The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-12-05

capital punishment and would not find
verdict OF guilty where the penalty might
be death in any case. He was, of course,
excused
Mr.. Roberts had an opinion, but it was
not fixed, and he could try the case i'm
partially, according to the law and the
evidence.
Mr.. Pickering had fixed and settled
opinion which he had expressed, and he
was excused.
The remaining seven were passed for
cause by both Sides and the peremptory
challenges commenced. The prosecution
excused, Messers Irving, White and Erick-
son, while Judge Powers let Mr.. Roberts
go. Messers Cahoon, Ashman and ELL
son, the remaining jurors, were accepted
and sworn.
The second call was then made and the
box was filled by the following jurors: j..
b. Slower, James Bourne, S. E. Ware, j. A.
Smith, Henry Buhring, w. E. Barnett,
M. G. Merlan, E. j. Caldwell, S. S. Mob
lett
Mr.. Barnett, had a fixed opinion and was
excused.
Mr.. Caldwell was excused for the same
reason.
Mr.. Ware had a pretty strong opinion,
and 1T would take great deal of evidence
to remove it and he was excused.
| Morlan was excused because he enter
tanned conscientious scruples against CAPT
| tai punishment.
The others were passed for cause and
| the prosecution challenged Steven, Buh-
ring, and Smith peremptorily while the de-
tense excused Mr.. Noblett. Mr.. Bourne
was accepted and sworn, and the third
call brought to the box G. H. Doran, A. M.
Wood, Herman Hill, w H. Whitehill, John
knopp, d. G. Rice George Weber and
! David Thomas.
Mr.. Hill stated to Judge Powers that he
| had strong prejudice against insanity as
a defense, and he was Immediately eX-
cused.
Mr.. Whitehall was allowed to depart be
cause he had a fixed opinion.
HE IS GALLANT.
A NJ. Wood had prejudice against cap
ital punishment, "where there was lady
in the casen
Judge Zane-Your conscience dom reach
men, then!
MIR. Wood-No, sir.
Judge Zane-Well, you are excused.
THE STRUGGLE CONTINUED.
The remaining jurors were passed fol-
cause, and the prosecution challenged per
emptorily Messrs. Knapp and Weber
while the defense let Mr.. Rice go. Mr.
Thomas was accepted and sworn.
On the fourth call Mr. Schwartz JOSH
Grant, Francis Hall, William Mcintyre
W. d. Woolley and w. A. Taylor wen
int the box.
Francis Hall stated that he had an opin
ion. His name was The same as that of th
deceased, which had directed his attention
to the matter. He was excused.
Mr. Mcintyre had an opinion which evi
dence could not remove, and he was allowe
to go.
MIR. Woolly was excused because he di
not think he could try the case impartially
Mr.. Grant stated that he was opposed t
capital punishment as to women, but h
would be governed by the law and evidenc
and render verdict in accordance with hi
oath.
Messrs. Grant, Schwartz and Tayl
were passed for cause, but the prosecutio
let Mr.. Schwartz 90. The other two wer
sworn.
: The court at this point adjourned unit
, this morning at 10. eight jurors havin
been secured. They were: G. H Dorar
David Thomas, James Bourne, j. NJ
: Cahoon, James Ashman, Charles Ellison
j. f, Grant, w. A. Taylor.
The prosecution nave exercised eight c
the fifteen peremptory challenges Above
them, while the defense has exercised bu
three. The remaining four jurors will b
secured this morning, and the trial will b
proceeded with.