Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-05-04
A DAY OF RECKONING
Louis KOlliz Acquitted By a jury 10
The Tnird District Court,
nur TRIED on ANOTHER cOuST.


NEwa report OF the Koliiz trial, tho
accused testified In his own behalf.
Ho stated that he went into the coli
lar, where the property he is charged
with destroying was stored, on the
Sunday, and on Monday alter the fire
Loft the city for day or Two. He denied
positively that he attempted 20 damage
the goods, az alleged. and had no con.
versatlon with Thurgood or D)naldson
relative to the matter. he put his foot
through the rocking chair accidentally
but an not tell DJnaldson to break 1t.
Chief Stanton stated that the fro
alarm was turned Ia few minutes
after midnight and that the cellar was
subsequently flooded with water. The
water might have been eight or twelve
inches deep, but he was not sure about
that.
Wallace Axtell testified that the witt
ness Donaldson told him recently he
was sorry that this case came up,
hut that he would have TO testify as ho
did In the court btl9w. Axivll mad
been subpmnaed TO testify against
Kolitz In The court below, but was not
calleu.
George Arbogast, candy manufac.
turer, testified that slight heat would
dcettOy bule.
Miss Davis, Kolilz' slster.in.law,
said the defendant lett the city on the
Monday, Ms alleged by him.
Someother testimony was introduced
as to koli,z being out Of the city on
Monday morning, some Of the witless-
60 testiiying that he was while o.here
nogatlved this.
Judge Powers made an earnest ny.
peal TO the jury On behalf OF the de.
iendant, aud was followed by Pr0seeut-
Ing Attorney Stephens, who had not
concluded his address when the court
adjourned for the day. He resumed
his Remarks this morn+ng, and having
concluded, Judge Zlns briefly charged
the jury, who retired to consider their
verdict at 1880. After being absent
lust iifteun minutes they returned,
huding the defendant not guilty.
DASH OF COMEDY.
While the Jurors wele celebrating
n second Jury was empaneled to try
the defendant on another count Of the
indictment, viz, making fraudulent
insurance claim. When the twelve
had been sworn,
Assistant Dlsirlc. Attorney Stephens
suddenly Jumped up aud, TO tho up.
parent surprise OF c0unse. on the other
side, said-I undeE,tAnd, your honor,
TINT one OF the jurors Is sick. IL 30 1
would like him to state 1t.
Judge Powers-l don't know how
counsel understands 1t unless he is q
mind reader.
Attorney s.ephens-I am to n cer-
tain extont.
Judge Powert-At this time the Jury
has been sworn to try the case.
Counsel has had an opportunity to
examine those Jurors, and he has
accepted them.
Attorney Stephens - Well, / will
take q ruling on the question.
Judge Zane-What Juryman Is Il
who you say Is too sick TO sit on tho
jury?
Attorney Stephens-weli, 1 thought
80.
Attorney 3. IL. Lewis (of counsel for
the defense)-Jus thought sol (rhis
with tingo OF sarcasm In the tone).
Judge Zane (getting inpatient to
come down to solid f,cD-Who is II Ia
30 sick?
Attorney Stephens - The second
Juror there sitting on the back seat,
DO not know-I may be mistaken.
Judge Zane (ilxiug his eye steadfast-
ly on the Individual indicated)-Are
you sick, Mr.. - (the name was
lot given.)
The juror in question had a good
sized square OF TOBACCO in his mouth at
the moment and aTtlculated with some
degree OF difiiculty--"Not tall"
Attorney Stephens-I will waive Il
then. He Is better Judge than am,
or ought to be.
The matter then dropped and the
prosecuting attorney was about to open
the case, when
Judge Zane, who had apparently been
pondering over the incident in the
interim, said--I would like to investi.
gate this matter. Mr.. Stephens, what
10 II objected 10?
Attorney Stephens-Well, I have
no
without finishing the sentence
counsel stepped up TO the bench and
spoke TO the court In an undertone.
But Judge Powers respectfully de.
manded that Mr.. Stephens speak out
30 that all might hear what was said,
adding--It should be given on the rec
ord. We will take chances, on the
part OF the dc PENDANT.
Judge Zane then hit straight out; by
thio time no understood what was be-.
ing driven at. "Well," said he, ~
wish 1t to be distinctly understood that
| will not allow "a case 10 he tried AZ
there Is drunken man on the jury.n
Judge Powers-Wo do not think IL
Ia 30.
Judge Zane asked Attorney Stephens
where he obtained his Information
from us to tho juror being under the
influence OF liquor, aud the prosecut.
ing attorney thereupon said Tor,
rather, should have said, IL he had
correctly stated the facO that his sus-
plcions were aroused 10y what gentle.
man preSent had privately suggested
to him.
And II turned out TO be nothing more
than u mere suggestion after nll.
though certainly the jurors more than
rubicund face, extraordinary manner
and thickness OF utleranco all went to
confirm the suspicion.
Judge Zane said no did not want
any scandal In court. II u Juror was
the worse for drink he did not want
him there. Moreover, he wished en-.
phaticaIly TO point out that II wss a