, 1891-06-19
WANTS A NEW TRIAL.
The Parkison Case Again Called TO
the Courts Attention.
Improper Conduct on the Iury's
Part Briskly Alleged.
They Pored Over the Revised Stat
utes in the Jury Room.

The attorneys for Frank b. ParklsOn,
the soldier recently convicted OF mau-
slaughter, Yesterday filed a motion for a
new trial. The motion was qgite lengthy,
and contained some rather startling al
legations as to the deliberations of the
Jury. Following is a copy OF the principal
grounds alleged in the motion as reasons
why a new trial should be granted:
l. That the verdict heretofore returned
herein is not sustained by sufficient evil
dence.
2. That the verdict heretofore returned
herein is contrary to law.
3. That the jury empaneled for tie
trial of the case, and which returned the
verdict herein, was guilty of misconduct
materially affecting the substantial rights
of this defendant, in that said jury took
with them to their room during their
elaboration upon the case a volume Of
the Revised Statutes of Wyoming, and
consulted the same in connection with
their deliberations upon this case for the
purpose Of ascertaiuing the penalties TT
| baNuGu " II otNGIhl utSEGtH VI CIlult VI
which this defendant was accused.
4. That the attorney of the state was
guilty OF misconduct and improprieties
~preiudicisl to aud materially affecting the
substantial rights OF this defendant in that
during the trial of said case the prosecut-
ing attorney used incorporate language
calculated to, and which did, prejudice
this defendant 10 the minds OF the jury;
and that during the argument for the
prosecution the said prosecuting attorney,
in summing up the case, stated to the
Jury his personal belief of the defendants
guilt, saying, referring to certain evidence
purDorting to show that on the night fol-
lowing the finding of the dead body OF
Roy Baker. this defendant was restless
and talking in his bunk and moaning in
his sleep; that 1t Indicates to my mind
that he (meaning this defendant) was
guilty, and had the blood of Roy Baker
on his hands." And in that during the
summing up of the case, said prosecuting
attorney. over the objection of this defend
ant, used Incorporate language, calculated
to, and which did, prejudice this defend.
ant in the minds of the jury, saying, after
this defendant had objected to the manner
and language used: mo doubt he does
object, and then, although this defend
ant had. as aforesaid, objected to the said
name and language, the said prasecut-
ing attorney persisted in the use of intern
perate language, among other things say
ing to and addressing the Jury as follows:
When red-banded murder stalks into the
good county of Laramie, you have a duty
to perform; the hangman's moose should
be placed around the neck OF the offender,
and he swung into the depths of the per
dition of an outraged community's
wrath ard further saying, addressing
and appealing to the prejudice OF
the jury, 1T is your duty by your verdict
to protect your homes, your wives and
your daughters from the bloody hands Of
the murderer"
Paragraphs FIVE, six, seven and eight
are directed to the improper admission of
testimony.
9. That the court erred in giving to the
jury, over the objection of this defendant,
at the time made and exception taken,
the following instruction on behalf of the
state: Witnesses testimony is not to be
discredIted because in other respects than
as to truth and v~eracity, his or her char
acter may not be such as to be approved
by the rules OF morality and correct char
acter. The testimony of such witnesses
is to be received with full credence unless
in some manner other han contemplation
of his or her moral character his or her
character for truth and vcraclty shall be
injuriously affected"
Outside of purely technical objections.
these in substance constitute the motion.
To support the allegations as to the i'm
proper conduct on the part of the jury,
the following affidavit is attached TO the
motion:
Frederick NJ. Darling, being duly
sworn upon his oath deposes and says:
That he was a member of the petit jury
empaneled to, and which did try the case
of the state Of Wyoming as ainst Frank
B. Parkison, on an indictment TOR the
murder of Roy Baker. that he was pres
ent at the deliberations of said jury and
participated therein; that at such delib-
erauons said Jury had and consulted a
volume Of toe Revised Statutes OF Wyom-
ing, and did so consult said Revised Stat
tues of Wyoming for the purpose OF de-
termining the penalties attached to the
various degrees of crime with which
the said Frank B. Parkison was charged;
that at and during said deliberation, a
statement was several times made. in sub
stance in the following words: There
has never been a conviction under circum-
s%tantial evidence IN this county before,
Y and it is high time that a precedent was
setS>that in the course OF the argument
of the prosecuting attorney on trial of
tie said case to the jury the said prosccut-