Show YV ff 11 Milton H. H Welling N New ev Trial Motion Is Expected to Be Heard Friday Fri Frid sY y Disposal of the supreme me court action action action ac ac- tion in the Welling case presumably clears the tte way for the next step to tobe fre be taken in Thin Thir district court COUlt attaches attaches at at- Caches indicated Tuesday A motion for new trial the first firs step t toward ward appealing from the district district dis dis- court trial and j judgment ye yet has lias been pending sine since conclusion of the day sever trial tria which ended June 28 We VIe are arc re prepared to argue th the motion whenever it is c called up by bythe bythe bythe the defendant said District Attorney Attorney Attorney ney Calvin W. W Rawlings The motion has been set s t tentatively tentatively tenta tenta- lively for Friday although no no formal formal formal for for- mal notice to that effect was on fil file Tuesday in district court It also 1 is likely that the district attorney will wil desire the presence of two Idaho residents Ruth C. C Lamoreaux and V. V H. H H Lamoreaux when whim the motion is disposed of Claim Now New Evidence Affidavits acknowledged July 22 at Downey Idaho by Mr and Mrs Lamoreaux stated Mr and Mrs H H. P. P Richards star prosecution witnesses witnesses witnesses wit wit- nesses at the trial were in D Downey September 21 and that both heard Mrs frs Rich Richards say Of course I got that b but t I h uld have gota lo lot mire clore because because Idid did a Jo lot lotof lotof of work vork for that office for a longtime long longtime longtime time before I before I got that got that The referred to is the purported purported pur pur- ported p sum of an alleged unlawful claim Mr V Welling is asserted to have presented to J state board o of examiners The defendant testified d dat at the trial he paid the money to Mrs Richards for services rendered Mrs Richards testified she never at any time worked for lor the state or received any money from Mr Veiling Well Veil ing I Examination of ot Mr 1 and Mrs Lamoreaux is expected to be an im important important im im- part of the tho h hearing on the defense motion for a new new trial in inas inas inas as much as their affidavits support Continued on Page Pue Two I I MOVE FOR NEW TRIAL FRIDAY Continued from front Pass Pan One contentions raised by the motion that the defense is in possession of newly discovered evidence Other grounds set forth in the motion include allegations th t the verdict finding Mr Welling guilty of presenting an unlawful claim in in violation of f section compiled complIed laws aws of oC Utah 1917 are arc 1 That the verdict was contrary to o law and evidence jn in the trial 2 That trial was had in ji the absence absence absence ab ab- ab- ab sence of the defendant 3 That the court misdirected the jury ury Statutes pro provide de a penalty of not exceeding five live years in for conviction of ot the offense charged Although sentence may bo be Imposed Im- Im imposed posed before the motion for lor new trial rial is disposed of it is unlikely that such action will be taken court attaches said aid because of ot an ex ex- expected expected early setting of arguments on the motion and also because imposition imposition im tat- im- im position of the tho sentence was the matter most vigorously fought b by bythe I the defense in the recent supreme court action Mr Rawlings Rawling said he r regarded the he decision of the higher court asa as asa asa a distinct victory upholding the information in- in formation or complaint which had hadeen I been een filed tiled as 83 the basis of the trial I In n district court |