Show A It t L lo out Nt o oga ga NIt for 1 1 lion Hon Thomas Fitch was seen this b by a representative of oC Ut the N and answered a number of question u follows Will an appeal be taken tallen In the dla II Jon Jor cue case to the States supreme court I do not know mow Jm I am not hi his coon al 1 In the courts J I appeared before belore the board of pardons at the instance ot of the Christian ladies to present his hla petition for lor a commutation of sentence and 84 m my duties ended 1 with such but aut I do not see Ife how an 11 ap appeal appeal peal could be taken to the United States tee supreme court The Federal courts courtl have no Jurisdiction In such uch a aea ea rue There I is nothing In the record to 10 furnish ground for Cor the interference of tb the Fe Federal ral courts Could g more be done before the Utah O courts Possibly The of the Juror has haa never been before either Judge J ud flirt or the supreme court Had nad It been made th the bull basis of III an application for tor a now new trial before and nd supported by the all davit of Phillips Borden Dordell Richard others the nw new trIal would I think under UDder tb the authorities have bave been grant granted t ted ed either by Judge Hart or by bJ the supreme courtIs court Is II It too late to make mke such an application cation now If t the evidence of prejudice prejudice dice depended upon the of Wm Phillip alone I 1 should 1 say that It ItI Itis I is too late for the tact facts staled Itt in Phillip were known to 71 Ia JC In May 1 low and ana 0 one statute tut re requires quires a motion for lor nw new trial on that ground to be made within thirty days AY after th the discovery of 01 the tact facts But the witnesses Mr Jm James loden Boden and aDd Mr Reese ReHe make dIt u uto uto to statements made by Forsgren show Iao lag Iq his tala prejudice which statements were at al different time and aDd plates and andin Iu in the hearing of different persona from the statements made madl In the bear bearing ing I of sern ern Phillips Phillip The facts to by Bo Boden en and n Richards were not discovered by Majors MaJoN or by It his counsel list leat Thur Thursday la and could not ot h have beam beeD by the eurel ot of nary n There l I no prohibition I iii statute against Ute the making ot of a second motion for lor new trial at aay time thale after Anal judgment provided Jt It Itis is Ie made upon ground not assigned In Inthe the U feet motion molon for a new trial anti and upon feats discovered Within thirty dill of u the time of making tb the mo me Could each ch a motion be mule made sad dete determined before the day set let for tbt s fl flIt It If the t court at t Brigham City be Is In yea and that If Judge JucI Hart denied the motion an n order M layl haying t the execution until the could be passed paNed upon by the aup supreme court would undoubtedly be granted Will you make such a motion I 1 am net DOt counsel of record rd for M Ma Malore jo lore and u I 1 stated beforE my duties ended ende with the of hll hi JUt cast castLo to Lo board ot of is dons I 1 do 10 nut not know r sa bt an any event my 01 other on en laments ment would permit m to give five lusher time to hi his cue cane Rut Out his inter lliter Nits cats an lit to pod goof hand Mr tI 91 K fl lance Jone of 01 am CIty end Mr J D Dall all MV have been erit and tn ta theirs to n him and they will undoubtedly y 1111 them dyer ht of any y possible Ie remaining V fast I do yon 1 think ot of the action of he board of pardon 1 Is I hu hl d a Ilima I lima Vi It at the result II noes Parity but bat I 1 have ban gas doubt that not noc 11 the 01 of the UIe board bard ot of par ar 11 Ins but Judge liar Hart u sad the county fit of i y tI and Mr n and nd till 1 n 1 itt th Ii tad Id conscientiously JI s gyI Uk the did nd followed their et dIU duty |