The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-09-26
The Difficulty in Obtaining a
! 19 Jury Yesterday.
DEPUTY E. A. FRANKS BONDS.
The BIOated BOndboTders who Went
Security for the Hastily Impro-
vised Deputy.

close official secrets ! n his possession
commenced before Judge Zane yester-
day morning, Dickson and Varian pros
ecuting, Arthur Brown and LeGrande
Young defending. Treseder took a
busy part in transcribing the responses
of the jurors, and might have been
taken rather for a clerk or reporter
than one of the defendants.
Mr.. BRowx said he would demand a
separate trial, that right being accorded
by the Territorial statutes in cases of
felony, under which head the statute
put the ofense Of bribery. Nh. Dickson
opposed the demand, and said under the
United States law this crime was not
a felony. The Judge held that the
Territorial law could net make a felony
of what United States law had sad was
a misdemeanor, or a misdemeanor of
what United States law said was felony.
He was disposed to hold that this Of
Tense was not a felony and unless there
were some good reason shown for
a-separate trial, it could not be granted.
1t rested within the discretion Of the
court, he said, and the demand was re-
fused. aE f e..
Mr., BROWN then interposed a demur-
rer in the case' of Mr.. Jones, claiming
that there was no evidence of any
knowledge on Jones part that Franks
was a deputy marshal. Further, that
there was no statute which Franks
would have violated by revealing any
secrets in his possession. Mr.. Dickson
made no reply and the judge oYerruled
the demurrer.
Mr.. Jones and Mr.. Treseder were then
asked TO plead, and both saidn guilty.
Mr.. Brown then arose and said he
would renew his application for a
separate trial, and would now do so
"under the discretion of the court" He
had the evidence taken before the
Commissioner in his hands and Mr..
Dickson also had a copy of it. From
this he saw that there were points of
the evidences which would only be ad-
missable against one OF the defendants,
and he did not think both should be on
trial at the same time. He could point
these out to the Judge if allowed time,
bnt be did not think it proper to do so
ask that the IA go over till Monday.
Mr.. Dickson said he would introduce
no evidence except such as was admis-
sable against both defendants.
The Judge denied both requests, and
the calling of the jury was proceeded
with.
z, w. Crane, Wells Clark, Thomas
Davis, Charles Shields. Edward Berry,
Frank Mclaughlin, !. L. Osborne, Bow
man Cannon, William McRae, Joseph
Foreman, ]. NJ. Harvey and George
Shill first filed the box.
Mr.. HARVEY had an opinion in the
case, and was excused.
Mr.. SHILL had an opinion in the mat
ter, and was excused.
Mr.. MCRAE was n of the Grand Jury
which found the indictment, and went
down amid laughter.
Mr.. Clark, Mr.. Crane and Mr.. Cannon
had formed unqualified opinions and
were excused. Joseph Foreman was
let out On the ground that he had
formed an opinion, andJameS Winches-
ter and s.. @. Pancake went down for
the same reason. Joseph Foster
thought Soth defendants were guilty
and he was also led away. r. Z. Martin,
J. B. Wilson, Albert Fisher and Alfred
Thompson had also formed or ex-
pressed unqualified opinions. Z. Nj.
Byron had heard OF the affair in many
different lights, and there was no doubt
in his mind that he had expressed
such an opinion az would
disqualify him for sitting as
a juror IN the case. George MuIIett
was retired on the assertion that be
had made up his mind IN reference to
the charges. Louis Bamberger had a
prejudice against o. e of the parties,
and was evidently not very anxious to
serve. He was challenged by Mr..
Brown, but on stating to Mr.. Dickson
that he thought he could give the
defendants a fair trial, the Judge
OverTuled the challenge, and admitted
Louis to the select dozen. Mr.. Dussel-
dOrf went out on an unqualified
opinion. This finished up the Yenire.
and another for twenty names was
issued, returnable at 2 o'clock. to which
hour the court adjourned. On reas-
sembiing, the same weary routine was
aGain gone through. and at the end of
one and q half hours solid work the box
was fiaally flied. the following twelve
gentlemen comprising the Jury who
viii settle this somewhat peculiar case:
Thomas Davis, Louis Bamberger,
Charles Shields, n g. simmons,
Frank Mclaughlin, J. \: Parker.
J.1I. Osborne. NJ. Jiyingstbn.
George Morrison, S H C0nley,
Mr.. Brown then arose, and asked
that, before any testimony was taken,
all the witnesses for the prosecu-
ton be excluded from the room, save
tina one under examination. The Judge
made the order, and a host of the people
who had been impatiently awaiting the
end of the tedious routine, flsd out of
the 0 -
Mr.. Dickson then called Judge E. T.
Sprague, clerk of the Supreme Court.
He testified that the bonds of Deputy
Franks had been fled with him on
January Dist, 1856. It was after Office
hours, but he did not remember what
time. They were sent 10 his house, ne
believed but could not be Ger ain about
that. -r.E IS 81" 49,
| Mr.. Dickson here handed the witness
some papers, which proved To be the ap-
polntment papers, etc.
Mr.. Brown objected TO these papers be
lug offered in evidence, for the a
that they we're void. The bond was
only signed, he said, by the su1eties and
not by the principal-all three should
have signed it. The document was
ed, and showed the names of Clerk
- lller and Deputy Tom +. Smith-two
great financial propsl. He further OBJ
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