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

@&s . oeak lA4<lA III ~ u8 nAl ~
ready formed an opinion on the ca,
from reading the accounts in Il
newspapers and .what he thong,
OF such cases" He could not. 1
was satisfied, try this case imp,rtia
~. Mr.. Young was accordingly e,
!. cused.
MIR. McRae thought be could tr
me case fairly and impartialiy upo
the evidence. He hal formed i'm
pressions Of the case from what b
c had read, but had now no fixe
= opinion thereon. He was confider
S that he had no prejudice against
defense Of insanity, end ii he entei
tained any reasonable doubt of tn
: quit OF the accused would STAN
= out for verdict of acquittal.
e To District Attorney Varian. Nj
Nc Rae said he was not opposed 9
the death penalty in cases "wher
! the defendant was a woman. II
: was not acquainted with the respec
tive parties in this case. He forme,
qualified opinion upon readiL,
the newspaper reports of til,
D case, and also an editorial upon II
: but, II sworn a. n Juror, he woul,
be governed entirely by the evi
dence.
Judge Powers offered no chal
lenge. but the Prosecution excuse
MIR. McRae and Mr.. Brinton, VIII,
. at once left the jury box.
Messrs. William Anthony. J. r.
Morris, David Pearl and j. NJ
Craboe were next called and
answered to their names.
/ Mr.. Anthony, in answer to Judg,
Powers, said he had formed Slight
opiuion on this case, but thought he
could try the case with imparti
atty. He had no objection to tine
defense Of insanity, in the event OF
its being put forward in this trial,
and If he entertained any doub,
Whatever Of the accused's guilt be
would uuhesitatingly give her the
benefit thereof.
Mr.. Anthony, to District At
torney Narian, said he had no OBJ
Jection to capital punishment, and
would "treat menaud women alike,
in trial for murder.
Mr.. Morris had formed an opin-
ion entirely from perusing the
newspapers. He, however, thought
he could Try this case impartiaIIy,
aud wonld carefully weigh any
arguments put forward in favor OF
the defense of insanity. He would
give defendant the benefit Of any
doubt.
Mr.. Pearl had no bias against the
defense OF insanity, and would
stand out for al acluittai if the dc
| feuSe warranted IL.
MIR. Crabbe replied in similar
terms.
Judge Powers offered no challenge
for cause.
To District Attorney Varian, Mr..
Morris said lie was not directly op-
posed to the inflieiion OF The death
penalty, and would stand out for a
conviction in a murder case IL
the evidence should demand il.
He, however, had "a prejudice in
cases of this character,v touching
the law of justifiable homicide. On
this head he held a firm opinion.
District Attorney Nariaa here
inlerposed a challenge on the
ground Of implied ami also actual
bias.
Judge Powers objected to the
challenge. remarking that Mr.. Mo--
ris had stated that he could give a
conscientious verdict according to
the evidence.
Answering Judge Zane, Mr.. Nor
ris said that il the newspaper re-
ports Of the proceedings at the
coroner's inquest were correct-then
he had q fixed opinion. 1t would
take considerable evidence to re-
move the opinion he had formed.
Judge Zanc-YOu may stand
aside then.
At this stage of the proceedings
District Attorney yarian directed
the attention OF Judge Zane to n
purported statement OF the facts Of
the case appearing in this mornings
local newspapers.
Judge Zane-Wbo are the re-
porteTs that wrote these statements
in the newspapers? a reporter
ought to have intelligence enough
to know that he should not
obsirurt the administration OF pub
lie justice by trying TO get men to |
commit themselves. 1t is an i'm
proper attempt to influence persons
who may be called TO act as Jurors.
Judge Powers-In regard to the |
articles in The newspapers, may !
state that the testimony, as disclosed |
on this trial. will be altogether diff !
ferent from what the reporters have |
already gathered together.
Judge ZaGe-fes. bntltese things |
cause delay here b. the juroIs read
ing them beforehand. Is the re-
potter in court wi,O wEUte This? (R.-
ferrins to pIFp0fiei statement OF 1
the facts Of the c1s. which appe IIed |
in this mornings TTsE,Dse.)
MIR. Narian-I do hot know VINO |
the reporter is, but do know that
a statement purpor;ing y he the
facts of this case appeaIs In both the
morning papers.
Judge POSers-I do not think
from whist nave read Of - that
the reporters have ovc.slepped the
bounds. | feel that MIR. Var;an has
oeen<Tying 10 make a tempe5: in a
teapot for the purpose Of attempting
TO prejudice something ia this mat
ter-to make out that the newspa-
pers have been doing something
they should not. The newspapers
have right to publish statements
in n public trial.
Mr.. Varian - That is imperii-
nence,
I..Ar at.,ln
myself, whether it is impertinence
or not.
Judge Zlne-Well, that l. enough;
l do not want to hear any more.
{ His Homo, after again scanning
the Tribune, cOnl.nuedl-Tbese re-
ports seem to be statement of the
facts of the case, and for a reporter
to make such n statement in
newspaper while a jury is being
selected is improper. IL seems
10 be an attempt TO influence the
trial Of this clse. which any inteili-
gent and fair-miuded man knows Is
not right. The jury must Try the
ease upon the evidence as it is
eliei ed from The witness stand. This
attempt 20 influence persons who
may be called rs JuroIs-xhich may
in some instances result in their dis
publications., 1 say, very i'm
proper. Some courts might handle
, reporter very severely for attempt
ng to interfere with the admiDis-
ration Of public justice. Who are
.hese reporters who gave this iDfor-
MIR. Twins, representative Of the
said he made the settlement
N that paper.
Mr.. James p. Bloor-And l in
he 7iijpae.
Judge Zane ito the Tri5Die repor-
er-Then, why? Didn't you know
We wee selecting a jury and taking
1 great deal of mn Ill. tn do 80