Show THORNE CASE BEfORE HIGH COURT AGAIN His Attorneys eys Base Appeal for Third Hearing on Technicalities s. s TWICE WAS FOUND GUILTY OF MURDER Shot G G. W. W Fassell Ma March ch 24 While Helping Rob Latter's Grocery Argument on appeal from the tim verdict 3 of Jf the lo lower er court in the second trial tria f Harry Harry convicted of the murder mur mur- der of George W. W Fassell March 24 2 1910 1510 was made nade this thi morning before the the state te supreme court Attorneys M M. C. C Wilson and nd Bismarck Snyder representing Thome Thoc and A. A E B. Barnes at at- orney general appearing for the state Tho Thu cd ed its appeal ou on an all alleged tl infringement of Thome's Thomes rights lu U the cond trial trint claiming that he did not hot lJ f full lf quota of f peremptory hall Cs of jurymen According to tt l Attorney rne Wilson Vio the defense wan 33 allowed at al lowed ow J but eleven challenges whereas th Ibe t law provides for fOl fifteen J Jf He c contended nt that the defendants defendant's r right rights rights' b s' s had bad b been cn rc restricted 1 in ill that tho the lower court COill would not Dot allow the jury jury- lI p to be bc questioned lcd as to whether h r tho they consider I a. a recommendation for ncr y i in lu tho event they t f fund found und und Thome Thorne guilty Attorney Gen General ral Barnes in reply s said id that ho he qu questioned whether tJ the theo o for forI tho defense had tho the ri right ht l to Lo question the toe jurors on ou the tho matter of a a recommendation nt tion for or OI mercy anti and cont contended contended con con- t tended t that t such recommendation or orbe orthe the he- jury withholding it wa was asi aside e from toe the question at issue which t was was to de do- determine termine the guilt or innocence of ot the thc Story Story- of the Crime Thc The arguments of the attorneys oc- oc the entire l morning Ou the of the decision depends whether Theme Thome will get Jet R a third trial It is also within the th power of tho the su su- su aroma ireine reine court ourt to order a dismissal of the ase Should the thc supreme court affirm the judgment nt of f the lower court the def defence de- de f fence nee would have the ri right ht to mo o for or a a. a rehearing l of the appeal which voula TonIa act as a further sta stay in In n the prole pro pro- le 8 The Thorpe case ease is one oue of the most cle in r recent e t criminal his history tor of ic ho b state Geor George or W W. dJ a ofa of a ast t Fourth So South th street street- tr was getting cady eudy t to dose close his store Match lall b 24 1910 hen ben two tomen men walked into his place e and and aDd jb tbt t he hold bold up his hands bands Lu In in later to open ripen bis safe sate When hen he be roused ro- ro us used d to move fast enough b to suit the tho thoi i mc hwa-mc one of th them m poked a arc re- re cr 91 at him and lir fired d. d lad Two Tw T Trials I Harry aud and Thomas Riley Hilcy c cr later captured and Ind tried for br the r mr 3 aud ind d' d both were convicted ID nail and to he be bot Motions for new trials were made and anil d tand the thc cases taken to iho ho i court O on oil appeal The c court u t uphold the verdict in the case ense but reversed rc the judgment t f the district court in Thome's Thomes a trial n n I the W ground that the had erred lud nd that undue influence lenc had been used irith jU tho the tho jury when horno was com coin died cHad to dress 8 himself himsel in in the same ho bo was wa alJ alleged ed to have hac worn he lie night of the holdup and forced to he a a pantomime performance of the tiling hung Wb When n the tho case was tried the second lao the jury a again J ai 11 fo ud him guilty nd ad a again ln a 3 a motion mohon for a new trial as overruled d and the tile case fe is now ber bore be bo r re the supreme COl court rt a 1 second o d time |