Show WlAQRS APPEAL ARGUED I 4 Case Against Capt Browns r Slayer Heard Again I I i TAKEN UNDER ADVISEMENT I i I I Attorney Tom Pitch for the Defense I Urges n Now Trial on the Ground that Jurors Fosgren and Harries I Wore Disqualified from Sitting on I tho Jury Because They Were Strongly Prejudiced Against Majors I Ma-jors and Had Bcpentcdly Expressed Opinions Regarding His Guilt I I The second appeal of Abe Majors ala Jamcsx Morgan from conviction and sentence of death for the murder of Capt Brown of the Ogden police force I wasargued before the Supreme court yesterday and taken under advisement by tho court Attorney Tom F tch appeared ap-peared In behalf of young Majors and Assistant AttorneyGeneral Lee represented repre-sented the State Mrs Wngener mother i moth-er of the condemned youth his four I teenyearold brother and Miss Johnson I of Iowa who haa strongly Interested herself In the case on the side of the defendant de-fendant were present during the hearing hear-ing rrs Wagoner looked haggard and careworn and during the progress of the arguments frequently gave vent to her feelings in tears The appeal on motion for t new trial was based mainly on the alleged disqualification dis-qualification of two of the jurors before whom the case was tried and also alleged I al-leged newlydiscovered evidence going to show that the dofpndant had not I fired the shot which killed Capt Brown In making his arguments Attorney I Fitch cited several afildavlts stating that Jurors William Fosgren and William Wil-liam C Harris had made statements before the trial to the effect that Ma jors was guilty of the crime that he ought to be hanged Fosgren was al leged to have said that If he were on I tho Jury he would convict him that he ought to die that the murdered man I was a friend of his Fosgren3 and that if Majors was hanged the debt would not be paid that Majors ought to be lynched to save bother and that ho hoped they would kill him before he was arrested Affidavits attributed very similar expressions ex-pressions to Juror Harris Counsel ar pued that the two Jurors were clearly disqualified from sitting In the case and special emphasis was placed on the fact that the prosecution had filed no affidavits from either Fosgren or Harris contradlcllng the affidavits regarding statements attributed to them S Assistant AttorneyGeneral Leo In n short argument took the ground that the Jurors Fosgren and Harris had an swered all the questions when they were being examined as Jurors in such a way as to show that they had no prejudice or preconceived opinion of the guilt or Innocence of the defendant which would disqualify them from act lug as Jurors Counsel also argued that the defendants counsel had not given I notice of a motion for a new trial with in the time specified and had not taken any exception to tho jurors now ob jected to when he had an opportunity to do so opprtunlt |