The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-09-23
AARON GOES FREE.
Mr.. CritchlOw Asks that He be
Given His Liberty.
AINsWoRTH FOUND GUILTY.
The Wyman Murder Case Now On - The
Work Of Securing Jury = Other
Court Matters.

Work Of Securing Jury = Other
Court Matters.
Cyrus Aaron, who was recently convicted
of grand larceny, while his co-defendant, j
w. Randell, was acquitted, appeared in the
Third district court yesterday morning fol-
sentence. His attorney, Mr.. Hamilton, III
troduced motion for new trial, and in
behalf of the prosecution Mr.. Critchlow
said that the result reached by the jury a,
the trial, in acquitting the principal de-
PENDANT, Randell, and conyicting Aaron,
was surprise to the prosecution. That re-
suit must have been reached through sym
patty with the family of Randell, and in
extending mercy to hum, they failed to dc
Justice To Aaron. He was content TO con
Tess the motion.
The motion for new trial was allowed,
and Judge Zane also remarked that he did
not see how the jury managed to reach the
conclusion they did.
Mr.. Critchlow then stated that the
prosecution didn't have sufficient evidence
TO convict and he moved that the case be
dismissed. This motion was promptly
granted and Aaron walked out of the
courtroom a free man.
AISswoRTH POUND GUILTY.
The case of Clinton Ainsworth, charged
with fornication, was then taken up. The
Indictment alleged that the offense was
committed with Matilda Nillson on April
D, 1890. A jury was obtained with
our difficulty and the trial was proceeded
with, Judge Powers defending and Mr..
Critchlow prosecuting.
Mo.sld, N,iI-o- --:&~.-
She testified that she became acquainted
with Ainsworth, who was coachman,
some years ago, and a criminal intimacy
spraEg up between them which resulted in
the birth of child three years ago. Along
IN March last it came to her ears that lie
was going to marry another woman and
when he again called she asked him about
it He denied that he had any such inten-
ton and she accompanied him to his room
at Glendennings, where he was employed
and spent the night with him. They be-
came engaged to be married three years
ago. The witness denied ever having
been intimate with any one other than the
defendant. During the most of the time
of their intimacy, the witness lived at
Victoria place.
Hilda Nelson testified that she had lived
ct Victoria place, and had seen Ainsworth
there frequently visiting Matilda Nilsson
Mrs. Martenson testified that she re-
sided at Victoria place. and had seen the
defendant at Miss Wilson's frequently.
Nelson Nillson, a brother of the complain
ing witness, testified that Ainsworth was
going with his sister for long time prior
TO the time mentioned in the Indictment.
Ainsworth never denied that he was the
father of Miss Wilson's child, and always
promised to marry the girl.
This closed the evidence for the prosecu-
ton, and the defense offered no testimony.
hn- rnr~. 49,.
and brought in verdict of guilty.
THE wYMAN MURDER CASE
The case of Charles NJ Wyman, indicted
for murder, was next called, and as it
promises to engross the attention of the
court for some time, a brief history of the
affair may prov interesting. 1t seems that
In November last, the defendant who was
at one time bailiff of the Third district
court, was practicing law. at Ophir, in
Tooele county, and in October, 1889, he
acted as attorney for man named Morrill,,
IN suit against Mrs. Kelley for small
debt. Among the witnesses for the de-
tense was Mr.. McAffee, Mrs. Kelley's
brother. The suit went against Mrs.
Kelley, however, and it was followed by
another suit, ana in November McAffee
was arrested for perjury. Wyman assisted
the county attorney, Mr.. Gowan, in
prosecuting the case, and on the
night of November 14th last, James Kelly.
husband of the party to the suit mentioned.
met Wyman and reproached him for his
part in the prosecution of McAffee. Just
what passed between the men is not def
nitely known, but after few words Wv
mau wen off and got a rife and returning
shot Kelly dead. As before stated Wyman
was at one time a baliff Of the Third dis
trict court and is a LAWYER by profession
He is a man of sight build and medium
height, and the expression of his face is
very mild, and previous to this affair. his
reputation for peace and quiet was excel
lent. As he sat by his attorneys, Judge
Powers and w. H. Dickson. he was above
the last man in the crowded court room
who would have been picked out as muir
derer.
Mr.. Critchlow and j. NJ. Hamilton ap-
peared for the prosecution. Mr.. Varian.
VINO was to have been associated with
them, was unable to be present. Because
OF this Mr.. Critchlow moved for continu-
ance, but Judge Zane overruled it. and the
selection of jurors was commenced The
trst call brought the following gentlemen
into the box: Charles Ellison, James
Bourne Fritz Miller, E. L. Craw, a. S.
Kendall, Patrick Bremen, John Knapp. d.
=. Slower, NJ. Schwartz, Peter Erickson
H. ]. Rivers, James Fenwick
Fritz Miller testified that he had known
Kelley IN his lifetime and was familiar with
toe case, and had a fixed opinion He was
challenged for caused and excused.
A. S. Kendall stated that he was opposed
TO capital punishment, and while he would
If accepted, discharge his duty under cath
still ne would not return a verdict of guilty
if there was shadow of doubt in his mind
MIR. Critchlow challenged the Juror, but
the challenge was overruled
MIR. Schwartz thought that he ought to
be excused and he explained to the court
that he wanted to celebrate the Hebrew
holiday in few days Judge Zane in
formed the juror that this was no reason at
all, and Mr.. Schwartz sat down disguised
Mr.. Craw stated that his business YVES
going to wreck and ruin while he was serv-
ing his country as juror, and he wanted to
be excused. Judge Zane denied the re-
quest, and the others were passed for
cause.
The peremptory challenging then COM
meuced and the prosecution opened by ex.
cuslng Captain Slower. The defense ex
cused Mr.. Bremen and the prosecution let
Mr. Kendall go. The defense challenged
Mr.. schwartz and the prosecution excused
MIR. Knapp. 4 lull followed, during which
the attorneys on both sides looked over the
remaining jurors and considered. Finally
the defense challenged Mr. Erickson and
the prosecution challenged Mr.. Rivers,
The i've remaining jurors were passed
and the following gentlemen were called !.
A. j. Narney. Fred Rasburns, T. H. Doran,
y. +. Hatch, w. D. Moffatt, A. L. Heaston,
James Ashman
E. p Hatch stated that he had read a re-
port OF the case in a newspaper at the time
OF the occurrence and formed an opinion at
the time. 1t was not fixed and settled
opinion, still he thought he was somewhat
prejudiced and would not be an altogether
impartial juror. He was promptly cha,-