The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-11-22

the shops OF the prison. but are kept
under lock ard key constantly. never
being allowed 10 so into the prison
yards. but Vance ls allowed an hour a
day IN the yards under guard All the
exercise they manage 10 secure is by
being allowed 10 pace the steel cago
Outside their cell. when tho other pris-
oner6 are az work. Vance occupies
cell in what Is known as "murdcrers'
row. and passes his time constantly
under the watchful eye OF one OF the
guards. While showing the prison pal
lor quite distinctly. Vance seems To
have suffered no particular hardship
through his long term OF iucarcera-
ton He has grown somewhat neshy.
Is strong, active and hoalth1l He Is
a third-class prisoner.
Review Of Case.
The Killing for which Vance was
convicted Is still fresh In tho minds of
the public. Vance was accused and
convicted Of having caused the death
OF his wife By beating her and also
by dropping poison In a tumbler OF
water which the woman drank, sup
posing IL 10 DC clear, harmless water.
At the time OF the trial. public Ccn-
timent favored Vance "A tho trial pro
gressed. but Lafayette Hanchctt, fore
man Of the jury which convicted
Vance. declared after the trial that
had Vance not been placed on the
stand he would not have favored i
verdict Of manslaughter. but that the
description given by Vance OF the To-
cation of the stand upon which the
tumbler OF water was resting. aud
how he stood when looking into the
room at his sleeping wife. caused the
jury 10 return a verdict of murder In
the first degree. The Jurors apparent
ly paid little attention 10 the charge
that Vance kicked his wife to death.
Since the return OF the verdict and
the passing OF sentence, certain ma
terial evidence has como to the atten-
tion Of Judge w. L. Maglnnls. OF Og-
den, chief counsel for Vance. and At
torney John Tobin, associate counsel,
which has caused them to feel posi-
tive that when the case Is presented
TO the supreme court a new trial Will
be granted
An application was made several
months ago 10 Judge Armstrong by
Judge Maginnis for a new trial, but
the application was refused, although
Judge Armstrong allowed an appeal
TO the supreme court without prejud-
Ice. owing TO several questions OF law
which he did not care 10 pass upon.
Since that time. and since Vance was
sentenced to be shot. afndayits have
been secured by Attorney Tobln.
which arc said TO be OF such a char
acter as TO strongly prove several con
tentions advanced BY the defense at
thethe time Of the previous move for i
new trial. Vance still appears to pos
sess the weight Of public sentiment
upon his side, and should new trial
he granted, the general opinion is that
a conviction of first degree murder
will not follow.
To Refute Mrs Ward.
The most bitter witness against
Vance in the entire trial was Mrs.
Amanda Ward. former wife of an
uncle of the accused It was mainly
her testimony which caused the jur-
ors to favor verdict against Vance.
although it WAS said at the time by
Mr.. Hanchett that the jury. while be-
lieving her, returned the frst-degree
verdict through the testimony OF
Vance himself. Ahldavits were secur-
ed. it is believed, which will offset
the testimony given by Mrs. Amanda
Vance Ward. and these will be laid
before the supreme court this week
The outcome OF the case will be
watched with much interest by the
public at large