The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-05

The jury in the case of Joseph r.
Morris, charged with agreeing to ac-
cept a bride from Martin Hayken, came
into court about IL o'clock yesterday
morning, after being out IS hours, and
stating that they had not agreed upon
verdict and that there was no posi-
bility Of their agreeing, were dis
charged.
1t was learned that the jury stood
six for conviction and two for acquit-
tai That was the standing when the
first ballot was taken, and so they
remained all day and all night until
they were discharged.
The six jurors who stood for con-
viction were anxious TO make their
positions known, and it was unofficially.
given out that H. P Burns and John
Wood were the two who favored ac
quittal, both of whom occupied posi-
lions as road supervisors under the
county court of which Morris was
member.
When the jury was discharged the
prosecution announced their intention
of trying the case again at once. Judge
Powers said that he had not consulted
his client, or his associate counsel in
the case, but it occurred to him that
in view of the sentiment which was
abroad in reference to this case it
would be a good thing to have a change
of venue and have the case tried in
Ogden or somewhere else the next
time. Anyway it was impossible for
him TO commence the retrial right
away. as he had so many other cases
set in other courts which had TO be
attended to.
MOTION FOR A CONTINUANCE.
The prosecution indicated that they
were willing TO try the case in Ogden
next time, but preferred to go right
ahead where they were at once, and
the matter went over till 4 o'clock in
the afternoon, when Judge Powers pre-
scented afIidavits for a continuance
made by himself and Judge Loofbourow
TO the effect that their other engage
mendS made ii impossible for them to
proceed with the retrial of this case Il
once. Counsel then proceeded TO make
argument for continuance and among
other things not mentioned in the affi-
davits, said that the state of the pub
lie mind at present was such that his
client could not have fair and i'm
partial trial. The jurors, counsel said,
had been attacked by the newspapers
at the instigation of the county attor-
ney. Assaults on their integrity had
been made and indirectly on the integ-
riuy of the court One juror, Judge
Powers said, had declared since leaV-
ing the jury box that he thought the
defendant was entitled to an acquittal,
but when he thought of the roasting
he would receive from the newspapers
if he took that stand, had voted,
against his convictions. for a verdict
of guilty. He charged that Mr.. Whit
temore had used the columns of the
Tribune in which to try the case, and
against the defendant. He referred
to an interview with Mr.. Whittemore
published in that paper in which the
county attorney had substantially said
that the prosecution could not get a
fair show before Judge Hiles, when it
was well known that a more honest
man than Judge Hiles was never Gre
ated.
Counsel directed the attention Of the
court to the fact that the trial had
many times been postponed to suit he
convenience of the prosecution over the
protest of the defendant, and that the
defendant was entitled 10 as much con-
sideration as the prosecution
THE OTHER SIDE.
Judge Rhodes, for the prosecution,
The witnesses for the state were here
and if the trial was postponed it was
doubtful if the state could get all the
material together again to present the
case properly, and the expense in bring
ing them at some future date would
be very great. Counsel denied all re-
sponsibility for anything that NAV
have appeared in the newspapers, as
he, individually had never been a party
TO trying any case in the public press.
In fact, he said, he never talked to re-
porters and would not allow reporters
to talk to him, and would absolutely
refuse TO give them any information on
any subject; in fact, from Judge
Rhodes remarks it would appear that
he had an utter adherence of the press
and anybody and everybody connected
with it. He failed to see that there
was any particular public sentiment
abroad in reference to the case and
felt sure it could be tried as properly
now as at any other time. He thought
the case could be tried in a day and a
half, and promised that the prosecution
would not occupy more than half day
in presenting their side. Any juror who
had expressed himself in. the way that
Judge Powers said a juror in the case
just concluded had done should be sent
10 jail for six months. twice a year
Judge Rolapp, in ruling on the mo-
ton, said that, in view of the conduct
OF the prosecution, if the case was
ioN bc4olC MIN Oh 4 motion 10 dismiss
he would feel very much inclined TO
sustain it if ne could do so without
stultifying himself. Last summer. when
Morris was on trial the sentiment of
the community was such that the pros
ecution asked for a continuance before
another trial was gone into and gave
that as reason for not going on with
the trial then That sentiment had
been kept up through the newspapers.
and existed today in such a form that
his honor could rot do otherwise than
take judicial oognizance of ii. vet now
the prosecution denied that any such
sentiment existed. His honor said that
he had but little nope that at the end
of another trial the case would be any
nearer 4 solution than it was at pres
ent. The defendant could not be forced
to trial without counsel. The defendant
had rights in which it was the duty of
the court TO protect him He would
grant the continuance and leave it with
the prosecution to fix the date any time
not sooner than two weeks.
BY agreement the retrial was set for
December p, and court adjourned.
BOND WIRE; THIEF ARRESTED.