The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-09-08
Judge Lewis Denies Motion for
New Trial, but Grants
an Appeal.
SUPREME COURT WILL
NOW REVIEW THE CASE
On Decision of the Higher Tri-
bunaI Depends Life of
Prisoner.

Harry Thorne will not be put TO death
Friday for the murder Of George w. Fas-
sell last March,
After oVerruling Thorrc's motion for a
new trial District Judge Lewis, Wednes-
day. honored the prisoners application
for certificate TO the effect that there
Is proba blcs cause for appeal and granted
Thornc's attorneys sixty days time in
which 10 serve and file n bin OF eXccp-
tions. The signing OF the certificate OF
probable cause sends The case To the
supreme court for review and holds the
death sentence In abeyance until the
higher court gives its opinion on the mat
ter.
Thorne Not Present.
Thorne was not present in court, but
when Informed Of the courts action.
which means at least n two months re-
prieve for him, expressed qualification.
his face lighting uD with smile,
When the case was called at . o'clock
in the afternoon II. Walton, who. with
NJ. f. Wilson. became associated with
his fight for Thornc's life, moved Tor Il
now trial. and offered in evidence the af-
ldavits fled by himself, MIR, Wilson.
James \. Blieman, q juror. and Thorne's
affidavit, Assistant District Attorney Il
O. I.eatherwood objected to the admission
OF all the affidavits except Thornc's. on
the ground that they were incompetent;
and tmmaterial. Tho court took the same
View and rejected the afiidavits holding
that those of the attorneys were value
less 10 show what occurred In tho jury
room, for the reason that they merely
were hearsay The Batcman affidavit
the court said. was competent TO show
the comments OF the Jurors on the case.
but brought out nothing prcjudicial TO
Thorncr The defense asked exception to
the ruling TO safeguard the case In the
supreme court.
Affidavit of Bailiffs.
To traverse Thornc's affidavit 10 the
effect that the jurors were allowed to
separate In the course or their dclibera
tions over verdict and that they gained
evidence outside the court, Mr.. Leather |
wood offered the affdavits OF the bail
IFS who had charge Of thc jury Robert
Bridges and James Hilton, to The effect
that the jury WAS not allowed to separate
AT any time during it's deliberations over
a verdict. Mr.. Hilton is Ill and was un-
able TO appear. but Bailin Bridges was |
present and In answer tn questions by |
the defense went through the jury's acts
In detail from the time il received the !
case until verdict was returned.
Thorne Contradicts Himself.
In oyerruing the motion for a new
trial. Judge Lewis said that Thorues af-
fdavit TO the effect that he was con-
victcd on the pcrjured testimony of two
witnesses as TO his Identification was In |
contradiction to his admission on the
witness stand in his trial that he was
guilty OF the murder. No evidence was
presented to support the allegation that
'Thornc was absent from court during n
part OF the trial. the court said. and there
was nothing TO show any misconduct or
separation on the part of the jury. The
agreement by the jury 10 withhold the
name OF the juror holding out for life
Imprisonment was not Illegal. the Judge
held. and did not prejudice Thorne's
case.
The court made an order for the STE
ncgrapher to furnish Thorne's aattorneys
With transcript OF the case