The Coconino sun., 1921-09-16
NASH DENIED NEW TRIAL; GIVEN
 A SENTENCE OF $ TO 75 YEARS
Continued from Page One)

the panel on each of the three jury venires;
 In denying defendants challenge for cause against talesman George Me- gray, Wm. F. McCown and Joe Bab- bitt;
 In failing to submit to jury form of verdict to be used if they should find defendant guilty of voluntary man. slaughter and in failing to instruct the jury that they might find such verdict;
 In having communication to and from and with the jury after they had retired to deliberate on their yer dict without knowledge of defendant or his counsel;
 In permitting, over defendants ob- jection, testimony of R. L. Neill and Urban J. Lewis that Nash had obtain ed goods on credit at the Breen-Lewis drug store by making false represent ations as to his employment and em- ployer at said store, later striking out the testimony but leaving the pre- judice.
 In addition to the errors claimed above, defense moved for a new trial on the following grounds:
 That several jurors, including jurors Coleman, Strange and Chestnut, at the time of the rendition of the verdict and at all times prior thereto had, and still have, reasonable doubt of the guilt of the defendant of the crime of murder in any degree or man. slaughter of either kind, but were led to compromise verdict upon the be- lief that second degree murder, to which they agreed, could be punish able but little if any more severely than could the theft of the automo- bile of the deceased, and in order to avoid a new trial if they failed to ar rive at verdict;
 That a material witness, "Hobo," or "Flat Wheel" could not be found by the defendant primarily because Way land Crisp had been concealed by Sheriff Campbell, who had Crisp when he arrived here register at the Weath- erford hotel under an assumed name, the defense thus prevented from find ing him and through him learning the whereabouts of "Hobo," to whom de- fendant claimed he sold the automatic gun owned by Schwab;
 That the jury was guilty of mis- conduct in rendering compromised verdict, and that the verdict was con trary to law and the evidence.
 An affidavit sworn to by J. c. Nash, father of defendant, and S. K. Mark ley, the Hillsdale, Wyo., minister al- ledged that Judge Jones while the jury were deliberating, received note from Foreman Frank Fisher, of the jury, advising that the jury was apparently unable to come to a yer dict and that Judge Jones sent word to them that they could not be re- leased until they arrived at verdict. Affidavit also alleged that jury later sent the judge message asking to have read to them the entire testi- mony of Elihu Best, and that the judge caused the jury to be informed that they might have the same; whereupon the jury took a vote and decided they didn't want it.
 During Mir. Schenck's argument on this affidavit, Judge Jones took him severely to task, warning him that he COulu NOluC ihto SidS Nodit anu make any such charge. The judge branded the charge as false, stating that he had not communicated with the jury in any way. He said that he had received an unsealed letter from the jury which he read in the presence of and to Bailiffs Wm Hicklin and Lee Allsup, and that he had then told the bailiffs that he could not and would not communicate in any way with the jury. MT. Schenck, while earnestly disclaiming any intent to re- fleet upon the courts conduct or yer acity, hung to the point whereupon the judge called a recess and secured an affidavit from Messrs. Hicklin and All sup, bearing out inevery detail his denial of the allegations made in the Nash -Markley affidavit. This affidavit of the bailiffs was read in court by Assistant County Attorney George w. Harben in his very brief argument against granting new trial.
 An affidavit was read from Juror A. w. Strange, who swore he did not at any time believe Nash guilty of mur- der, but on the contrary believed him innocent of any degree of murder; that he voted not guilty consistently until Sunday morning, when he was induced to vote for second degree murder upon the theory that Nash was guilty of stealing his victims car and upon representation that the pen alty for second degree murder would not be much if any more severe than that for said larceny; that at one time on Saturday five jurors voted not guilty, two of them later voting guilty, later four voting not guilty, then compromising Sunday morning; that if he had known life imprison- ment could be imposed for second de- gree murder he would not have voted for it.
 An affidavit from Juror Charles R. Chestnut said that he had and has a reasonable doubt of Nash's guilt of any degree of murder but voted for second degree as compromise.
 An affidavit from Juror w. w. Cole man said substantially the same thing.
 An affidavit from Juror Frank Udine said he believed Nash guilty of
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