The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-12-06
THE DEFENSE BEGINS
Judge Powers Ideas of why Miss
Olson Killed Hall.
JUDGE ZANE AND THE REPORTERS
Scenes in the Court that are Decidedly out Of
the Usual Run-POwers and Varian
Indulge In Clash.

spectators at the Third district court yes
terday morning, when the struggle for
jury to try Amanda Olson, the slayer of
Frank Hall, was resumed. AS on the
opening day, Miss Olson wore heavy veil
which entirely concealed her features and
this was only raised for an instant so that
the jurors might ascertain whether or not
they had ever seen her before.
When the court adjourned on Thursday
night, eight of the twelve jurors had been
secured, and the first call yesterday morn
ing brought to the box Fred Little, G. ID.
Brinton, Heber Young and H. McRae
Judge Powers at once commenced examin
ing them, and Mr.. Little was excused be-
cause he had formed fixed opinion as to
the case.
Mr.. Young knew he could not try the
case impartially and he was allowed to go.
Messrs. Brinton and McRae were passed
for cause, but the prosecution challenged
both peremptorily.
The box was again filled by calling Will
lam Anthony, j. r. Morris, David Pearl
and j. M. Crabbe.
Judge Powers examination of these
gentlemen resulted in Mr. Morris being
excused for actual bias.
is THIS RUSSIA?
Mr.. Varian then took the jurors in hand
and his first question to Mr.. Anthony was
''Have you read the Tribunes accounts of
this case,n and Mr.. Varian then inquired if
he had read the article which appeared III
the Tribune that morning. Judge Zane's
attention was finally attracted by these re-
peated references of the prosecutor to the
Tribune article, and he asked MIR. Varian
what the article was.
MIR. Variant refer now to a statement
OF the case in this mornings Tribune, and
/ understand that THE HERALD also con-
tanned a statement of the facts.
a copy OF the Tribune was handed up to
his honor, who, after reading il, said ::
"Who wrote this article? Is the reporter
here's A reporter ought to have intelli-
gence enough to know that he should not
obstruct the administration Of public
justice by trying to get men to commit
themselves. 1t is an improper attempt to
influence persons who may be called to act
as jurors"
Judge Powers-In regard to the news
paper articles, may say that nothing pub
lished will interfere with the defense in
this case
Judge Zane-Yes, but these things cause
delay here by the jurors reading them be-
fore hand. Is the reporter who wrote this
article in the Tribune heres
v
porter is, but do know that statement
purporting to be the facts of this case ap-
pears in both the morning papers.
Judge Powers do not think from what
have read of this that the reporters have
overstepped the bounds. | feel that Mr.
Vsrian has been trying to make a tempes;
In teapot for the purpose of attempting tc
prejudice something in this matter--tI
make out that the newspapers have beer
doing something they should not. The
newspapers have a right to publish state
ments in public trial.
Mr. Varian-That is impertinence!
Judge Powers-I shall express myself
whether il is impertinence or not.
Judge Zane-Well, that is enough; d.
not want to hear any more.
After scanning the Tribune report again
Sudge Zane said: These reports seem t.
be statement of the facts of the case, anC
for a reporter to make such statement il
a newspaper while jury is being selected
is improper. 1t seems to be an attempt I,
influence the trial of this case, which an,
intelligent and fair-minded man knows il
not right. The jury must try the case upol
the evidence as it Is elected from the wit
ness stand. This attempt to influence per
sons who may be called as jurors-whici
may in some instances result in their dis
qualitication-is, l say, very improper
Some courts might handle a reporter YER
severely for attempting to interfere witt
the administration of public justice. VIII
are these reporters who gave this informa
tionn'
Z. G. WINS stated that he wrote the ar
tlcle in TIE HERALD, which, by the way
his honor had not read.
Mr.. James Z. Bloor-And / in the Tril
nae.
Judge Zane Ito the Tribune reporter)
Then, why! Didn't you know we were Sc
lecting q jury, and taking great deal c
trouble to do so!
Mr. Bloor-We had no intention of inter
fering with the administration OF justice
/ have attended a good many trials an
done the same thing, and there has bee
no trouble about it before / have re
ported in California and elsewhere, and
has always been the practice to outline th
case so that the public might follow it.
Judge Powers here arose and said sui
NIT that those who employ these gentle
men are responsible for what has appeared
and they may be cited here if necessary.
Judge Zane-Did you furnish these stat
nents to the papers!
Judge Powers COMPATIBILITY di
not, your honor
Judge Zane (sternly)-Then take you
seat. You know well enough this is M
right Let the Tribune reporter be sworr
MIR. Bloor was sworn and Judge Zar
inquired: How came you TO write this
Mr.. Bloor-It is merely SYNOPSIS {
what has already appeared in the Trtbtu
on the 29th of September. only camein-
the town recently, and am not acquainte
with the case. l simply wrote from II
statement previously published. 1t is
custom to do this in other places.
Judge Zane-It is somewhat surprising
me that such thing as this should ha,
been done. 1t has not been a custom her
70 my knowledge. and hereafter when
case of this character is on trial "
must understand that, while selectil
juries, a statement of facts to influence
jury is wrong. 1t might have influence
the case.
Mr.. Bloor-There is nothing in the 8
ticle that has not been published before
Judge Zane-Yes, but that was sol
time ago. You have no right to publ
anything of this kind during the trial
the case. ANY fair-minded man will say
is wrong. after apause)-Well, l will
it pass this tue, but if such thing as Il
occurs again l shall deal with the report
very severely. win not have the admin
tration of public justice delayed in Il
way.
Judge Zane then turned his attention
MIR. Wins, who arose, but was not sworn
His honor asked why WINS made I
statement of the case in THE HERALD.
Mr.. Ivins-I wrote it simply as a matt
of news and took express pains to lea
out anything in the nature of evidence.
The judge admitted that he had not re
the statement in THE HERALD, but I
facts were fully given in the Tribune. Aft
reading THE HERALD, which had be
passed up, his honor remarked: I'VE
YOU seem to have stated the facts