Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-02
TWAS DARK DEED!
Revival Of The Circumstances R,ll.in5
10 The Murray Tragedy.
AN EFFORrro SAVE ruIrDE's LIFE.
The Motion for New Trial Argued by
Judge Chrfri: Incidents
In Court.

division Of the Third district cour, THE
morning, when Judge Cherry, the de.
fsndanps counsel, introduced his mo.
ton for new trial.
Just upoa the slfoEo Of 10 o'clock /
Thiede entered the courtroom, having |
arrived from the peni,entlary-whore
he has remained confined since he
conviction on the capital charge
shl time previously, attended by a |
deputy marshal. His little daughter
Annie, his constant companion |
throughout the long aud weary trial,
was there TO greet him, accompanied
by couple Of ladies. The little one
was seated against the bar enclosure,
facing the judicial bench, and upon seo.
ing her faiherentsr Der face frightened
aud she rose slightly to welcome him.
The hHt thing Thiede did was to
heartily grasp his dGu yhtet's hand
anu simultaneously bestowed upon her
an atiectionats kiF. Then he shook
hands with the two ladies who were
seated beside hrf, aud likewise nodded
familiarity TO several persons whom he
had recognized among the crowd pres.
ent. Judge Cherry at thia time went
up u fhiode, took aim by the hand
ard engaged In brief Whispered con-
vtrAAuon.
Dunug the oatiro forenoon the de.
PENDANT remained seated next h little
Annie. lie IL looking much better
than at tue trial, nis face being tue
very picture Ol health aud content.
ment, anu no EXPLOITS no mpre con.
CEN regarding his position now tnaA
ne did before his fate was given into
tue Iury'a hands, nearly W. worst
ago, lie wore black suit, with A.
teri coat, and his linen was spOuessly
white. As on eaou dSy o, tue tfiai,
lauies were again present IA oOnspicu'
Gus number.
Attne cod Of a table clote TO rhiedr
20 MOutstU SichsT uud Attorney Ben
ncr y. smith, associate counsel Tor thu
defense. 7iUnuT Wa brought int0
court lust Ifior to the opening OF Iue
M Tniu >. session 10 AwAlt tne.v verdict
vi the Jury ~ his caSr. lie whllod
away potion Vt tue t,uie " catuless-
~ looking over "a newspaper, anu, like
luiuuc, upIuatcd quito indifferent to
bis ihtr.
Judge Cherry started In 10y stain
that win "a motion Tor new iTisi
he had hfO flied "a mpii1n IN arrest 0l
judgment, aud ne pfOpO-td 20 Mr.. u
thrm together THIS WAS cas-, &c
buil. OF grave Interest anu importance
aud lao eulersd upon his tack this
murnin. witu deep sense OF giea,
resp 4 sibility, Council, Ia the fi,st
place, d sirrd TO ave hi exceptions
10 the cJur's Instructions upon several
p0inls, when ne enumerated. Among
ihtue, no excepted to that portion r.
iefflug 10 the ueiouiauys cOn essiou,
to the couTps DEF ALTON OF tue term
"reasunaDlu uuuU >" anu ON the ques'
uuu OF cifCumssautiAl evidence.
Proceeding win MS argument, Judge
Cherry remarked that the Jury seemed
to nave overlooked a very impJrIAns
duty la having hiioi TO give dut
weight anu credit 10 the fsaBouaUle
doubt wuiun existed IA this case. rheS
could not nave got their minus seltleI
oven upon tue Instructions which thv
court gave them. There was, he In.
siHtcI, ruch reasonable doubt here
that had the Jury acted according 10
those Instruct Gus and upon tue trrti'
muny ON that point they could not
have iound tue accused guilty. Tue
evidence shove an absence Ol motive,
aud the only part OF II that cIuiu have
gouv against MIN was The ale ed mis-
treatment Of hi wife, Counsel eAsayeI
to carefully review the main ingredi'
euts ia tne general testimony, and
laid particular stress upon rhluue's
conduct after tho Tragedy mani
icslAuons Of grief and anguish upo
tho discovery VI his wiit's doad byuy.
hut all this had been charged uD ~
counterfeit without any gr uud Tor u.
As To the blood upon he enuaups
clothing, judge Cherry RsRcd would
NOS rhisJe, had he been guilty, have
tried to wash the Stains theteirom
before raising nn hlatmf FOi
he might easily have uOno 80,
The lgcl Of Tn,tde having suggested
that his wife committee suicide waH a
circumstance Ia he favor, for " ne hEl
been the murderer was II reasonable Il
suppose that he would have thrown tn,
kniie away or placed II beyond reach
Had the knife been left at the spot II
would have gone to SUP, orr tue suicid,
theory, Counsel covered much more
ground aud then went on 10 deal VITA
alleged errors OF law. >de was specially
emphatic when o0nteuuing that NJ
error 0Ae G mmltted by the court IL
allowing certain witnesses, over th'
objections OF the defense, to give thei
otiulots and conclusions on certail
lnattere. Thls sh0Hid A.ve been per
mitt.d only IN tue case vi expert evl
uence. A number OF tel al authoritie
were cited In support OF this portion o
the argument. Hut pr badly tn
strongest point OF all was made o.,
Judge Cherry this afternoon, anu upOI
1.-THE largely relies Tor the granting o
his motion. THIS Ia regard 10 JuTO
GrInuski having boon permitted to ao
~ interpreter during tue trial in tn
examination OF vAriOus Witnesses VIII
testified IN the German language. Tn,
judge cOncluuoI his arguments nj "a
and Attorney J. W. Cherry then spoE
briefly In support OF the motion. III
was I,llowei by Assistant Distrlc
Attorney HowaI, who had take
cOpious notes on paper during TIA
arguments OF counsel for the defense
aud seemed to have prepared hlmsel
for an exhaus I've reply. Judg
IL wat was speaking when the NEW
reporter To- NJ $3.50