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Show !"' j: MURDERERS ARE DENIED NEW TRIAL HI I Thome And Riley Must Pay Penalty, '" Says Supreme Court. 'It HBfj: ' Harry Thornc find Thomas Hlicy Kf t ' must pay the full penalty of the law BE ' r for the murder of OeorBo M. FnBBcll, BBJ ' !j who they shot and'-killed on Mnrcn Bikc t. 20, .. . , unless 'the hoard ot pardons H if j. lutuleies. HHlt ' i ' ; The supreme court handed down BH ' , mi opinion nlllrmltig the Judgment ot BBK , . j, die Ywcr court in the Thome case BBj' ' '' Vnil dtnylng n new trial this nfter-BBlt''r nfter-BBlt''r J jioon. The court handed down nn B'm ' P oplnlou denying n new trial to Itlley BBb - , rovcrnt months ngo. He then petl-BBJ' petl-BBJ' tloned for a rehearing and this after-BBV-- . I noon tho supremo court denied n re-BBS' re-BBS' hcnrlng. BB ) Hlloj's only hope Is now with the BBff board of pardons. HBB Thorne will have twenty days In BBS , which to flic n petition for a rehear BBS I lug. Should he fall to do bo within BBS the time limit he will bo tnlen before HS Judge T. I), l.iwls, who has twice BBS f ! Renti-nred lit m to death, and ho re- HHS , sontriirml. BBb Rflev ,ViHl Die, Too BBB ' ' T'ie denial of the Ililey petition BBB 11 menus that within n few days Klloy !wlll be taken before Judge Lewis and resentenced. Both opinions, as hand-f hand-f c m by tho supremo court todny, HI .' i j the written by Chief Justlco J. H. BBS ' I"r ' mil ('(incurred In by Associate BBS I ..us ..ob William Mccarty nnd D. K. BBS f Ktr.uii'. Tliu two opinion's cover near- BBS ' ly foity pages of typewritten matter. BBS In boll. ou:iiIoiib (he court deals al BBS most entirely with the law, tin fact BBS j . li.i'.'Tg heen stnteil In the former BBS ' I optnlmiE. This Is tho second time that HBB !' Thorno has appealed to tho miproni" BBB ,i ' rouit for it new trial T'ie first time HBB ! I1 a lie-' trial wiih gianteil nnd Tho'iie HBB il uot( "$''' ' (onvtrted on the charge of BBS J 1 imju'er in Uie.tlr.st degree. The court BBB ,i I In tho fliml deciec holda that there H HBB i )( urcui. 1 for it nev tilul anJ It iu BBS r dented. iHHHV I i Histsry of Thorne Case. HBB ! j. .! .Ceorge W. I'lissull, a young mcrcii- BHBj !; nr.t. wlui was the support of his motii BHB 'i cr i".(i j stcr, was murdercuTln tils H slorc en M.u night ot March 24, 1010, HHHj . ' vj j by iuio of two holdups. Harry Thome BBBj j ; and 'Xliomnu Hlley were arrested with- BHBJ I -j lu ii few hours of the crlmo nnd BHBj 1 . i Thorne. confessed to tho killing ot BHBt I i j j KiihsoII. He shot because Fasnell dldj HHBJ ':' not obey his commands to move back BHBJ 'I Ire m the front of tho store as qulc1; HHBJ ) t ly as Thorno wished. BHBJ f Thorne was arraigned In the district BBBJ com t April 12. 1010. when he entered BBBJ v. plea ot not guilty. Tho trial was K begun Juno 2S, 1910, and tho jury re- B '; tinned a verdict of guilty July T, 1010. HHBJ j No recommendation for mercy was HHBJ ' made by tho Jury. HHBJ Thorno elected shooting na tho HHHJ ! . means of execution of tho death sen- B ! tence, July Hi, 1910, nnd ho was sen- B , t ciiced to be shot Friday, September H BBBJ , Notice for it new trial was filed 1 September G, 1010, and this motion BHHl wns denied September 7. On October H' 1G, 1910 nn order was mndo giving his H attorney thirty days' additional time H to piepare a bill of exceptions. This B ( , bill wis riled November 18, 1010. Tho B ; ! enfo was argued and submitted in the H hinni-i'if couit March 2, 1911. Tho HHHl nt 'I ourt was reversed on nn opinion by JiiBtlce Straup May 29, 1911, and throo days later the case was returri-ed returri-ed t the lower court. Tlicno's case was sot for retrial 'n i e district court October 9 nal was continued until October 16, Ult, nnd again until October 18, when the retrial was begun. On November 1, tPlt. the Jurv returned a verdict of guilt), with no iccommendatlon, Another An-other rctrlnl was denied later, nnd Thorno wns sentenced to bo shot Fil-'av, Fil-'av, December 22, 1011. On November Novem-ber 10, 1911, ho wns given thirty days to prepare n hill of exceptions and the cano has been hnnglng fire In tho "V eme court since thnt time. Itlloy who was arrested with Thorne, wns tried In the district court and wns convicted but his case too, dragged because of the delays In the Thorno case. The trial of Thome In tho district court wns most dramatic In Its Intensity, Inten-sity, Thorno donning the clothing he wore on tho night of tho murder nnd re-enacting the Bcene of the murder with graphic fidelity to detail. It wns because of the nllcged error of tlu district judgo In permitting this pre cedure. Thorno's defense wns that no shot nccldentnlly. |
