Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1886-01-15
THE SELECTION OF JURORS.
MIR. Thurman Explains That His
Measure Is AN Extension to
the Poland Bill. -r


S. r. Thurman, the Representative
from Utah county, who introduced in the
House, Wednesday, bill entitled can
act providing for the selection and pay OF
jurors" was seen at his hotel this morn
ing by DEMOCRAT reporter and asked
what object he had in introducing such a
measure.
"The object" the gentleman stated,
sis to extend the provision of the Poland
bill in the matter OF obtaining jurors and
to provide against the process of open
venire."
"But, don't you think, Mr.. Thurman"
asked the reporter, "that the general in
ference will be that your bill aims at the
Edmunds law with the the intent to
trammel and obstruct the prosecution in
its enforcement of that law ?"
MIR. Thurman-"No, sir; and If you
will think over the matter a little you
will see that such an inference is incon-
sistent, as my bill will not and can not in
any degree interfere with the operation Of
either the Poland or the Edmunds act.
If this act becomes law there will still re-
main with the court the right vested by
the Poland bill to challenge off every
person Objectionable to the prosecutio, in
cases of polygamy and unlawful cohabita-
ton. Besides, my bill does notreach out
after such cases, but seeks to provide an
equitable means for selecting jurors in
Territorial cases in the spirit contem-
plated by the Poland bill, viz. to obtain
fair and impartial jurors, SO far as it is
possible, from representation of both
political parties here. The open venire
does not accomplish this; that is, it has
not done SO in some instances. The case
of B. Y. Hampton is an applicable one.
The jury in that case was made up from
the one element alone-and it was a
prejudiced one, too-whereas it might, by
the course prescribed by the bill l have
introduced, have at least been mixed, SO
that the defendant could have had an
impartial jury.
"The mixing of that jury, though" in
terpolated the reporter, "would have been
the surest means OF defeating the ends OF
the court, and that is the very point on
which your bill is assailed."
eyes, but you cannot deny that the
open venire resorted to on that occasion
did not give the defendant fair show by
reason OF the prejudice existing, which
might have been and it would have been
reciprocal had some Mormons been Sc.
iected on that jury" said Mr.. Thurman.
But" he continued, 81 don't want to be
considered as defending Hampton, for
had not thought OF that case at all when
drafting my BILL"
"Did you construct your bill prior to
the Hampton trial?" asked the reporter.
Yes" was the answer; 81 have had
it in preparation for months, and the
Hampton case cut no figure in it. My own
opinion is that if Hampton were the
blacklist kind OF conspirator-andh he may
be for all l know-he would still be en-.
titled to the consideration which this new
act would afford.'
received by the bar; and do you expect
Governor in the event of its passing both
houses of the Legislature ?" inquired the
interviewer.
CAS- to that, 1 can say very little at
present." he replied. al submitted the
bill to one prominent attorney, and after
examining it he pronounced it a very ex-
cellent and much-needed measure. For
my own part, l can see nothing in the
bill to justify the Governor in vetoing it,
and 1 believe this will be the general
opinion after careful reading of the act"
In reply to the question as to whether
tho bill, or any part of it, had been sug.
gested to him, Mr.. Thurman stated that
every line of it was his own, and that he
had long contemplated such measure.
Those who are acquainted with the gen.
tleman will be inclined to accept this
statement, however much they may OPP
pose his bill.