The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-05-07

Judge McCarty took his seat on the
bench yesterday morning in the Grim
inal division of the Third district court
for the purpose of hearing the bribery
charge against Herman Bamberger
The case was called. and Hon. j. l..
Rawlins of counsel for the defendant
objected to Judge McCarty presiding
at the trial of THE case for the reason
that the fact of the judge holding the
position of assistant prosecuting attor-
ney at the time the indictment was
found disqualified him.
His honor thought this was good
grounds for the objection, and at once
sustained it and left the bench.
The prosecution then communicated
with Judge Rolapp OF ogden, and he
agreed to trv the case and took his
seat on the bench at 3:45 in the after
noon, and the proceedings commenced
with County Attorney Whittemore and
his assistants, Nye, Pratt and Wafte,
prosecuting, and Messrs. Rawlins &
Crltchlow defending the accused.
Eight talismen were called and took
their seats in the jury box.
DEMANDED TWELVE JURORS.
Mr. Rawlins asked that the defend
ant be tried by Twelve jurors, on the
ground that it was a constitutional
right of which neither congress nor
the state legislature could deprive him,
and also and more particularly on the
ground that the alleged offense was
committed and the indictment found
under territorial conditions when a
jury of twelve men was the only jury
ever employed.
The request of Mr.. Rawlins was over
ruled
Mr. Rawlins then challenged the
panel of jurors upon the following
grounds:
'F'irst-Said jurors were not selected
or summoned from and are not of the
Third judicial district of the territory
of Utah or the district as ascertained
by law previously to the finding of the
indictment herein, and of the time of
the offense as alleged in said indict-
ment, burt said panel of jurors and
each and every of them were and have
been selected and summoned from Salt
Lake county only, and are not of the
said district previously ascertained by
law. And the said defendant hereby
claims the right of trial by an impair
tial jury of twelve men of the district
wherein the Said crime is alleged to
have been committed, as previously
ascertained by law, this right being
claimed under and by virtue of article
6 of the amendments to the constitu-
'tion of the United States.
"Second-That only eight jurors are
called, proposed and sworn for the trial
of this cause whereas the defendant
under the provisions of the constitution
of the United States hereinbefore men
toned is entitled and hereby demands
a trial by twelve jurors
The objection was overruled and the
examination of jurors as to their quail
flcations to sit in the case was begun.
F. E. Schoppe, Causten Browne, jr., A.
w. Harvey, H. A. BIeasdel, J. H. Wood
mansee, Frank Webb, j. NJ. Whitaker
and L. NJ. Earl took their seates in the
jury box. Causten Brown, jr.. l.. NJ.
Earl, A. w. Harvey were excused and
George a. Lowe, Edward Johnson, o.
P. Miles, S. H. Auerbach. Henry Siegel,
E. w Duncan, H. s. Margetts, R.
Knudsen, M. Kopp and S. F. Walker
were examined. Some were excused for
cause and some peremptorilly.
PERSONNEL OF THE JURY.
When the jury was accepted and
sworn it stod as follows: F. E.
Schoppe, H. G. Bleasdel, J. H. Wood
Frank Webb, Edward John
son, R. Knudsen, M. Kopp and S. F.
Walker.
The jury was sworn and the indict-
ment read. which charges that on
September 20, 1898, Herman Bamber-
ger, being then and there an executive
officer, to-wit: a selectman of Salt Lake
county, and the selectmen having I'M
der consideration the furnishing of the
county's half of the city and county
building with a device for regulating
the temperature of the various rooms.
the said Herman Bamberger did agree
with Charles a. Baker, the agent of the
Western Temperature Regulation COM
pany, to receive from said company q
bride of $500 with the understanding
that his vote as selectman should be in
nuenced in favor of the Western Tenn
perature Regulation company, to award
them the contract
JUROR KOPP TAKEN. SICK
At 6 O'Clock court adjourned until
$50 and on reassembling at that hour |
note was handed Judge Rolapp from |
J Juror kopp stating that he had sud-
denly been taken sick, was suffering
with severe pain in the side, could |
scarcely move and had sent for a doc
tor and was unable to leave his home |
after waiting for about an hour court
ADJOURNED until $3.50 o'clock this morn |
ing If Mr.. Kopp is then still unable |
20 attend it is likely that a new Jury |
VIII be impaneled and the case gone |
On wlth unless some other unforeseen
obstacle presents itself.
JGWER EXTRAS.