The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-10-25

e.nd Judge Zane said Did you state to Mr..
hamilton that you unders TODD it was not
necessary to prove the act of intercourse
beyond a reasonable doubt to convict?
Inc Wltuess-I said the courts instruc-
lions were that we must believe them
guilty beyond reasonable doubt, but that
u was not necessary to prove the act itself
oy an eye witness. l SO stated TO Mr.
Marsh in MIR. Hamilton's presence.
davitl
The Witness-No, sir; you read it to me-
The Court Who saw you in reference
to this affidavit!
The Witness-I was leaving the court
room when Howard approached me and
asked me to see Mr.. Hamilton. [ went to
the latter's office and we commenced dis
cusslng the courts charge, as stated.
JUROR NELSON TEsTIFIEs.
l.. Z. Nelson, another juror in the
Howard trial, testified: Two parties have
been to me trying to get something out of
me about this matter. The first man who
came up said he was astonished at the YER
dict. l replied that when one man kept
another's wife for two years there must
be something wrong, and added that the
twelve Jurors voted guilty on the first
ballot. He then said, ''Now 1 have got you
where want you" l do not know who
this man was.
Mr.. Gilsen, another juror who sat on the
Howard case, testified: Mr.. Hamilton
spoke to Mr.. Sutton ana myself, saying he
mad heard we misunderstood the instruc-
tons OF the court, and would like US to
come to his Office. repli that | did not
misunderstood the Instructions, and that
ended the conversation with me-
ON THE MASONIC LINE.
MIR. Sutton was recalled and stated: l
was approached by these parties who have
been rel erred to. Mr.. Hamilton told me
that he wanted to secure a new trial, and l
replied that could do nothing for him. I
was present when the man referred to by
Mr. Nelson approached him. Tie man
was Attorney Corey, who is in the room
now. He told Nelson that that was a
queer verdict. l then heard him say, 81
don't give damn, Pve got three afidavits
now, have got you where 1 want
you now.n I told Hamilton that
this man Corey had hurt his
case. Howard afterwards approached me
and said the whole case was miscopstruc-
ton and that Mrs. Everett was his half
sister. 'This,n said Howard, sis on the
masonic line" told him that l couldn't
help him. When the jury came out with
the verdict ana it had been read, Marsh
said to me, Where does the adultery come
in" L replied that it came in through the
verdict OF twelve true men.
COREY HAULED UP.
]. w. Corey, an attorney who was only
admitted on Friday, and was not identified
by Juror Sutton as the man who had an
preached Juror Nelson, was then called
and testified: 1 am a lawyer and have been
practlclng seventeen years. l had no con-
nection with the case whatever, but was
discussing it after the trial with a man
named Whitaker, who said that it took
three ballots to arrive at a verdict.
didn't think it did, and asked Mr.. Nelson
about 1T. When he said it took but one bal
lot, stated to Mr.. Whitaker, ''Now have
got YOU" or ''That is all want to know ;,
or something to that effect / did not tell
the juror that l had him where | wanted
him.
HAMILTON OFFERS TO TESTIFY.
This ended the testimony, and Attorney
Hamilton said that although be had made
his statement, he was willing to make the
same statement under oath.
JUDGE zANE's REMARKS.
Judge Zane replied that that would not
be necessary, and then said: Counsel and
other persons must understand that thew
cannot bring any influence to bear upon a
jury before or after a verdict is rendered
MrCorey,I can hardly understand why YOU
talked as you did to Mr.. Nielsen 1t looks
like intimidation. If you are not careful
how you go around these jurors, you, may
have your name
STRICKEN OFF THE ROLLS
and get yourself into trouble besides. The
law is a great science, and pettifoggers
who choose to go around following up Jurors
cannot appear in this court. l will allow
1t TO pass this time, but you must be very
careful.
COREY SQUELCHED.
Mr.. Corey-I would like to say
The Court don't want to hear anything
more from you. The statement of Mr.
Ruth, taken together with that OF Mr..
Hamilton, explains the matter somewhat.
There was probably a misunderstanding,
Attorneys must he very careful when an.
preaching juror after verdict. Trial
by jury is one Of the most important righis
that the citizen has. Liberty aud tie right
TO property depend largely upon it, and
jurors
MUST NOT BE TAMPERED WITH
The system must be kept pure. Counsel
can appear before the jury in making argu.
nlehboY UuJ ~ uu5G emu IuGTe.
MIR. Hamilton stated that in view of what
had transpired, he would withdraw from
the motion for new trial, Mr. Ruth's at
hdavit and rest upon the other grounds.
II CAUSES A SCRAP.
After the court adjourned at noon Law.
yer Marsh intimated to Juror Sutton that
he had not told the truth on the witness
stand.
DO you mean to call me a liar?n in.
quired the juror Indignantly.
The attorney admitted that such was the
idea he intended to convey.
Smash! went the jurors fist Oh the law
yer's ear. and few minutes later he found
himself in Commissioner Norrell's cour,
charged with assault ana battery. He
pleaded guilty and was fined So and costs.
amounting to about S14.
HOWARD GIVES THE BOND.
Later in the day Towards sureties went
before Commissioner Gresnman and gave
bond for $1,000.