The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-12-16
THOMAS VANCE III
Fight FOR IL
Counsel for rouv;c,., /,
Murderer Submits ArsS,,!
Before Supreme CsTs sa'''
JUDGE ,,l MAGINNIs DEpl,R,
JURY WAS PREjIInS1I|'
Belief Seems to Prevail,
Condemned Man win /
Granted New Trial

The fate of Thomas y,,
OF the murder Of his wiz ' ecn1
sentence of death, is in ii. ~ =
the supreme court. Almost "s y, ls
ncsday WAS taken up in n. AZ
Of Judge " l.. Maginpis ps os oalI'r
Attorney Dohn +. Toh;n VI oeir|
vance, aud by A:torney.Gcnnsv...al' nv.a'5 /.
Il. barnes. representing thc .t,,.
III opposition and support ~ s ,i
ing of i new trial. Vance sM
gully OF the murder Of hi, ~ s;,''
sentenced to be shot SlsrrA ' y
and since tha, time has been ~
the state prison under n s,,v ,val
tenec. pending the result oi II y
to the highest court of tbc .,a, 1s
court reserved its decision ''a's'
The opening argument w,,
Aitorncy Tobin. jnnior go, co,,Is',
Vance, He declared that ,bo ,.s
evidence presented nj the tr;.p ~ Y
warrant the returning Of ~, S. y,
brst degree murder, which .'as @
dcrcd by the jury herring ihe ~, :
Iobln presented several alTida,i.. +.
are said 10 contradict in -
manner the testimony of lc,Sis-
witnesses at the trial. and da.I.t.
these should have direct near.
the case IN support Of his ,as,a
that Il new trial should he or,,,s
One OF these affidavi,s yss -,
Lena Vance. and in il she 49,
her father did moi kick ber mai. @
was testified To at the tri,i T y.
Amanda Vance Ward. the ,liyo,s.,
pf mn uncle Of the liltlc o;J }.
sister of the dead woman T'1
2lrl also swoTe in tho siTidayi,
I she had been coached by Mrs Ws,,
how 10 testify in the case 81 ~ 7,
iurc her father s chances.
Another affidavit wns pressri.ll
Mrs. Clara Wunderich and h !
dlcted almost entirely some Of ~
important evidence presented I,
trial. Mr. Tobin then contepasS
the general weakness Of thc al
that Vance poisoned his wife IA
newly- discovered TESTIMONY. VAN
the granting of a new trial
Distinct Crimes, Says Jude,
Judge Maginnis followed 70, X
and he stated that in the COZ,
Vance was charged with murder h
counts. Ii WAS set forth that h
ms wife on November 26. lSjT
ing her death; that he poisousd \
th" next day, causing her daft
that the combination of The n
fenscs caused her death on Dsccrl
1907. When the ease came 10 IN.
fore Judge George G.. Armstrong.
Third district court. Judge Ns!
requested the prosecution to elss
of the three counts on which d
the ease. District ATTORNEY I'm
Loofbourow chose the third
which declared that the combir
of the beating and poisoning 4
the death of Mrs. Vance.
In his argument WEDNESDAY,
Maginnis stated that the two,s
alleged IN the combination ven
-tinct, different crimes. not bsils
mittcd or the same day, and ihHt /,
the other OF them caused The Dc,
Mrs. Vance. but not both Ailt
prosecution had completed It's q
the trial. Judge Maginnis reQues'
court 10 compel thc states atlosl
elect which oficnse Of the Two 4
the woman 5 death. but this Tie
refused 10 do, and this was ~
as error. When Judge Armsuci.
instrur,ing the Jury. the dcfu'
counsel asked that the Jury be in
ed that unlcss the twelve msa
agree that both causes ALLEGED
combination resulted in The 10
death they should find the deld
moi guilty. This the court also =
10 do and was assigned as one
principal errors.
Judge Maginrls admitted ihSl
had beaten his wife. but he d'rie''
he had poisoned ncr. Had me q
elected one cause, the nudge ds
that the testimony IN regard
other would not have been adnn
Continuing. hc said that beeans
court ovcrruled his motion ieT ~
tion Of the cause, the Jury vas
diced by the testimony whlrn y.
mitted concerning the other, a7
this reason the defendant was ne',
Il fair trial. He, too. asked tnas
be granted new trial. as inc y. "
was entirely TOO mcagcr TO W1n''
return of such J verdict. ~,
Attorney General Barnes spoAs
", stating that while he had 'ol
cutcd the case he had gone o'I
evidence carefully and he S y
opinion that The verdict was J!
aud was entirely in accordssnass. as.
the evidence, He declared tnniss i. 4
has 30 desire to take the iue .
man who is innocent. hut tos. :,
case he believed Vance 10 m
and he opposed the granting "
tIlal. /, ~,
The belief seems 10 prevail IN =, i
plea of counsel for Vance WI. =
ccSsIul in securing for him a nes
but the decision OF the couI. ~
be made public for possibly tNc p