The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-12-05
A Big LEGAL BATTLE.
The Struggle for a Jury in the
Olson Case.
BRIEF STORY OF THE KILLING.
Theory of the Defense Shown-Eight Out of
the Twelve Jurors secured-The Evil
dence TO Begin To-day.

The struggle for jury in the Olson case
is now on.
So far, but eight of the ''twelve good men
and true' have been secured.
The knowledge that the case would come
up yesterday morning crowded the court
room with curious spectators, every seat
being occupied few seconds after the door
was opened, while many were content to
occupy standing room only. During the
progress of the Kuntz trial, the crowd
waited patiently, and when the jury in that
case went out, a buzz of excitement ran
through the room, for at that moment
Amanda Olson, the slayer of Frank Hall,
entered, accompanied by her mother and
Judge Powers, the attorney for the de-
Tense. AS Miss Olson passed down the
aisle, all necks were craned TO get glimpse
of her face, but in this they were disap-
pointed, as the defendant was heavily
yelled, which entirely concealed her fea-
lures, She was attired in stylish black
jacket and dark dress. Judge Powers,
the defendant and her mother took seats in
the centre of the room, while United
States Attorney Varian and his assistant,
Mr. Critchlow, occupied a table to the
west.
THE STORY OF THE KILLING.
The Olson case, which is already cause
ceIebre, promises to occupy the attention of
the court for some time The tragedy oc-
CURED so recently and the affair created
such a sensation at the time that the de-
tails are doubtless still fresh in the minds
of the public. Just at dusk on. Septembes
% last, Frank Hall, a sporting man, was
passing down G street with Mrs. Ann Hart,
at whose house he boarded. When they
reached the corner of Second street the
slight figure of Amanda Olson was seen
near tree. AS they passed, Miss Olson
made some remark, and then stepped out
into the street. Hall and Mrs. Hart were
in the center of the street when Miss Olson
raised her hand shot was fired and Hall
fell TO the ground with {. bullet in his brain
and expired almost Immediately. Miss Oh
son then proceeded to the city hall, accom-
panied by two young men who were at
tracted by the shooting, and walking into
the police station she cried: 81 have killed
my seducer, and want to give myself up"
AT the inquest, which was held the next
day, letter written by Miss Olson on the
day of the homicide was produced. IL this
she charged Hall with having seduced her
under promise Of marriage. Many circum-
stances were adduced which tended to con-
firm her statement that Hall had ruined
her, and while the tragic termination Of the
affair was regretted on all hands, public
sentiment was overwhelmingly in favor of
the girl.
THE CASE OPENS.
When the parties were all present in the
court room Yesterday morning, Judge
Zane said: ';WelI, gentlemen, are you
ready to proceed with the Olson casenn O
I'VE are, y replied bota the attorneys.
LET the jury be called, then, y announced
Judge Zane. and Clerk McMillan's first
call brought to the box twelve men on the
regular panel. They were: James Ash
man, c. L. White. Charles Ellison, F. A.
Pascoe, Edward Pickering, j. NJ. Cahoon,
Walter Smith. Peter Erickson, Joseph Irv-
! ing, W. p. Read, j. B. Meredith and Will
| liam Roberts.
1t is hardly necessary to say that all of
these gentlemen had heard of the case. In
examining the jury, Judge Powers first
question outlined the theory of the defense.
! He asked Suppose the defense in this
case claim that if the defendant did COM
nit the act, she did it by reason OF her be-
| ing insane, would you have any prejudice
against such defenSe!'
The twelve men replied that they would
not
Suppose there should be doubt in your
mind, asked Judge Powers, ''as to whether
she was insane or not, would you give her
the benefit of the doubtE"
The jury answered that they would.
Judge Powers next examined them or
their knowledge Of the circumstances O.
the case and as to whether they they haC
formed any opinion. Messrs. Roberts
Smith and Meredith had formed some sor
of an opinion, but not such as would not b,
removed by evidence, while Mr.. Pasco, be
sides being acquainted with Mrs Hart, the
principal witness for the prosecution, haC
formed strong opinion. Judge Power
closed the examination by challenging Mr.
PaScoe for cause.
A sQUARBLE.
Mr.. Varian then took the jury in hand
and his first question was as to whether o
not the jury had any prejudice agains
capital punishment.
Judge Powers at once objected to thi
question, on the ground that the indictmen
did not charge murder in the first degree
The Indictment, which was found by tn
grand jury on October 4, charged that tn,
defendant on the 29th OF September last
with force and arms upon Frank G. Hall
did feloniously, unlawfully and with malic
, aforethought, make an assault, and di
Jnen anu buefo IelOulOuSly, uuldWlully ant
of her malice aforethought discharge
pistol upon the body of Frank c. Hall, in
f1icting a mortal wound, of which the sal
} Hall then and there died.
Judge Powers insisted that the word
. ''willful, deliberate aud deliberate mus
appear in an indictment alleging murder i
the first degree.
Mr.. Varian maintained all the essential
were fully covered in other terms en-
: ployed. and insisted that the indictmen
was sufficient.
Along argument ensued, in which man
authorities were cited.
: Judge Zane said the question wa
! whether the terms feloneous, malicou
, and with malice aforethought, whic
appeared in the Indictment, wer
equivalent of the terms wilfu
, deliberate and generalization, whic
J were omitted from the indictment. He we
: of the opinion that the terms used wei
: sufficient, and that upon this indictment til
defendant might be convicted of murder
the first degree.
In the Afternoon
+ When the court re assembled in the afte