Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-10-12
MISSING CONVICT
WANTS NEW TRIAL
Queer Coincidence; One More
Chance Before the Bar of JUS
tice Asked for Lynch.
DECLARES He is INNOCENT.
Allegation That Escaped Prisoner Did
Not Murder Colonel PrOwse-
Theory Of Escape.

The attorneys for James Lynoh, the
escaped convict. and Robert j.. King
his confederate, who refused to make a
break for liberty. met in the state law
library this morning and exchanged
pleasantries over Lynchs escape. 1t
will be remembered that Atty. WIN Il.
Wanless, formerly represented both
Lynch and King, but when the Italian
consul at Denver took up Kings case
and interceded In his behalf, an at
torney was sent here from Denver so
Mr.. Wanless withdrew rs Kings at
torney but remained IN the case IN
behalf of Lynch. When the Denver at
torney left this city he instructed kings
case to Attys. Prick and Edwards.
The second appeal OF the case against
the two convicted men Is set for argu-
ment today before the supreme court
SO when Mr.. Edwards entered the state
law library this morning he encoun'
tered Mr. Wanless. who was busy look
ing ~ authorities to be used IN his ar
gument, and said to him. well, your
man didn't walt to get his case before
the board Of pardons or the supreme
court?"
mo, beat you out after ALL Wan
less replied with a laugh. Continuing
he said Lynch is out hunting new
evidence to be used In his new trial
which the supreme court is going to
grant him."
This remark was met by hearty
laugh from all who were near enough to
hear the conversation, The attorneys
then separated and went their respec-
tive ways
ARGUMENTS JUST THE SAME.
The fact that James Lynch has es-
capped from the state prison viii not
Interfere In the least with the argu-
ments In his behalf before the supreme
court this afternoon. as the case win be
argued just the same as though he
were safely confined In his cell at the
state prison awaiting the outcome OF
the attempt of his attorney to secure
for him n new trial The case Of the
state vs. James Lynch and Robert l..
King, convicted OF the murder of Col.
Godfrey Prowse, is the third one on the
calendar today and will not be reached
until late this afternoon.
Assistant Attorney General White
Will argue the case in behalf OF the
state. Attorney Edwards of the firm OF
Frlck & Edwards. will represent King,
In his break for liberty, and Attorney
| VIII +. Wanlcss will argue the case in
behalf OF Lynch whose whereabouts
are not known ut the present time.
| THIS is the second appeal Of the case to
| the supreme court The first appeal
| was unsuccessful Cor the defendants. A
| motion for a new trial on the ground ~
| newly discovered evidence was then
made In the district court, which was
| oVerruled by Judge Booth. This appeal
is from that order of the court
| The newly discovered evidence was to
the effect that witnesses at the trial
| We're mistaken as to the identity Of
| King, and alildavlts OF the witnesses to
that effect we're filed In support of the
motion for a new trial. Afiidavits were
also filed to show that a man who Is
serving time In the Colorado peniten-
tary was mixed up in the crime and
| that King was mistaken for him
Lynch also made an affidavit to the ef-
feet that King had nothing whatever to
do with the crime, After considering
the aiiidavits for some time, Judge
Booth oyerrued the motion for new
trial, and this appeal was then taken.
II Is the contention Of Attorney Wan
less that, should the supreme court see
III 10 grant King a new trial, II will
|
two cannot be segregated so as to give
King, new trial and deny one to
| Lynch.
ESCAPE THEORY.
The opinion was expressed TO n
News" representative this morning bv
one who has followed the Lynch ana
King case closely since the arrest OF the
TWO men for the murder Of Col. Cod
frey Prowse, that Lynchs fellow con-
Nicts, who served time with him In
the Idaho state prison. planned the re-
cent jail break and that Abe Majors
was chosen to attend to the affair on
the inside, 1t Is believed by the
News Informant that the same par
Ties who assisted Lynch In his attempt
to escape from the county jai are
mixed mp in this affair and have as
sisted Lynch In making good his es-
cape.
1t Is his belief that these men have
furnished horses for Lynch to use in
his escape. 1t is very probable that
they mad horse In waiting at the first
clump OF bushes east of the prison
walls, where the traces of blood, sup.
posed to be from Lynchs wound.
ceased and that from that point he
travelled horseback He believes that
Il Is not improbable that several OF
these eX-conyicts went with Lynch as
a body guard. II would be a very easy
matter for them to pass as n posse In
search OF Lynch himself In the event
that they encountered anyone "A their
travels and thus throw off any sus-
plcion which might be cast upon them.
with such assistance as these hardened
Criminals could give II would be a