The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-11-22
SEEK NEW TRIAL
FOR THOMAS VANCE
Counsel for Convicted Murderer
Confident Their Petition
VIII Be Granted.
SUPREME COURT TO HEAR
ARGUMENTS THIS WEEK
Claims of the Defense to BE
Supported by Several Strong
AfiidayitS.

Thomas Vance. convicted wite-mur'
dcrcr, now under sentence of death
viii pass at least one more Thanks.
giving day behind prison bars. Vance
has been in confinement nearly two
fears, and since his conviction by a
jury in Judge George G.. Armstrong S
division of the district court. has passed
the last year at the state prison. Vance
may know his fate before the dawn OF
the New Year, as his case viii be con
sldcrcd by the supreme court either Fiji.
dav or Saturday OF this week.
Since his Imprisonment Vance has
been n model prisoner. Warden Pratt
has experienced absolutely no trouble
with him. and so far as his record at
the state prison is concerned. he has Il
clean slate Prisoners under sentence
Of death are not allowed TO work in the
shops, of the prison, but arc kept un-
der lock and key constantly, never
being allowed TO 90 into the prison
yards. but Vance is allowed an hour a day
i'm the ward under guard. All the cXcr-
else they manage 10 secure Is by be
ing allowed 10 pace the steel cage out.
side their cell, when the others pris-
oncrs are ut work. Vance occupies a
cell in what is known as murdcrcrs
row. and passes his time constantly
guards. While showing the prison pal
lor quite distinctly. Vance seems TO have
suffered no particular hardship through
his long term Of incarceration. He has
grown somewhat llcshy: is strong, act
i've and healthy. He is a third-class
prisoner.
Review of Case.
The killing for which Vance was
convicted. is still fresh in the minds Of
4
convicted of having caused the death
of his wife by beating her and also by
dropping poison in tumblcr Of water
which the woman drank, suppoSing 1T
10 he clear, harmless water At the
time Of the trial. public sentiment fav
ored Vance rs The trial progressed, but
Lafayette Hanchctt. foreman Of the
Jury which convicted Vance, declared
after the trial That had Vance not been
placed on the stand he would have
favored n verdict of mauslaughtcr, but
that the description given by Vance of
the location of the stand upon which
the tumbcr of water was resting, and
how hc stood when looking into tue
room at his sleeping wife, caused The
Jury to return a verdict of Wurdcr IN
thc first degree. The jurors apparently
paid little attention to the charge that
Vance kicked his wife 10 death
Since the return OF the verdict aud
the passing of sentence, certain mate
rial evidence has come TO the attention
of Judge W. :. MaginniS. OF Ogden.
chief counsel for Vance. and Attorney
John Tobn, associate counsel, which
has caused them TO feel positive that
when the case is presented TO the su-
prcmc court new trial will he granted
An application WAS made several
menths ago Ia Judge Armstrong by
Judge Maginnis for n new trial, but
the application WAS refused, although
Judge Armstrong allowed an appeal to
the supreme court without prejudice,
owing TO several questions of law which
he did not care 10 pass upon. Since
that time. aud since Vance was sent
ouccd To be shot. alIidavitS have been
secured hv Attorney Tobin, which arc
strongly prove several contentious ad-
vanccd by the dcfcnsc at the time of
the previous move tor Il new trial.
Vance still appears 10 possess the
weight OF public sentiment upon his
side, aud should q now trial he granted,
the general opinion IS that conviction
OF first-degrec murder Will not follow.
To Refute Mrs, Ward.
The most bitter witness against
Vance i'm the entire trial was Mrs.
Amanda Ward. former wife of an uncle
of the accused Ii was mainly her tes-
timony which caused the Jurors to favor
a verdict against Vance although it
was sand at The time By Mr.. llanchctt
that The jury. while believing her. re
turned the first degree verdict through
the testimony Of Vance himself. Afii.
davits were secured. il is believed ,
which will offset the testimony given
by Mrs, Amanda Vance Ward, and
these viii bc laid before the supreme
court this week.
The outcome ot tho ease will he
watched with much interest by the pub.
lie at large.