Show I AYNE S MA MADE DE A DYING YING STATEMENT S TA EXONERATING KAIGHN DEFENSE SAYS I Presented That Co Col M. M 1 Would So Testify If Present and Court Grants Continuance Continuance Continuance Con Con- of Murder Case Owing to His Absence Absence Ab Ab- Ab- Ab sence From the City 4 4 44 4 t T The story atory of ot events that will pl place ce Roy on trial for his f fe follows About 2 o'clock clock In the afternoon of ot November f I fe e is la as shot hot Willard S. S Haynes while the two were seated in the lobby Jobby f of f the Knutsford hotel Hayness Haynes's wound did not prove Immediately fatal f fand and nd was arrested upon the charge of ot assault with a deadly f weapon papon with intent to do bodily harm Upon this charge he had a hear- hear 4 Ins ig before Judge Diehl and was bound over to await the action of the f District court This charge was still pending when on December f Haynes Haynes died from the wounds Inflicted by Another complaint complaint f was as Immediately filed flied In which was charged with murder In the first degree Upon this charge he was again bound over an Information f against him was filed by the District Attorney and It Is upon this I information in- in f formation that he was before Judge Stewart I. I 1 i T T T T T T. T 1 if trial trial of Merrill M. M ged with the murder of ot Willard S. S nes has nas been indefinitely post- post Arthur Brown Judge W. W H. H and Frank Hoffman attorneys for rind sprung a surprise this when whan they presented an I 1 Ting fl ng J 1 which they based a motion for forI I nuance ance which was afterward ted d by the court Senator Brown will be absent dur- dur greater part of ot March It is not Ible rne that a trial of ot the case can be beb b before before ore April sence of Col M. M according to the statements of ot the theis 1 ise Is a material witness In the deLOt's de- de LOts int's behalf enabled Kaighn's atto atto aty at- at y to secure a continuance of ot the I Many Spectators filled slowly this morn- morn at the opening of ot the session were were only a hundred spectators nt but before the brief proceedings concluded several h were in oom Kaighn stepmother of ot the ac- ac accompanied by Mr Hoffman Jn In a few minutes before 10 o'clock appeared perfectly composed and ful tul ti before beCore court opened the defend- defend U M. M KaIghn his father Col t if f and his brother M M. E. E Hn arrived accompanied by Ar- Ar Brown and Judge King mg ng Kaighn steppe oVer er l others other's side and gave her an att at- at nate natt t greeting There was not a af ef f nervousness or worry about his lct es He evidently was confident I the Lne motion for a continuance would anted lie Je the attorneys consulted with l his father and brother ourt disposed of a small amount of ot rm business and then Judge Stew- Stew aid ld first case on the trial calendar t State of Utah vs Merrill M. M hn Are you ready for trial ell are not your Honor replied King If It the court please we wean wean wean an affidavit to present I The Affidavit Read ge King then read the affidavit in lIlt was waa set forth that Co Col M M. of Salt Lake City was Mas a material witness for the defense that he was at the present time absent from the State of Utah and that his whereabouts whereabouts whereabouts where where- was unknown to the defendant or his counsel It was further alleged that at the time of the setting of the case for trial the defendant was in informed informed In- In formed and believed that Col Shaugh Shaugh- nessy would be in Salt Lake City and would be able to attend the trial and give his testimony that the testimony of ot was material to the defendant defendant defendant de de- de- de for the reason that at the time of the alleged shooting of ot Willard S. S Haynes by the defendant was present In Ia the lobby of the Knutsford Knutsford Knutsford Knuts Knuts- ford hotel and had a c conversation with Haynes Hanes a few minutes after the shoot shoot- ing It was asserted that th these se facts were not within the knowledge of ot theother the he theother other witnesses for the defense and hence a continuance was asked for until such time as Col Could be present at the trial or his deposition could be taken Resists the Motion District Attorney Eichnor resisted the motion arguing that th the defense had failed to use due diligence to secure the deposition of Col and that the testimony which It w was s stated he would give would not be material or admissible Senator Brown reviewed the matter at length showing that the defense had been unable to learn the whereabouts of ot Col and that his testimony testimony testimony mony would be a material link in the chain of ot evidence by which the defendant defendant defend defend- ant expected to establish his innocence At the conclusion of Mr Browns Brown's argument argument argument ar ar- ar- ar Judge Stewart said When a a. witness is traveling from one e place pae to another it Is Imp impossible Jo Jose se se- se secure uie cure his deposition and I I. I think there can be no question about due diligence having been used un under ler the affidavit of the defendant As As- Asto to the question of the admissibility of ot the testimony the court courtat at this time doe does not feel like passing upon that question but the life lite of the defendant being at stake I think upon the showing made the continuance continuances s should be grant granted d. d No Date Set After Atter consultation among the attorneys attorneys attorneys it was agreed that the setting of ot the case would be made later Judge King said today that he could not at the present time tell just when it would come to trial After adjournment of ot court the defendant de de- de- de fe daht received the congratulations of his Attorneys and friends and was taken back to his cell In the county Jail 4 44 4 44 4 44 4 44 4 44 4 DECLARES HAYNES EXONERATED KAIGHN f The affidavit presented In th tHe a case set sel forth fort that if It present f at the trial Col M M. would testIly testify C t Immediately after f the alleged shooting of ot Haynes by the defendant IIa Haynes nes while sitting i f In a chair In the lobby of ot the Knutsford hot hotel T saT saw SEND FOR COL KAIGHN AT T r O ONCE OTE CE I T WAT WANT TO SEE HIM I IAM IAM If f AM DONE FOR I COULDN'T STAND IT MUCH LONGER AND THE TIlE 4 BOY IS NOT TO BLAME I HAVE GOT JUST WHAT I DESERVED lL j. j 4 44 4 44 4 44 4 44 4 4 44 4 44 4 4 4 |