Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-03-11
THE SIMPSON CASE.
The Usual Difficulty Experienced in
Impaneling Jury.

The case of the United States VS.. Thos.
Simpson, charged with polygamy, came
up for trial in the Third District Court
this morning. Simpson, it will be re-
membered, was bound over by Commits
sioner Mckay last winter
When the case was called this morn
ing, the defendant and his counsel, Mr..
Whittemore, were present, but three
material witnesses for the prosecution
were absent, and attachments were
issued for them. Considerable time was
spent in waiting for their appearance, and
a recess was taken until the officers could
produce them.
AT l1.3O the case was resumed and the
following jurors We're called:
James E. Paine, John Kellogg, G. D.
Schell, Edward Bird, w. B. Barton, John
McLaws, I. A. Brim, w. F. Smith, j. R.
Nichols, Edward Rotch, George Lee,
Thomas E. Jeremy, jr.
The jurors were then examined by Mr..
Whlttemore as to their statutory quail
tications. Mr.. Barton had formed an
opinion as to the guilt of the defendant
and was excused. The others were ac-
cepted by the defense.
The jurors were then examined by Mr..
Dickson under the Edmunds law. Nc
Kellar believed it was right for man to
have more than one wife and was ex-
cused.
McLaws believed the same thing and
thought it right for any man, if he felt
like it, to have more than enc wife. Elk
cused.
Smith thought it tight if man be-
Geved in the tenets of the Mormon faith,
but could not say whether he believed it
was right for man who did not believe
in those tenets Excused.
Thomas E. Jeremy also believed in the
practice of polygamy and was excused.
The other jurors were accepted by the
prosecution.
J. r. Nichols was examined by the de-
Tense, and was asked if it would require
less evidence for him to convict person
charged with polygamy than any other
offense. He replied that it would require
the same amount of evidence, and no
more, to convict a man of the crime of
polygamy that it would to convict him of
murder, horse stealing, or anything else.
The other jurors made the same replies
and were accepted.
These jurors were then sworn, and five
others were called to fill their places. w.
S. Crismon declined to answer whether
he thought it right for man to practice
polygamy and was excused.
Robert J. .Deighton, said he was raised
in the Mormon church, and did not
know whether he had ever been cut off.
He did not believe it right for man to.
practice polygamy, and did not believe
the revelation sanctioning that practice
came from God. Passed.
--McClelland and Felt believed it right,
and were excused.
leighton was oh allenged peremptorily
by the prosecution.
J. w. Walton was sworn and four more
jurors called. One of them, Mr.. Knox,
was accepted, making nine jurors in all.
But three Jurors of the regular panel
were left, and one of them, John D.
Spencer, was absent, but was sent for and
brought into court. A. J. Pendleton, Jr.,
was challenged peremptorily by the pros
ecution.
Mr.. Spence did not believe polygamy
was right, as it is practiced. He thought
the principle was right if man was good
enough, but did not think there was
any man good enough. He
believed the revelation sanctioning the
practice was spurious one, but also be-
lieved the principle had been revealed
by God. He believed the practice was
wrong-morally wrong, and would be so
in the absence of any law against it. Mr..
Dickson exercised his third and last
peremptory right on Mr.. Spencer, who
was therefore excused.
The regular panel was now exhausted,
and one more juror was needed. A
special venire of ten names was therefore
ordered, and court adjourned until Up. m.
The entire afternoon session, up to the
time the DEMOCRAT went to press, was
spent in an unsuccessful attempt to
secure one juror. Nine OF the ten Or
dered by the special venTe were
summoned, and eight OF them
either did not possess the stat
utory qualifications or believed it was
right for man to practice polygamy.
The remaining juror was challenged per-
emptorily by the defense. A second
special venire Of ten names was ordered,
and this second installment is passing
through the ordeal as the DEMOCRAT goes
TO press.
4 Complicated Affair.
About year ago two men named