Show i REFUSED FUSED NEW NEW- TRIAL BY Y Yh f h JUDGE I O SE SENTENCED DEFERRED Mans Man's Counsel Will Carry Case to to Stated State d Supreme Court in Hope of t Delaying Time of Execution tion L i I n BULLETIN i Morse at o'clock ove overruled motion for a n. now p it trial atrial The Judge did not review leview the case His remarks were brief and f r to the tho point Sentence was deferred until September 2nd L Judge Morse this afternoon overruled the motion for a n. new trial for Peter convicted on the charge chars of murdering James 11 H. Hay Iray The court analyzed each ench ground presented by the defense In support of the motion and held that In none of or the proceedings s of ol the trial had there been any error prejudicial to the rights of the defendant counsel moved that sentence be deferred In order to afford opportunity op op- to file a n. motion in arrest of Judgment District Attorney insisted upon sentence without further dela delay Attorney Stewart pleaded for a 0 afew few Sew days days' respite and Judge Morse fixed Tuesday morning S September 2nd nd at 10 XO o'clock a as the time for passing judgment SHOWS VS THE EFFECTS TS OF THE STRAIN sat between his attorney his father and his brothers Henry Henr Jand nd Jesse He Be showed the effects of or the time strain more th than n when he was walling waiting for or the verdict at the time of his trial and was very pate par But he made no motion motion mo mo- tion whatever sitting as If carved from stone Ills fath father r and brothers seemed to 10 feel Instinctively that the decision of the court would be he against the time defendant defend defend- tint ant and plainly showed the strain under which the they were placed SYNOPSIS OF THE DECISION OF JU JUDGE GE MORSE In giving his decision Judge Morse briell briefly outlined the grounds rounds upon which 11 t new trial was asked and then said The principal question raised Is the one of the Jurys Jury's visit to the premises I n here the homicide Is IB alleged to have been committed without the presence of or the defendant I have ha-e examined with great care the cases and authorities cited b both by-both both the State and defense I think the law is that the defense unquestionably ably has the right to be present when the Jury jur views the premises But I can find nd no case In which the court has compelled the defendant to go bO against his will Such action would in effect compel the defendant to exhibit himself before before be be- fore tore the jur Jury AUTHORITIES CITED DO NOT APPLY TO CASE The court then cited the cases bearing upon the points raised nosed and held that they did not apply to this case where the defendant had refused to go 0 when Offered the opportunity The other othel grounds set out in the motion motion misconduct misconduct of ot the jur Jury statements made by the District Attorney In his speech to the Jury the admission of ot the evidence of ot Mrs James R. R II Hay and the contention that the verdict was not sustained b by the evidence were evidence were then reviewed by the court who held that the they Involved nothing prejudicial to the rights of the tho defendant For these reasons said Judge Morse 1 the motion for a new trial must be L MOVES FOR IMMEDIATE TE SENTENCE I move moye for sentence and judgment upon the defendant at this time said s. District f Attorney EIchnor We Ve take an nn exception to the ruling rulin- of the court denying the motion for a anew new trial and ask that judgment be deferred for a 0 few days clays that we may h haVe he e 4 in to n opportunity to to filc llie h a motion In arrest of ot Judgment jl t said Attorney Stewart wart Attorney objected saying that se seVern several eral I continuances had now ow l been een granted and that the defense c had had since June to prepare for such a motion notion which should have been filed at or before the time for passing sentence MOTION NOTION SET FOR HEARING ON SEPTEMBER 2ND After Arter some further argument h by both State and defense e. e Jud Judge e Morse said The court will give you an opportunity of filing flUng this motion if you OU desire and designate September 2nd at 10 o'clock as the tune time for passing passins judgment Upon pon the d fend defendant en brightened and antI appeared to appreciate the respite granted He lie looked quite cheerful as he was taken back to Jail The case was vas appealed to the State Supreme court In the hope of delaying the execution The officials at the penitentiary showed d a marked degree of interest In the case today and awaited the decision of the court with considerable eagerness s. s They were WOre anxious to learn leun If the prisoner would come into their charge for safe keeping and if so o how hot soon oon the change would be made |