The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-09-07
Files Motion for New Trial in
the District Court
Tuesday.
STRANGE ALLEGATIONS
MADE IN HIS MOTION
Man Who, by Confession, Slew
G. w. FasselI, Asks for
Clemency.

Harry Thornc, under sentence 10 be
shot 10 death ut the state prison Friday
for the murder last December OF George
w. Fassel may obtain n short rcpricve
through notice OF motion for new trial
filed in the district court Tuesday TIC
notice is filed by James NJ. Denny,
Thornc's counsel. and NJ l.. Wilson and
j.. a. Walton, attorneys, VINO have be-
come associated with Denny In his nghi
for Thorne's lille.
Denny and his associates that they In
tend 10 appeal the case 10 the supreme
court and an order directing the court
stenogra pher TO prepare transcript OF
The case at The states cost
The matter likely Will be argued before
District Judge Lewis Wednesday morn
ing.
Thorne's attorneys seek a new trial for
him on the ground that Thornc was ab-
sent from the court room while a part OF
the trial was held. Tho jurors. II also is
alleged. received evidence out OF court
other than that resulting from View of
the premises likewise communications.
documents and other papers bearing on
the case with prcjudjcial effect TO the ac-
Jurors Allowed TO Separate.
1t Is also alleged that the Jurors were
allowed 10 separate. withou, tho courts
leave, after retiring 10 deliberate upon
their verdict, 4 fourth argument adj
vanccd for another trial is that the ver-
preston OF the opinion of each md every
one of the Jurors. General errors also
are assigned.
Thornc's affidavit accompanying tnc no.
tlce Is interesting reading Among other
things Thorne says that the jurors had
with them In their deliberations over a
verdict an alleged confession made by
him, Thorne further sets up:
while the jury was celebrating upon
the verdict the respective jurors entered
into an agreement whereby II was un-
derstood and agreed by and among said
respective jurors that they would not di-
vu1ge the name OF any juror who voted
for recommendation that tie defendant
be imprisoned In the state prison for life;
that during the course OF the 1elibeTa-
iions of the jurors upon their verdict In
this case at least fifteen ballots We're
taken and that at least one OF the jurors
voted for such recommendation for at
least fourteen times.
That the defendant, by reason OF said
wrongful and unlawful agreement is un-
were am other improper means used TO
induce said juror To change his mind up
on said subject.
Says Testimony Was Perjured.
Thorne also enters n belated protest
against having TO enact the murder be-
fore the jury. In conclusion he charges
My conviction was based upon per-
1ured testimony, 10 wit: Two witnesses
who swore 10 my identification at my
trial sworc on the trial in said court on
tense that they We're unable 10 Identity
any other person except said Riley, and
j have only since the 18th day of July
discovered said fact of said testimony In
the Riley case as TO one OF said Wit
nesses and upon the 3rd day of Septem-
Dcr as To the other witness"
Thorne's Further Contention,
In support OF Thorne's contention that
the Jurors ''unlawfuly" agreed that they
would not djvulgc the name OF the Juror
who held out for fourteen ballots for
life imprisonment, the affidavit OF Ja",c%
a. Batcman. said to be the juror IN qlIrs-
tion. is presented, to the effect thai such
I'm agreement was made. Mess-s Wilson
and Walton make affidavts mat they
interviewed ". NJ. Atwood another Juror
WHO supports Batcmans affidavit as TO
this agreement. they say. The attorneys
further declare that Atwood told them
that some OF the jurors were In a room
and others in corridor while the YER
dict was being 6clberated over There
is no affidavit from Atwood 10 this eff
rect. however The attorneys also say
that Bateman had inquired if a Juror
could witness. the execution Another
juror, Baleman is reported 10 have said,
had expressed desire 10 witness ths
shooting