Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-10-10
King and Lynch Case Being Heard
Before Judge Booth Today,
THIRD MOTION NEW TRIAL.
King Was Calm aud Lynch was
Nervous During the Proceedings
Arguments OF Counsel

new trial in the case OF the STATE vs.
Robert J.. King and james Lynch, VINO
,,..,.o ,.,,t.ro,J to poy tba dpath non.
$780,, ,.a,,,,.
any IoI VIC i""'u' w '''"'''
ProWse, which occurred or me 0ileeP
Ranch gambling house ON Commercial
streat an sou, to 1860 was brought
p...,. .,,.t... ,.,,.,.i,,, i,,
up pel"'e '"""' ''''' '''i'
the criminal division OF thr slIi''
court.
,rbo .o,,3.,,,.a man ,,ere hroupht In
t.ar, ,hn n,nitentiorv mis- morning by
tyorle, riow and Guards IRE and
$500 ,rb,y ,yero brougbt INTO the
n,,r, noon, ,bo,,t 4, minutes before
,,,, ,,',.1 md snant Inc time in
ti,l r,Ebt.t.f police Hilton. vas
ti",,,i177i..,'',, ,i,,gip, a., ,ro,irnpufs ana
.,t,5 Latb the rri.,pars and had "a
t,.,.f IAN, ,,itb thep Tbey wore neat
t,'s.',t AND o,,raared to lac I'm good
,,,ei,si 'ondi,iIr t.lno during tho
n,.,.,,,,,a,,,s U',s decidedly calm but
h l,.,,...,.'d 100. ns,,.ous and y.as
9,im,,n1, sbit,ino bis pnsitiou Eis
h.'i ,r 80,
''' '' ~" ,,.,. ,..,.,.s..a,,,,i ,,dsv las Al
go, ,,iii /, v,a,,iess Mo defepdad
~ , ,,i'i ana has
~, U'','i,e'''S W., tti,ts an the
WI NeI "lul 1u''''ms ,"'' ,fico,s ,n
t"9p ~, wv NJ 80, t,a. httor,o,.
luS'' Isl' 'ooNS! 80, u' ,5 ~ AZ
H. '' hlN" uH vi ln's wy ",,, 'i
'"' "Oo"' l'V',' W 1911, Len, T.,
SeHl oul he,t pS wv lt"u'l '.,'"l ~"
NAV wv "iilgn lias ,oNe' wy ,''e ' "1
ol iello" coun'I '"'n anu zee ~
lahced lhe money 70 secure attorneys
LOT MN ana oeaF lhe expense "
pairing lhe motion Tor new lIlol us
trlct Attorney Elchh"r presented IN,
arguments on nthall Oh lh' S'"'e an"
against the Hlouoll
Attorney Nauless optHeu lhe
arguments on Oehau ol pe,
PENDANT l.ynch ne sWleu
mat since the case was lil'u' Two mo-
IONS Tor new ttlal beside lhe present
one We're argued urloie Judge o'eNaI .
me on me ground OF an UnpIul
Juror sitting on the case. ana NE oiner
on newly discovered evidence. me hio-
tons We're pom oNeftultu' put II ap-
pears IRON the decision oil the supreme
court IN TINS case lhat lhr court bdu me-
jurisdiction on thosr matters 'oullsel
tAen moved that the rullnS on those
motions De SET aside ana, lhhl lhey ne
considered at THIS time. Judge Boom
1verruied The motion
DIST, Atly Elchnor moved 10 nave
the alldsVlts OF hlhg' Myers NarWo'd
tha Mace hltlOheh lIohl ln' mes Wv,
tle reason that lhey were hVl hI'u
Wlthin Ue statutory uUl"' lhtS nav Wy
b'eh iled only lnN lnoiHlhg, lh' court
ruled thnt he would consider an IN.
'llaaVlS
AIT Wdhlcss theh pio'e'ueu WIN ms
Argument he ltau lHv hISl alhuNN u
90 Johh Mace, the Colorado voh'l !,
VINO met MatlheWS' puVehpoIt ailu
Suanse IN Osdeh on me ino'hllis al'el
tne shoouhs' IN 'ne alnuaNlt ne suN
inat davenport tol1 MN lhal JuIl1
strange ANA MATTHEW'S nau sourn lhtu
trouble IN Salt LAKE the hlshl pelott
ana wanted 10 get OUT OF toNh' lie lolu
ailant thar they hnd held up the sheep
Nanch clup ana had KILLED man Inc
men lrit Tor wyoming that night ana
lAttr Davenport showed aulaht thf ralt
Lake papers when had an account OF
hlng arrest Tor the crime ana ooll
ne ana Matthew's Aald that klhs was
hot IN ihtir crowd ana that Vey did
not know nun. Davenport ana strange
S9lu that lhcy had planned me holdup
Whlle they We're IN the ldaho STATE
prison, strange said That he was Ga
man VINO bought tue Vallse ana haud-
herchlets from witness MEYERS TO use
IN the hoidup and ihat ne SHOT froWse
The counsel argued mat the above
alildaNit AFFECTED l.ynch's case because
II would cut out me testimony oi VIII
nessts Meyers ana Wlttenburg' WIN.
identified Ning as the man VINO pur'
chased the ialise ana handkerchlet'
anu as the man VINO ran down inc
alley after the shooting ana entered III.
'dslno saloon
the law hoids, said MI. Nanless
that the acts OF co-conspirators are
evidence against each other when th'
conspiracy IS proven, but where sucf
conspiracy Is not proven such acts an,
not evidence. Now II the witnesses are
mistaken as To the Identity of Kin"
as they say they are In these aiidaNits
men there could have been mo- con.
spiracy between these two defendants
ana the acts )t enc could not be con
tdered as evidence against the other
r.frs