Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-07-13
Supreme Court Passes on Case
OF Convicted and Sentenced
Wife Murderer.
CIRCUMSTANTIAL EVIDENCE
Court Holds No Reason for Verdict OF
Guilty in Face at Testimony
OF Doctors.

With the sentence OF death hover
Ing over him for tho poisoning and
kicking OF his vito Mary Vance, who
dice Dec. s, 1907. Thomas Vance was
this morning granted new trial by
the supreme court Of Utah all OF the
justices concurring The ground for
the new trial is held to be that the
evidence was crcumstantal, that
there WAS no reason Tor II verdict Of
guilty when the doctors sworn TO
testify In the case that the deceased
did not die from bruises and kicks
nor was there evidence OF poison. Tho
opinion also states that the jury
seemed 10 have been divided, half OF
them thinking that the deceased met
her death through the kicks and
bruises and the other half that she
was poisoned. whereas in the minds
OF the supreme court Justices there
was not evidence enough 10 support a
conviction on either charge.
The information charged Thomas
Vance with having poisoned his wife
on Nov. %, 1901. after having kicked
and bruised her the day before, from
which treatment she died on Dec. 8
y
dictment alleged that she died from the
beating the second that she was pot
sOned 20 death. and the third that she
died as "A result OF both the poison
ing and the beating
WIGMORE CRITICIZED.
Considerable space is given in the
opinion to'the criticism " Wlgmore,
noted authority ON evidence. In regard
10 the granting OF a now trial to SHOCK
ley. who KILLED two street car men ia
this city Wigmore says that this case
was one Of the most nagrant examples
OF miscarried justice In the history Of
criminal law, and that n new trial
should never have been granted In
order to allay similar criticism in re-
gard 10 the decision TO grant new
trial In the Vance case the opinion
handed down this morning attacks
Wigmore vigorously, insisting that
justice was finally meted out to Shock
ley. as he is now serving life sem
tence at the state penitentiary.
The Vance case attracted consider
able attention at the time Of the trial
and II vas almost impossible to get a
jury which was not preJudiced and
which did not already have consider
able knowledge Of the crime. Vance
and his wife had lived for ~ years In
this city and had four children. and
the tnhuman treatment he ~ said TO
have subjected his wife and family 20
was horrfylng to the neighbors and
others who saw the cruelty.
II has not yet been determined when
the new trial Will take place. but IL
IS likely that the matter viii not come
up before the fail Term
THE OPINION.
The gist Of the opinion rendered this
morning is contained in the following
words.
There Is one and only one, ground
upon which the courts ruling in deny
Ing appellants second motion can be
sustained which Is. mat the pleader, In
the third count. stated but single
means as causing tho death or the de-
seased, namely, the cooperation Of two
distinct causes which produced the
mortal sickness from which II is alleged
Inc deceased languished and finally
lied"
THE court erred in instructlng the
Jury that they could ind that the de-
ceased died from the effect Of the beat
ng and bruising alone. or from the 81.
fects Of the poison. The court further
erred in instructing the jury ~ above
stated, because there was no evidence
before the jury upon which they could
Ind the appellant guilty OF having COM
nltted murder by means OF beating.
and kicking. The FIRST count
vas eliminated from the case and the
.hird count did not contain a sur
fclent statement that the beating, kick
ng and bruising produced death. In
he third count II was charged that
ieath was caused by two cooperating
'auses. This being the charge i would
iave to be sustained by proof In order
% convict"