The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-11-12

16SlerQdy morning II. DdSOAi,
Harvey NJ. Bacon, F. L. Holland and
w. B. Holland appeared in Judge
Hiles' division of the Third district
court for arraignment on the indict-
ments found against them by the
late state grand jury. Ninety-eight in
dictments were found and the defend
ants were arraigned on p charging
misdemeanors, in that the defendants
received deposits for the bank at
time when they knew it was insolvent,
and on IL, charging felonies, in that
the defendants were guilty of en-
bezzlement by selling drafts on other
banks with which they had no funds
and no credit at the time.
The forenoon was occupied by Clerk
Stanton reading the indictments, some
of which are quite lengthy, and the
formalities of the law require that
each be read in full. Mr.. Stanton IS
quite a rapid reader, but 1t was tedl-
Gus and tiresome business.
That part of the business over Colo
mel Ellis on behalf of the defendants
moved that the indictments be dis
missed on the grounds that at least
one of the grand jurors was dlsquall-
fed from sitting in the case, for the
reason that he was biased and preju-
diced against the defendants, and had
said so on his examination before the
grand jury was impaneled. In support
of this statement Mr.. Ellis submitted
the transcript of the examination OF
the juror in question, Mr.. Eli l.. Price,
as made and sworn TO by Court Stem
ographer Pike.
SAID HE WAS PREJUDICED.
The transcript read as follows:
Eli L. Price, being examined as to
his qualifications, made the following
answers to Mr.. Whittemore:
You are a citizen of the United
States?"
Yes. sir
over the age of 81 years?"
Yes, SIR
You read and write the English
language?"
Yes. SIR
And have resided in Salt Lake
county more than six months last
oast?"
Eyes, SIR"
You are a taxpayer"
Yes, sir
And have never been convicted of a
felony?''
No
You are not an officer or soldier of
the United States army, or subject to
military control?"
mo, sir
Have you served on a grand or
petit jury within two years last past?''
No, sir
Were you a depositor of the Bank
of Salt Lake at the time il failed?"
mo. sir"
do you stand in the relation of
debtor or creditor of either ]. H. Ba-
con. H. M. Bacon or Frank or w. B.
Holland?"
ssNo
DO you know any reason why you
shouldn't sit as a grand juror in the
investigation of the affairs of that
| bank?"
No
You have no bias or prejudice?"
Yes; l have expressed an opinion
several times
Well. are you biased in the matter
prejudiced?"
Yes, sir; 1 think I am, a little"
DO you mean to say you wouldn't
be able to hear and consider the evil
dence that would be submitted before
the grand jury and act fairly and
impartially in the matter, and let your
acts be determined by the facts as
presented before the grand jury?"
Yes, / think / could do that?"
THAT is, you would not be governed
by anything bit the facts that would
be presented to the grand jury. and
YOU would determine upon those
facts?"
Yes, SIR
Fairly and impartially?"
Yes, SIR
Notwithstanding the statement of
Mr.. Price that he was prejudiced, he
was passed by the county attorney as
a proper person to serve
Arguments were made on the motion
by Mr.. Ellis in support of it and BIZ
County Attorney Whittemore against
it.
INDICTMENTS DISMISSED.