Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-04-26
EFFORTS TO SAVE
NICK HAWORTH.
Number Of AAidavIts Gathered by
His Attorneys.
HAvEFOUNDNEW EVIDENCE
suspicious Directed Against W. @.
nIorgan-Lawyers Will Move
For Now Trial.
Especial to the ''News.")

Pennington, Davis Co.. April 26,-
The attorneys for Nick Haworth have
made another strong effort to save
their clients life. Atty A. ]. Weber,
the leading counsel for defendant, this
morning filed in the district court at
Pennington a notice Of motion for a
new trial on the ground OF newly dis
covered evidence. A great number Of
afiidavits are produced to substantiate
the new evidence which II Is hoped, by
the condemned mans attorneys, VIII be
the means OF securing new trial for
Haworth and ultimately an aoquttal
In June, 1900, Haworth was convicted
OF the murder of Thomas Sandal
nightwatchman at the Farmers Union
store at Layton, on the night of March
rs, 1892 and was sentenced TO death.
on March II, 1902 the Supreme Court
affirmed the judgment Of the lower
court, but later granted leave to APP
ply for rehearing In the higher court
and extended the time for making such
application to May !. That privilege
was waived yesterday wnen the attor-
neys asked that the remlttitur be sent
to the lower court 80 that the motion
for new trial could be made. Judge
Weber has been assisted In the discov-
cry of the new evidence and In pre-
pairing 1t for presentation to the court
by Atty, James NJ. Hamilton and De-
tectlve Sam Dowse.
ALIBI AND INSANITY.
The affidavits tend to show that Ha-
worth was insane and could not have
been present at the time the murder was
committed and that he was insane be-
fore he was committed to the jail and
has been 80 ever slnce that at the time
he signed the alleged confession at the
request of Sheriff Abbott he was insane
and was under the influence of some
drug.
Attys. Weber and Hamilton and ID.
u. Haworth, the defendants brother,
make afiidavits that due diligence was
used TO discover the new evidence be-
fore the trial, and that, in their opin-
ion. the defendant was insane and has
been unable TO do anything himself TO
find the new evidence. w. 0. Norrell,
l.. d. Martin and w ID. Davis, guards
at the penitentiary also make affida-
Wits that they believe Haworth has
been insane all the time.
COAT NOT HAwoRTHs.
The bood-stained coat, which was
found In hume about two miles from |
the scene OF the murder and was In |
PRODUCED at the trial as belonging TO |
Haworth, has been identified by Al |
bert Gray, of this city, and Brig. Rob- |
lnson and wife of Ogden, as belong |
Ing TO one William c. Morgan Robin. !
son and his wife declare that the coat I
was worn by Morgan when he left 0g-
den on the afternoon OF the night the
tragedy occurred, to 90 TO Layton. Sam |
Grioe. an inmate OF the county Jail, |
has made an affidavit that he saw Nor
gan and Thomas Kelsey drive into the
city early the morning after the muir
der. The team appeared as II II had
beer driven hard, and as an excuse
for their fast driving, stated that they
had been up near Bountiful and had
had racket.
Other facts which strengthen the ALI
bl are set out in the afiidavlts Of John
Vanderveen, 7. w. Nye, Mrs. J.. U.
Reayis and ]. w. Browning, Jr.; who
declare that they saw Haworth In
Ogden frequently during the afternoon
and up to 10 o'clock or later the night
the crime was committed, thus making
II impossible for him to have reached
Layton by midnight when the murder
was committed Lorenzo Farley and
d. X. Farley make affdavits TO the
effect that Richter, their former part
ner In the saloon business, could not
have seen Haworth and Reavs drive
into the livery stable, next to their sa-
loon, early the morning after the muir
der as he was not on shift at that
time.
EVIDENCE OF INSANITY.
Sam Dowse and former Deputy Sher-
in NJ. l.. Perry depose that Sheriff Alb
bolt told them that Haworth was 'as
crazy as bed bug"
William Broadly, Henry Maitland, ]