The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-02-17
THE HOPF CASE.
The Work of Securing a Jury Still
in Progress.

AAO W OAA VI OOOul lDS q y u y III
in Progress.
AT the appointed hour O.
Wednesday morning, the erimina
branch of the Third District Court
Judge Emerson presiding, convene
and the case of Frederick Hopt
alias Welcome, for the murder O
John f. Turner, was called. Their
was quite large attendance of curl
Gus persons, as is always the cas-
when an important trial is pending
filling nearly the entire room out
side of the bar. Hopt was brought
in from the Penitentiary, bein.
tolerably well-dressed, clean, anC
decidedly improved in appearance, as
compared with the time when he
was first brought here under arrest
The prosecution was represented
by Judge VanZile and Assistant
District Attorney Beatty; the de
Tense, by Judge Lee j. Sharp and
John a. Marshall, Esq, appointed
by the court to defend HOpt. A de-
lay of some length was Occasioned
by the absence of important wit.
nesses. While the court was still
waiting, Judge Sharp said he would
again apply for continuance, sta
ting that some very important wit
nesseS for the defense were absent,
and likely to be so, and that the
counsel for the defense had not been
granted sufficient time to make
proper preparations in the case,
owing to the fact that they had only
been appointed on the 9th
ult., since which time they
had been endeavoring to place
themselves i'll communication
with two witnesses for the defense,
but had so far been unable to do so.
On this motion for Il continuance
they would prepare and file an
affidavit, setting forth the grounds.
Judge Emerson then took a recess
until 1 o'clock to give the attorneys
an opportunity to prepare the
affidavit.
AT l o'clock the court TecOnvened
and the aflidayitS on motion for a
continuance were read. They stated
that Hopt claimed to be innocent;
that at the time of the murder he
was in a state of intoXicatiOn; that
there were two witnesses, James
Lane and Peter May, by whom his
intoXicatiOn at the time of the
murder could be proved; that Hopt
was without means; that he had
written to his father for assistance,
but owing to his father first
leaving Wisconsin, for Oregon,
then leaving Oregon for Wisconsin,
he had been unable to get
word 10 him, and had thus been
unable to secure means to employ
counsel; that the two witnesses,
May and Lane, could not now be
found, notwithstanding efforts to
ascertain their whereabouts; that
their testimony was avery essential
part of the case of the defense; and
that counsel appointed by the court
had not been allowed sufficient time
to make preparations for the case.
Judge VanZile said he did not see
anything in the affidavit to warrant
a continuance, and after a few
words in support by Mr.. Sharp, the
motion was denied and the case
ordered TO proceed.
The jury was called, the case
stated and the indictment read.
The examination of jurors as to
their qualification then commenced,
and lasted throughout theremainder
of the afternoon, and when the court
adjourned the panel was still incom-
plete. The great objection which
caused the excuse of so many, was
that they had read the ac-
count of the murder and
had formed and expressed
opinions IN the matter, while sew
eral had settled convictions on the
subject. The challenge made by the
defense to some of the jurors was re-
sisted by the prosecution, and triers
had to be opposed. When chal-
lenges for cause and implied bias
had been exhausted, excuses on per-
emptory challenges commenced. In
each case the people waived its per-
emptOry challenge, while the de-
Tense exercised its right, and eX-
CuOSu OlA VI IlAO Jul 1AOAA CAA4AS W
time, us we'll as the excuse of many
others called, for cause and implied
bias. When the court adjourned
last night, the names of the thirty
six drawn as petit jurors for this
term had been exhausted, and the de-
Tense had still nine:peremptory chal-
lenges. Another drawing of twenty
five names from the jury box was
ordered, the names only of persons
residing or known to be in the city
being placed on the venire. Judge
Emerson directed that every person
on the Yenire be summoned last
night,if pOssible,and made it return
able at $50 o'clockthis morning,when
the further examination for jurors
viii be resumed. Until $50 o'clock
this morning those on the jury when
the court adjourned were excused.
Following are the names drawn last
night, TO be in attendance this
morning:
5S James Currie, II Chas. Read,