The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-11-06
FATE NOW RESTING
IN JURY'S HANDS
rase of Thomas Vance Turned
0ver to Panel of Judges
Late at Night.
ARGUMENTS PRESENTED
r,rvmen Sent to Hotel for Night, and
Nav Report to Court This
Morning, II Ready.

wears the lASat4pN Va 5N--N -
..o.e OF Thomas Vance. charged with
~ murder OF his wife In 1907. rests
vim twelve men 20 decide
AMER week spent IN the giving OF
.-s+fr1on- against and on behalf or
- alleged murderer. in the second
nal of The man once convicted and
..ntancad 10 the death penalty, the
80 was completed with the instruc-
si,os OF the court given at a night ses-
sior Yesterday. Beginning in the aft
loon the arguments OF the cOun-
81 we're not concluded until close 10
m ,'eIock last night, and il was al
mos midnight before the jury retired
M rbe ury room 20 begin its deibera-
u0Hs.
Rsc8u=- OF the lateness of the hour
tine Jury did not attempt consideration
on the case, and after organizing by
selecting foreman, retired 10 the
Kenyon hotel quarters.
In order 20 receive a verdict or TO
r-1gife further Instructions the court
win remain in continuous session un-
tH the jury returns its verdict. and the
Judge win appear at 10 o'clock this
morning 10 receive any communica-
ton.
Lena Vance. the daughter or tho
attendant charged with the death OF
.be wife and mother. was again the
principal in a dramatic scene at the
close of the trial yesterday.
startled Court.
Sitting patiently, and betraying but
quiet interest i'm the closing argument
nv the states prosecutor. Assistant
District Attorney r. d. LeatherWOOG.
the girl who, al the first trial, gave
damaging evidence against her faith
er and during the past week has de-
tended him, startled the court room
and the jurors by leaping 10 her feet
as Mr.. LeatherWOOd concluded his ap-
peal for justice. CRYING out in sObbing
voice. i thought YOU had a heart, but
j know YOU haven't after what you
have said tonight"
So sudden and startling was the in
terrupti0n that few in the court room
caught the words of the girl. A B.
Vance. brother OF the defendant, and
seated next 10 the girl. caught her by
the arm and dragged her back into
her seat. AS she spoke the last word
the girl broke down in paroXysm of
grief. and burying her head In her
arms as she sat down, gave vent 70
her overwrought feelings. For a few
minutes the proceedings were stilled
the attorneys, jurors and court all
being startled az the sudden Interrupt
ton
The night session or the court was
given over % The arguments OF the
counsel and the Instructions OF the
court 90 the jury
with the closing OF the case yester-
day afternoon Mr.. LeatherwOOd made
a brief opening argument. and was
followed by Attorney John F. Tobin
for the defendant. Mr. Tobin, talk
ing before and after the recess OF the
court taken for dinner. reviewed in
detail the evidence presented in the
case. He was followed by 5. A. Ma
ginuis. and A. j. Weber made the
closing appeal for the defendant.
During the closing of the case
Vance sat I'm the court room, lounging
in his chair, and yawning from time
10 time. He seemed the least con-
eerned and most Indifferent spectator
ot the proceedings. and even as the
ease was given 10 the tw Give men who
VIII decide his guilt or innocence
hardly gave them a glance. During
me hearing OF the arguments Vance's
three children. Lena and Florence.
VINO testified for him at this trial, and
the boy, SAT beside him.
Girl Testifies.
Florence Vance. the 1O-year-old
"a hler or Thomas and the deceased
nary vance, was the important and
principal witness in the closing day
way she answered in STRAIGHTFORWARD
manner ali the questions put to her by
nutn the attorneys OF the defense and
L-e prosecution, and the kindly but
ltsld cross examination Of the prOsecu-
ZION failed 10 shake her positive state
Mehl7 Corroboratlng the testimony
given by her elder sister Lena Vance
on Friday, the little girl proved a sat
e.lo,u42 witness IN favor OF her
father. charged with the murder OF her
mother
There was. however, a close resem-
n.aAce between the testimony OF the
klfl Florence and the sister Lena.
Dleer direct examination, Florence re-
called the occasion. the date being No
Nenber Is, 1897, when her father had l
come home for lunch and a quarrel had I
t9lloWed- Relating the incident, the lit /
Ne witness said.
Papa came home for his dinner and
Nnen hc had drunk one cup OF coffee I
lr asked Tor another. Don't fill il J
tuii De said Mamma might not have
heafd him. and when she brought the I
elp 20 him he said: Didn't ] tell you
Aot 20 III the cup fuli2' Mamma said I
some ming about not hearing him. and /
t-eu papa said. DO YOU mean 10 say /
tA4t you did not hear and then he
After thar he picked up a chair. and .
-1iiinI said, Tom. don't YOU hit me I
WIN mat and then she ran out doors T
NNe she was out, papa locked the I
uuni- uuL mamma came in through ar ]
vtHrf uoer. When she came in. papa 7
pushed her down. and she got up and I
ne pushed her down again. They said I
rev words 10 one another, and then /
iala went back 10 work"
Ane witness mas positive that her I
l@la had not struck or kicked her 4
notAef. She said that she had been liv- /
-1- Lor the past two wears with Mr.. I
eL0 Ars. A. b. Vance. the brother and 4
n.sief-ln-law OF Thomas Vance. but de- /
lied thai any one had told her TO testify 4
- any thing but the truth IN the case /
-salnst her father
ATS Clara Wunderlich was recalled 4
81 NE second time hy the defense TO I
,.elty ia the Identification of the color I
u tie bottle, supposed 20 have con- I
Tr--ed OF OF saVine, and found IN the I
vance home
ur. "a. $ Scott was the last witness 4
tAr defense giyins eSDert testl-
As @ 20 the characteristics OF pol I
.t-@ Tie gave as his opinion that from 4
described symptoms, Mary NanCs /
80 not been the victim OF mercnrial 4
tosouing.
ne state IN rebuttal recalled VII I
- Hanson former county attorney, j
itl-iAN OF Lena Vance TO the effect
4t size had not detailed 10 him how /
iather had beaten and kicked her 4
t-rr on November &c. 1897
uaniel Parker and AIRS. John F. Lar
.A were called the state TO rrs-