| Show BAYNES MADE AbE A AD DYING YIN G S STATEMENT T A iE EXONERATING DEFENSE SAYS The trial of ot Merrill M. M Kaighn charged with the murder of Willard S. S Haynes has been Indefinitely post post- d. d i H Senator S r h Arthur r Brown rown Judge W. W H. H King iCing an and Frank ra Hoffman attorneys for forthe forthe forthe the def defense defene se sf brun ru a surprise this i when v n they presented an they based a motion for f ul ci which was afterward II b the thC court courtS r Brown will be abs absent nt dur- dur fi 5 gr greater ater part of March it is not o i IS l at a trial of the case can be before 1 a bore fore April 9 absence of Col Cot M. M a to the statements of the thes ie s 3 s a material witness In the de- de behalf enabled Kaighn's at it- vs ya vs to secure a u. continuance of th thi the i J. J Many Spectators E courtroom filled slowly this mornat morn- morn land n at atthe the opening of the session Fr ee re t were Vera only a hundred spectators r sent pt but t before fOre fore the brief proceedings concluded ncr d d several several hundred were In fia room Ms KaIghn stepmother of of the ac- ac l Jis sed d accompanied by Mr Hoffman Jn In n a few minutes before 10 o'clock j I. I 1 perfectly composed and S court opened the defend defend- r I 1 M. M I his father Col r r i SI M. r. r Kaighn and his brother M. M E. E IP arrived arrive l accompanied by Art Ar- Ar 5 t tc thur Brown and Judge King ll tl ung 1 stepped over to his P p 1 Stepmothers side and gave aye her an affectionate af- af greeting There was not a a. trace of nervousness or worry about his manner He evidently was confident that tha the motion for a continuance would b While the attorneys s 's consulted consult rl with the the- defendant his father and brother brothel the court ourt disposed of a a. small amount of V- V routine business and then Judge Stewart Stewart Stewart Stew Stew- art said The first case on the trial calendar Is the State of Utah vs Merrill M. M Are you ready for trial ye We e are not your our Honor replied Judge King If the court please we have an affidavit to present The Affidavit Read Bead Judge King In then read the affidavit in which It was waa set forth that Col M. M of Salt alt Lake City was a material witness for the defense that he was at the present time absent from the State of Utah and that his whereabouts whereabouts where where- was unknown to the defendant or his counsel It was further alleged that at- at atthe the time of ot the setting of ot the case for tor trl the def defendant was In Informed Informed Informed In- In formed and believed that that Col Shaugh Shaugh- nessy would be In Salt Lake City and would be able to attend the trial and give she his Ms testimony that the testimony of 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 the lobby of the Knutsford Knutsford Knuts- Knuts ford tord hotel and had a conversation with Haynes a a. few minutes after the shoot- shoot Ing It was asserted that these thele facts were not within the knowledge of the theother theother 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 I Resists the District Attorney Eichnor resisted the motion arguing that the defense had failed to use due diligence to secure the deposition of Col and that the testimony which it was yaa stated he would give would not be material or admissible s Senator Brown reviewed the matter mattert at t length showing that the defense had b been en unable to learn the whereabouts of Col y and that his test test- testimony mony would be a material link in the chain of evidence by which the defendant defendant defendant defend defend- ant expected to establish his Innocence A At the conclusion slon of Mr Browns Brown's argument argument ar- ar Judge Stewart said When a witness is traveling from one place to another it is impossible to se seI secure secure se- se cure his deposition and I think there can be no question due diligence I having been used under the affidavit of the defendant As to the question of the admissIbility of the testimony the court courtat at this time does not feel like Uke passing upon that question but the life Ufe of the I defendant being at stake I think upon the the showing made the continuance I should be granted I No No Date Set i After consultation among the attorneys attorneys attorneys It was agreed that the setting of the case would be m made md d later lafer Judge King said today that he could not at th the present time tell just when it would come to trial r rAfter After adjournment of court the def defendant defendant de de- de- de f received the congratulations of his attorneys and friends arid was taken back to his cell in the county jail |
