The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-11

The trial of Harry Haynes and A. Z.
Cahoon was called yesterday morning
in Judge Hfles' court. The defendants
were indicted by the grand jury. it
being charged that on October 1, 1894,
they were associated together in bust
ness under the name Of the Macadam
Rock company and supplied to the
county of Salt Lake for use in paving
State road, quartzite rock crushed into
sizes requisite for use as macadam, and
that on December 8, 1884. the defend
ants presented and defendant Cahoon
swore to a claim for $500 yards of ma
cadam rock at SLIP per yard, amount
ing to $11,1S0 while in truth and in fact
the material supplied was not quart
ute rock, but mostly consisted of dirt
and soil intemingled with small pro
portion of broken quartzite rock, and
was of little or no value and the said
claim, as presented, was then and there
false and fraudulent, all of which was
we'll known to the defendants.
a second indictment is that on Octo-
Der s, 1894, the defendants, under SINH
lar circumstances. presented and Ca
hoon swore to claim for 1000 yards of
that same was fraudulent like the
other.
a third Indictment is that on Octo-
Der 30 the defendants presented and
the defendant Cahoon swore to a claim
for 400 yards of shale rock at $1.72
per yard amounting to 81, 40S, when the
kind of material they supplied was not
worth to exceed 81 per yard, amount
ing to 81, 400.
Another Indictment charges that the
parties similarly presented a claim for
amounting to $4,043.72, when the ma
terial actually supplied was practically
valueless.
These offenses are charged to be
misdemeanors and both defendants are
on trial together on one of the series
of indictments, charging that on Octo-
Der 90 the defendants presented a claim
for 400 yards of shale rock at 81. 70
per yard, amounting to S2.40S, when in
fact the material supplied was not
shale rock, but dirt and other stuff not
worth over 81 per yard. 81 400 in all.
County Attorney Whittemore and At
torney c. S. Varian prosecuted, and
Messrs. Powers, Straup & Lippman de-
Tended the accused.
OBJECT TO EIGHT. JURORS.
When the jurors were called and had
taken their seats in the box, counsel for
the defendants raised the following OBJ
jections:
Now come the defendants and chal-
lenge the array of the jurors now here
upon the following grounds:
First-There are but eight men in
the lot, and the defendants are entitled
to be tried by a jury consisting of
twelve men.
Section-Section 10 of the constitution
in that it provides for the trial of Grim
inal cases by eight men is unconstitu-
tional and void, the same being re-
pugnant to the fourteenth amendment
of the constitution of the United States
in this, it abridges the privileges of
citizens and deprives citizens charged
with crime of due process of law.
Third-SeCtion 10 of the constitution
Of Utah in so far as it provides for
the trial of criminal cases by eight
men, is repugnant to and in conflict
with section II of the constitution of
the state of Utah, and is therefore
void.
Fourth-Section 10 of the constitution
Of the state of Utah so far as it relates
to crimes alleged to have been COM
mftted prior to said constitution going
into effect, is retroactive and ex-post |
facto, and is repugnant to and in con-
aict with subsection l of section 10.
Of article l, of the constitution Of the |
United States.
OBJECTIONS OVERRULED.