| OCR Text |
Show so tho Bald Thomas Vance, tho said Mary Vance, In the manner and foru arofosald, willfully, unlawfully, deliberately, delib-erately, premedltatedly, feloniously, and of his malice aforesaid, did kill and murder." The poison alleged to have been placed In the glass ot water glvou to Mary, Vance while she was lying slcici at her homo lu this city was bichloride bichlo-ride of mercury tablets. After listening to the arguments Judge Lewis this afternoon derided that the first two counts be quashed as argued by counsel for the defendant. THOMAS VANCE'S SECOND TRIAL SALT LAKE, Oct. 31. The morning morn-ing session of the first day ot tne ; b cond trial proper of Thomas Vance, charged with the murder of his wife, Mary Vance, lu September of li07, was taken up with the reading of the formal complaint, alleging murder mur-der In the first degree on three counts, 1 and the hearing of a motion by counsel coun-sel for the defendant to quash and strike out the first and second counts , ot the toniplalnt. i During the reading of the lengthy complaint by Clerk N. II. Tuuner, the accused, Thomas aueo. who occupied oc-cupied a seat by the side of his brother, broth-er, A. B. Vance of Ogden, never took his eyes from the cierk. The nervousness, nerv-ousness, which has characterized his attitude In the past, was not so marked. The motion to strike out the first and secoud counts of the Complaint vas made by defendant's counsel on the grounds that when the state had tested in the previous trial It ebtt-ed ebtt-ed lo stand upon the third count anj owuu upou me inira count anj that the court had lustrueted the Jury tLat the third count was the only one to be considered in tho case. The third count charges Thomas Vance, on the 2fth day of November, 1H07, with making an assault on Mary Vance, and "with the specific Intent to tal.e the life of the eald Mary Vance, did strike the said Mary Vance with his elenchej fist and did kick, , and with his hands and feet did beat and bruise Bald Mary Vance, and did cn the 27th day of November, 1007, . . a deadly quantity of deadly poison put, mix and mingle in and with a certain quantity of water, which the said Mary Vance was then aiid there about to drink; that tho said Mary Vance al l t-i' dilnk and swallow a large quantity of the said water bo mixed and uiiugled with deadly poison and thv mcrtal sickness sick-ness occa6icnc-J thereby, from the 27tli I of November, 1907, until the 27th aiy of November. 1907. continually languished and languishing on the said Sth day ot December, died; and |
