Show ARGUMENT Of NEW MOTION POSTPONES 1 EARING Of VANCE H Evidence Not TaKen While Defense Urges State to i 1 o EI Elect ec t It Its s C Count ann t Contrary to expectations the taking of 1 I testimony in the second trial of Thomas t anCl charged with wih the mur murder er of Ills his wife Mary di did not commence before Judge Jurge T. T D. D Lewis and a jury Jur this I lg Upon opening of court this h counsel for Vance moved t to have N the first and R second cond counts In the information t. t mation matlon stricken out on the ground round that at the tho trial trial of the thc case dise case tho the state elected to stand on the thir count As soon as the motion was flied filed Judge Lewis dismissed the jury In charge chargo of a bailiff i until nU 2 o'clock this afternoon that ho he might pass on un tim the question At that r mo te ho decided the tho motion moton in lim favor or f 1 the tho defense S j r The first frt count In iu the Information tiled filed charges Vance Vanco r i hy the district attorney ic with having having beat his wife wio on November ember and from the Injuries ed 7 1907 and hl to to have been received in n this thIs beating it i j is charged that Mrs Airs Vance died December Decem Decem- ber 8 S 1907 1907 The second count charges charges that Vance Vanco administered poison polson to his wife on November 28 1907 as a result ri of of of whicH she sho Ime died The rhe third count L N harges Charges the alleged beating and poison poison- 4 lin J It j n the case cao came cunio up UI this afternoon and lie ie decision on un the tho motion moton was vas rendered ten ren I. I t dered dore 1 l. l O. O Leatherwood assistant district dis dis- ls- ls 3 trl t attorney began his opening opening state- state c In In which he reviewed briefly the of the tho crime as the state believes history a it i Then Thou lie 11 placed on the tho stand hi Ms first witness Coult County Hur Surveyor or J. J B. B Swenson c identified the plats of the Vance ft us used 1 iu Iii II the tho courtroom cheerful this Vance appeared appeared- more morning than at any time since th tho work worl of securing a jury for tho the second trial commenced a week ago today He lie le was attended in hi i court this morning by hy A. A B. B Vance a brother who is a 1 nl member of ofte the police force of O Ogden den an and who has worked te unceasingly to save sae his brother Another member of bt the Vance faintly ty present in court this was George Vance Vanc an uncle who vim has also worked Ia hard rl to sa save e his nephew w. w |