As A a I third reason the th tb attorneys attorney say aay M that ha the th Jury without leave 1 of ur the court after r retiring to deliberate upon their verdict For the th fourth rca rea reason re ren son soft n the ht attorneys attorney assert rt that the vet ver verdict er diet dict wa was wal decided t le by lot and by 17 other means mean than a fair expressIon of eC the tM opinion on 0 the he part of ot all Al of ol the jurors Juror The Te attorneys attorney assert annert further that the tb court curt erred in It I Its instructions Instruction to tv the Jury and In n mutters matters mUrl of or law I In deciding other points pint that came cana up UI at t the trial tr lii They also 10 assert rt that new nw evidence ha has h 1 been discovered which will wl materially aid 1 Thorne in a I new IW trial a n Thorna To affidavit which accompanies the lb motion moton contains contain some om Interesting assertions assertion rU regarding the th deliberation Itlo of oC the Jury Jar and n there I is also alao 1 an affi affidavit at tl fi davit from fl Jam A on one of the he Jurymen jur mn who It I II is eald We held i out for a recommendation of f mercy for tor Thorne Tor Harry Hrry Thorn Thorne Torn says In hi his affidavit that the Jul had hd IJ with wih them theis the In Injury the Jury room r an as R alleged written conies defendant doss R alleged to tu have hYe been ben made mH by this He I says MY ya further farther that whilst hUllt the Jury Jur were r deliberating upon th t the verdict the th respective jurors Juror JUr entered Into an agree agreement meat ment whereby it I wa was 1111 understood and aM agreed H by and nd among amen saM said 1 respective t Jurors Juror that they hy would wold not no divulge the name of oC any n juror who ho voted voId for lor a recommendation antto that the th defendant be b Imprisoned in the h state slate tat prison for life lit that during the th course eo of oC the th delibera deliberations lions toDI of the th Juror Jurors upon their verdict In this case UI at least Ii IS ballots were taken and nd that at learnt leant one va of oC the th jurors Juror Juron voted toted Ye for Cor such recommendation for at t least leant fourteen times th That t the tb defendant by br reason a of or said ald M wrongful and aa unlawful agreement Is usable unable to discover d y whether or 1 sot wot there th were w any A other Improper IRP moans mean used waed to I Induce InG said Id Juror Jar to change hi mind n nun upon un said Mid Id subject I the tu Murder r Thorn Thorne Thor also 11 say nays In hi his affidavit that he wa was compelled Kr to tu act art out ot the th murder mur lie bur before fore th the Jury JUr donning the clothes I that h he wore or at si t the time and wearing a handkerchief for or n ti I mask m and nd this hi h ha he says was a In violation of or hi ht his substantial tn thai lal rights In conclusion Thorn Thorne Torne says 1 I My CT conviction nIto was nas al based upon upa per perjured pr perJured Jur testimony to wit wi Two To wit witnesses fleas nesses who wh swore wort to my Identity Idt and nd Identification l at t my trial swore W r on th the trial tn In said Aul court ert on th the trial ral of r on 0 one Riley RIy for the same m offense or that they the were wt n unable to Identify any an other ohr per person person pr son n except and an I hare hT only oal since nine fIn the day dT of oC July discovered said 1 fact of oC said le testimony in th b Rn case a 1 to one o of or said I witness anti ami upon n nth the th third day of September r a as to I the theother theother other witness I Juror Affidavit The T affidavit signed by h James Ja A ABt Bateman Bt one of oC the jurors Juror t I Is a as fol fo follow 01 low Iowa 10 James J A ii Bateman being Mi first July duly dl sworn wor deposes depose el and nl says say I that th he was wae one 0 of oC the Ih jurors Juror jul In the hf above I case which returned a verdict herein that all I the th Jurors Juror agreed I among them themselves themselves selves IY that they the would wole not divulge the th names name R of oC any n of ol said Id Jurors Juror who might or did vote for tor a recommendation for lor lorIC life IC Imprisonment M R K Wilson non and RI E A Walton WAlon the attorney toy who entered nt the h case e Septem September her ber 6 5 make k affidavit that they thy Inter Interviewed interviewed viewed M X M 1 Atwood another anther juror In Inthe Inthe the he Thorne Torn Thor case and that Mr r Atwood e 0 slits Hlo 11 told of ot the th agreement among the Jurors jurl that they the would not Dt divulge the theRm names Rm of or any of uC th the Jurors who might vote oe for a recommendation for lor mercy rcy Mr Cr Atwood Aiwood Alwo also lt saki t that thai on the first tnt ballot blot there thre were w twelve votes voles for con conviction on o the next ballot blot there the were ten tn for or conviction and n two to for 11 a rec recommendation for mercy The T next bal ballot ballot ballot lot resulted In eleven for conviction without boul recommendation and ant one 0 for a recommendation for tor mercy mer this th Juror saving later that hAt he hp voted vot for lor life ute Im Imprisonment pr solely 11 1 because be or ol the youth uth of DC be tb prisoner this being In Mr At Atwoods AtoJ solely woods oJ 11 arbitrary opinion a reason that ht wn The attorneys also II say that Mr At Atwood Ato Atwood wood o that during the he delis deIM deliberation of oC the th Jury JUr some te of ol the stem mem members m m mb hers bers b of ot the th Jury w were In a room rom while others were fr In the h corridor of or the thc building Mr ro Atwood At woo declined l how however however ever fyr to lo make mk aisy al affidavit hImself elf 1 re relating f r lating to loth the actions action clon or deliberations of oC the Jury jur The Te Th attorneys in Jn their affidavit say I that they th also all talked with lh James A Bateman BI another oher juror They T y said Id that h Bateman asked k If I a member of the Jury Jur could witness the th execution of o Thorn Thorne Ton saying that another Juror had hd nI expressed a desire d II to witness wt the h exe execution cution Although Alho h the he attorneys torl said 14 In I their affidavit that Bateman refused Cu to tomake tomake make an n affidavit Mr Bateman changed hi his mind min later and nd affixed his ht signature ture to a I ha written affidavit In pencil writing which is I given above bY The Th T motion moton for or a I new n trial will probably probably probe ably 1 be bm b argued before Judge Jud T D n DLewis I Lewis In th tb tho district court to today and andIn andin nd In case cane the th motion moton is denied the at ator ahoy tor nerK Heys for Thorns Thorn w will ill 11 take tk advantage adI of the statutory time allowed od to appeal appl the th case rase to the Ihl supreme iiren court ourt |