| Show Case Cae Again in C Co iiii Judge lorsa Heats feats Todar Toda 0 Oti For Thai Verdict Was Conrat To Law Ev Evidence akell Til Till r al 2 Ii Judge JURO Morse rOre the ar u ments or of coun el for the and Mat on the moton for 1 a new trIal In Inthe Inthe the case or of the State or of Utah V Merri MerrIll M I who va convicted or of vol on Sept 2 27 1902 for the lie hIlling or of Willard S Haym HaymIn In the hot l 01 on Nov 26 1901 and tok took the matter under advIsement i until Monday lontay Nov 10 lt at 2 V p Vm pIn the tho time for tor m In lie Ho also aI sentence to the 1011 same date Ity Kaighn WIS vas Into court COUlt ly by Deputy SherIN and up ap appeared about the ame lS as with the exception that t he vas rather pale father stepmother and ami Miss Is Coats Contes were present It at the today and during durin the I Ir lents the I Women gave vent to their b by tell tears at frequent Intervals GROUNDS FOR Ol THAL TRIAL The grounds for tor 1 a new trial urged by bytho bytho tho defense arc that the tho verdict was contrary to luw lav that I It Wil Was contrary to the eIdene Introduced It at the tho and that the verdict wal was rendered u by other than the fall fair expression or of opinIon Ion on the tho In part ot of 11 alt the Senn Ienn tar Drown and nd At Atty Frank Hormal 1 argued on ot of defendant KIngS ICing but did not argue 01 on wal hu moton nt at ul all Atty Atly 1 Eichnor made I a Y very ry brier brief ar In OpIO In Ing the motion The contention or the for tho defense wa that the ver verdict dict aR by other than the fair expressIon ot of opinion on the tho part or of tho They hy arT are led that nIne nino of oC the tho Jurors had 1 betm sworn and uc tic to try the caie and were In III the custody or of the er In room at the Harmon lock on Sunday sept ept U 14 when Miles shot harry Strong In a saloon t below th lr rooms and that ut nt least i three ot of the aw saw Strong come out or of the slon saloon and fal fall to the walk fth th blood spurting from Crom his wound and saw an Deputy Sherif SherIff Pratt arrest i and ed the shooting and hence the nt at attorney t torney contended that they ther allowed that affair to have some In Influence luence fluence Ulon upon their verdict In this ease case S OP of oC Jurors Lorenzo Young and homa W were rend read stating that they Imd seen tw the events given above and ana had discussed the nt af affair I full fair lt at length The he affidavits of oC Deputy leput Pratt Slater and Burbidge were also read which set pet out Ott the facts referred to and the further tact fact that ni all the jurors then sworn tue spot pok whee where Strong fel fell on the next morning and saw aw the Iho blod bl od on the walk and nl asked the Iho IC l that WM was whelo where the wounded lan man Cel toll The a attorneys fly tho deCenE defense contended that It only natural that s such ch nn an event have sonic minds mind mindo o of the juror stud th fact that thero lad Id been boen 13 sh scrapes II in city since that or of noy I would hao considerable on their ver verdIc dIc diet I In n view ot of al all tle the above the tho thoa a attorneys argued that In 11 all the defendant trial should 16 ho a new A Atty ty stated that under section or of the Stat Statutes ulel utes the tho for the tue defense hud had n a right tl tO challenge th the for cause even after th thy had ull been ity br this ia tel to the tho courts rey knew of th the mater matter 01 au the day ol the tho Item Hom tragedy al by bythe the of of Deputy Shel Shet m Sleater In regard to his Itis hy by Mr this morning Mr Sleater Fold Fald that ho he told Senator Brown rown on th the tol In I dl day hat the jurors juror hail had seen Ind tind that they hail had discussed It among The Tho district attorney con contended contended tended that the statute settled that point and that the jury had settled th of by bringing In i verdict or of manslaughter lence hence the tho loton motion for a now new trial should ho he denied TAKES TAKEN ENT JUlge Judge Morse then announced that h houll he would take the tho malel matter under advise advisement ment until 11 Monday a afternoon ut at 2 |
