Show ASK NEW TRIAL jet I IN VANCE CASE Attorn for Convicted Wife Mur Murderer Murderer derer Sets Up Claim of Unfairness SAYS SAY SA JURY WAS PREJUDICED Plea PIca for lor Rehearing on ent o or of Error of or Instruction of Jury by b Judge Armstrong In lit the argument of the tho caso case of Thom Thorn Thomas Thornas as BS Vanco Van CO convicted of or h was wn heard before the tho supreme court today a now new trial was requested by his hla attorneys s W S E McGinnis of ot Ogden Ogdon and John T F Tobin The Thc appeal was vas 35 prosecuted on an nn an assignment of oC errors According to the tho complaint filed flied against Vance ho was wa charged d with murder In three counts oo rits It Ii Avas IS as set sot forth that he beat at his hla wife on on p Nov No 25 2 1907 1901 causing her death that he ho poisoned her on the tho next day causing her ber death and that the combination of ot the tho two offenses caused her death on Dec TIce 7 1907 During tho trial of ot the tho ho case caso CL V before Judge G G 0 Armstrong the de do defense ense requested ted tho the prosecution to elect one of ot the three counts on eu which It in intended Intended Intended tended to maintain its action Dist IMst Atly Aty Fred C chose choso the third count the combination of ot tho the beating and the tho poisoning as causing her Iler death After the prosecution completed its case the defendants d ten ant counsel requested the court to compel the states at attorneys attorneys torne s to elect cl t which offense of the two caused the womans death Judge Judg Armstrong refused the tho motion modon and It was assigned as u one ono of o the errors errer When Instructing the tho Jury the tho defend defendants defendants ants ant attorney asked the court to in instruct Instruct the tho th Jury that unless the 12 men who were on tho the Jury could agree that both causes alleged In the combination resulted In the womans death that they should find Ibid the defendant not guilty Tho The court refused ref d these th e instructions and It was assigned as one of or the prin principal princIpal principal cipal errors SAYS JURY Judge Maginnis argued that tho the two causes alleged In the combination were distinct crimes not being committed on the same me day da and that one or the other othero of o them caused her deathS death but not both Judge Mcginnis admitted that Vanco had hud beaten his wife but denies that ho he poisoned her If rr the defense had elected ono Judge Maginnis declared that tho the testimony In regard to the tho other was wa wa not admissible Because the court overruled his motion for or an election of or orthe the causo cause he says ys that the tho Jury was prejudiced by b the testimony was wasll admitted ll concerning the other and that the tho defendant was 33 not given slen a fair trial For this reason he asked that a anew ane anew new ne trial ba b granted Vance Vanee Tan was as sentenced to be shot but bul buta buln a n stay sta of ot execution was obtained on the writ of or appeal He now occupies a n acell acell cell In murderers row rots rowS at tho the state SLa prison Since he was sas incarcerated two years ago ho Iw has been a model prison prisoner er H erTho The Tho caso case was one of ot the hardest fought In the Third district court Tho defense claims that it has bas nosy new evidence to offer otter If 1 a now new trial Is granted Ar Af Affidavits have ben been n secured tending to Impeach each the testimony of ot Sirs Mrs Irs Amanda Aman o Vance Ward W rd a former wife wite of the brother of the condemned man JOHN STEVENS STEENS COURTSHIP A Story of or tho Echo Canyon War Var WarBy VarBy nr By Susa Susn Young Gates A new charming story by Susa Young Toung Gates Just Issued from the press It Is adopted in the tho Reading Course bourse of the Young Mens MenUs and Young Ladles LadIes Association Price postpaid DESERET NEWS BOOK STORE |