| Show PLEADS fOR WORTH Affidavits and Motion fOI New Trial Submitted PAPERS QUITE VOLUMINOUS Claim that One of the Jurors is a Resident of Salt Lake City that I tho Jury Visited This Place During tho Progress of the Trial and So Passed Out of tho Jurisdiction of the CourtAlleged Wrongful Use I 01 tho Purported Haworth Confession Confes-sion by the Jury i Farmlnglon Juno 25The sentence of death was not passed upon Nathan I F Tlaworth today us was expected Instead thereof a stay of proceedings was rnnted on motion of Attorney A J Weber until August 1st at 9 a nI Arguments a motion for a new trial lI1bo heard at that lime and scn lenc6 will not be passed until the question ques-tion of a new trial Is disposed of The Stales attorneys seemed lobe much surprised today by the array of allldavlts flIed by the defense in their move for a new trial 1 Most of these have to do with the question John L Kings residence King was one of lie Jurors In the HaWorth case and the defense de-fense are attacking the verdict on the ground that he was not when Impaneled Impan-eled as a Juror and Is not now a resident resi-dent of Davis county Counleratlldavlts will be filed by the State on the question of Mr Kings place of residence The Stale will show that he Is a registered voter of Davis county nnd as such Is fully qualified to sit as a Juror TUB NEW TRIAL MOTION It wis nearly 4 oclock this afternoon after-noon when court opened Prior to the commencement of he proceedings Haw Ha-w rths attorneys spent an hour preparing pre-paring the Statement of the grounds upon which a motion for a new trial was based As soon as the attorneys came Into court Judge Rolapp called the case and asked if there were any preliminary matters to be attended to before passing pass-ing sentence Mr Weber arose and formally moved for the granting of anew a-new trial and read a lengthy docu meat giving fiftysix grounds upon which he made the motion The principal reasons given were that the Information docs not state fouls sufllclent to constitute a cause of ac ion that tho court erred In not allowing al-lowing the motion for a change of venue that the court erred In not ul lowing lie challenges of ihe defense for chum during the Impaneling of Jurors on the grounds of actual bias I and Implied bias that the Jury received and had in evidence and used In their I deliberations the alleged confession of Haworth which was nothing more I I than a note or memorandum made by L E Abbott nnd which was not offered of-fered or accepted In evidence Iri the cause that on the 10th of June the jury passed beyond the Jurisdiction of the court by visiting Salt Lake county during the progress of the trial as appears I ap-pears In the aflldavlc of Mrs Hannah Everlll of Salt Lake City that the verdict ver-dict pf the jury was contrary to the law and the evidence that the defense Is In possession of newlydiscovered evidence oC which nothing was known at the time of the trial and which could not have been procured then affidavits af-fidavits of which will be filed within thirty days by stipulation that the court erred In not allowing the challenges chal-lenges for cause on tho part of the defense de-fense against Wlllard Call Thomas H Robins Albert T Smith George M Leonard Joseph H Argyle John Zah her J H Baird Albert Flltton Philander Phi-lander Hatch Horace Drake Richard Sedgwick Samuel Rlgby B F Knowl ton Sr James D Wilcox Walter Dummpr and George W Kendall all of whom were examined as Jurors that the court erred In ruling on matters law that the court erred In paragraphs 19 22 24 2527 30 and II of the instructions instruc-tions to the Jury and also 2n refusing to Instruct as requested by the defense that errors occurred In permitting irrelevant ir-relevant and Incompetent testimony to be Introduced by the Slate over the objection of the defense and In excluding ex-cluding relevant testimony tho de fensa Mr Weber laid much stress upon what he termed the misconduct of the County Attorney who in his argument argu-ment criticised Iho defense for not putting put-ting Ha worth on the stand The prejudice preju-dice that this would produce In the minds of the Jurors was cited as a reason rea-son for granting tho new trial Counsel Coun-sel held that an error was made In permitting testimony to be given concerning con-cerning the alleged confession which he said was not a voluntary and spontaneous act of the defendant Coming to the most vital and Important Im-portant ground upon which the new trial Is asked counsel said the verdict was not rendered by twelve competent Jurors as guaranteed by the Constitution Constitu-tion that only eleven of the jurors were eligible to alt on the ease The twelfth was one John L King of Salt Lake City and count who had not been a resident of the county for more man a year prior to thc trial Mr Wober than produced many atll davits In support of his motion and sustaining points he relics upon and recited W P Cooper secretary and manager of the Polk Director company alllrmn that Jolin L King lives at 212 West Fifth North street P A Matson of Ogden a biOlherlnlaw or King swears to Kings residence in Salt Lako George IT Payne of Syracuse H E Sleelc of Ogden and D E Haworlh swear to the same effect JURY IN SALT LAKE Mrs Hannah Everllls affidavit was that adlaiit lives a few dooiH from the King residence on West Fifth North that on Tune 10th King and his fellow Jurors were near the formers residence In Salt Lake City that during the half hour that they were there notes wero seen lo pass between King and his wife that II way known to afilanl and others In the neighborhood that the men were jurors In Iho Haworth caseIn case-In oxolamition of the somewhat singular sin-gular circumstance of the Jury being In Salt La1 < c City on June lOlh 11 maybe may-be said that under an agreement bet be-t oen attorneys on both sides hloh i iigroument Is a part of the record In the case the Jurors were allowed togo to-go lo lie Warm Springs and tite a balh on Unit day It Is said that ingoing In-going from the train to the Springs and returning the Jury of necessity pusfied Mr Kings residence on Fifth North und If note were passed It wan under the sanction of the bailiffs In pharge William Oakden and John W Stead STAY GRANTED Following the reading of the afilda vlls Mr Weber moved a slay of proceedings pro-ceedings until August 1st to allow I lime for tho preparation of arguments and thc filing of further affidavits and the bill of exceptions Thai date was fixed by the court though Mr Allison Insisted lhal so long a time should not be granted WORTH CHEERFUL Ha worth was In a more cheerful mood today than he was during the progress of the trial He was brought up from the Slate prison by Sheriff Ab bothil morning und entitled pleas 1i 2 i anlly Ihoso who were In the court houscSwhllc the Sheriff walled for tjio I arrival of the Jailor Later when MItt In the Jail ho said In answer to a question ques-tion No I dont like the PQnltun tlary as well as ibis place I thought It would be a better place and not so loncyomc before 1 went there but Ive changed my mind Down hero J i have a cell no larger than the smallest cage In here and the only jteraon T BCC Is lid guard My food is passtd In to me tluough the door The food dont suit mo as well as What 1 had here either Haworih was calm throughout the proceedings und I talked qullc freely with his brother Lum who sat near him I |
