Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-12-05

'e some time ago. You have no RICH
n to publish anything Of this kin
e, during the trial of the case. An,
u fair-minded man will say 1t
wrong. tAfter q pause)-Well,
: will let 1t pass this time, but IL sucl
'e thing as this occurs again I shal
Ie deal with the reporter very severely
It | will not have the administratio!
e OF public Justice delayed In TIL
!. way.
T. Turning toward the Herald re
porter, his Honor asked-why di,
y you make this statement.
n Mr.. Ivins-I took express pain
: to leave out anything Id the nature
e Of evidence.
4 Judge Zane-The statement Of tn,
t facts Is given very fully in the Tn
a 6uae; / have not read yours.
: Mr.. Ivins-1 did not intend to gt
3 any further than to state the bare
| facts Of the case, without any evil
dence, as developed at the prei:min'
:. airy hearing, which I attended and
, Tel ortei.
, Judge Haue-Some men do not
3 attach importance to newspaper re.
: ports and others do. This time
viii say nothing more, but under
stand that hereafter, while n case IL
, on trial, the facts o. thai case are n II
TO be stated.
kJudge Powers-I wish 1t TO be
placed on record, your honor, that,
as counsel for the defense, 1 have al
no time, from the inception Of this
case up TO the present moment, in
terfered, suggested, or done any
thing at all with regard to furnish
! ing or coloripg any statements
which have been made. l make
ibis statement in view of the mani
fest effort OF counsel tmeaning Mr..
Narianl since yesterday to cause 1t
to he felt that matters of this sort
have come, in some way, from the
defense.
Judge Zane-The prosecution was
objecting to these newspaper state.
menfs, aud you seemed 10 be JUST.
Tying them and claiming that the
reporters had done nothing more
than their duty.
Judge Powers-I said the repor-
ters were not responsible, but tine
people who employed.them.
Judge Zlne-I must say It is a
strange thing that man of your
experience should attempt to justify
such conduct.
Judge Powers-An / want to
say once for all that do not hunt
the newspaper offices, nor ask for
anything 10 be published in the
papers unless my name is over it.
Mr.. Variant trust your honor
will absolve me from the
charge which Judge Powers has
mIde against me. never
made an attempt to cast any
reflection upon the defense. I
would not be guilty OF attempting
to prejudice the C. e OF this girl in
any way. Ii seems to me the i'm
put1tion comes from an Unbalanced
mind. or something else. Counsel
can take it which way he likes.
Judge z ine-Let us proceed with
the case now.
Mr.. Anthony in further answer to
Mr.. Narian, said the opinion he had
formed from reading the newspapers
IL would take considerable evidence
10 remove. He did not think he
could act impartially in this case.
Mr.. Pearl said he would make no
distinction between a man and |
woman in n charge Of murder. He |
was not at all opposed to capital
punishment. He stood unbiased |
between the commonwealth and the |
accused.
Mr.. Crabbe replied in like manner
TO the questions of District Attorney
VaTian, and said lie had formed no |
opinion whatever rs 10 this case.
Attorney Variln-Passed for
cause.
Judge Powerz-No peremptory.
Messrs. Anthony, Pearl and
CraGbe were then sworn by the
Clerk.
David II. Roy was next called,
AMI in reply TO Judge Powers said
he had formed a decided opinion
aud could not act impartially. He
was excused.
e. Dalton was also excused on
making q like admission.
JACOB Hall, replying 10 Judge
PoweIs- said he bad read and con-
ve'sed in reference to this case, but
thought he could listen to and act
upon the evidence impaItially. He
hat 10 bias against the defense vf
Insanity, and would give the accus-
Ell without hesitation the benefit of
any reasonable doubt.
10 Mr.. Narian-He was not OPP
posed TO the death penalty in muir
der cases, ard would show no dis
linciiOn as 90 sex where the evil
dence was conclusive. He had not
come TO an unalterable opinion in
this case.
Judge Powers offered no chal-
lehge, bit The e ntieman was ex-
cuseu ~ the prose, uiion.
EphIaim Gafne was then called
aUu. 10 Judge Powers, said he
thought he could act impai tally.
BE i,:d no bias regarding the de-
feuse OF insanity.
Questioned by Mr.. varian,
NJ. Game said he had no
sciuples resarding the death pen
atty hit would require more evil
dence 10 convict n woman than n
mao. He would inquire evidence
To show that she was guilty beyond
all doubt.
i;c.h sides agreed to excuse Mr..
Game.
J. s. DlTk., answering Judge
Powers. said he had formed ian
but not amounting IN
n strong conviction. IL was quail
fed opjniou.
Judge Powers challenged for
cause.
To Judge Zane-He would: II
sworn. listen In the evidence care
fully and act impartially.
Mr. DarAe was excused.
Geo. T.. Wallace was next called
upon. He had formed a fixed and
settled opinion-one that would
prevent him trying the case inn
partially. He was excused.
w. z. Jennings also had an ir-
opinion and was allowed
TO go.
ID. II. Shicley said that il his
present opinion was shown to be
wrong he might be induced TO
chance 1t, but he would require con-
evidence before doing this.
Excused.
H. S. Richbaum was not opposed (:
to a defense of insanity. He would
acJn.t the accused on reasonable
doubt being shown.
To Mr.. Va, ian-He was not OPP
posed 10 the deaii penalty, but in
the case OF a woman would require
very careful" evidence befoie con-
He had no bias or prtju-
dice.
Mr.. Ricbhaum was accepted and
sworn. and thus was completed the
selection Of the "tweive good men
and tue"