Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-09-11
COURT IN plUTE COUNTY.


Special correspondence of the NEWS.
JUNCTION, Piute county, Utah,
Sept. 8, lS97,-The fret business Of the
Sixth judicial court yesterday was the
disposition OF the case of the State We
Page and Luke. Mr.. Collins for the
State reported that alter investigating
the method OF procedure to business OF
the county commissioners and the
facts in the present case, they found
no cause for action against the defen-
dants, but that their acts were lawful,
and therefore moved that they be dis.
charged. The motion was granted.
The case OF the State vs. Harry Mills.
for the murder OF John Psrjue was
next called. The defendant looked
somewhat pale, and there was an
anxious, keen expression In his blre
eyes. be Ia thirty.two years old, but
appears young and almost feminlnely
delicate, and he impretses one WIN
6rst looks upon his oounteusnce RS
psmpercd darling, but not possessing
vile or wicked heart. Messrs. PJweTs,
Frew ana Ferguson appear for the
defense, while Judge King and Prose.
cutlon.
Judge Powers challenged the i'm
psneling of the jury on the ground
tn at the law uuder which IL was sum.
moned 10 unconstitutional and offered
reasons for his challenge. The matter
was argued at great length, after
which the court denied the challenge,
10 which ruling exception was noted
by the defense. II will be remembered
that before the Supreme court In the
Hayes case this same question was
raised and not passed upon by that
boJy for the reason that the point had
not been raised by objection or other.
wise during the trial OF the case in the
lower court. Should conviction be
had In this (the Mills) case, and 1t
goes up, the question OF uDoonstitu.
tionaliiy will be properly before lhe
su preme tribunal Of the State.
Judge Powers also objected to the
Jurisdiction Of the court to try the case
on the grounds that the law Ruthorlz-
ing cOurts In the Slate OF Utah to Try
and determine criminal cases by in
formation Ia null anu void Tor the
| reason that tho SAID law was never
| adopted or passed by tue Legislature
in accordance with the provisions OF
the Conltitution OF the State. This
| objection, of course, WAS overruled
and exception duly noted by the de.
fsnse, The defense asked, which re-
quest was granted, that 1t .shali be
deemed that this objection, as to iuris.
diction, is offered and urged to each
and every step and proceeding that
| shall be- taken during the trial Of the
case, the ruling OF the court, OF course
to co overruling this objection and due
l.. 80 s... Al "a.
At the close Of court after examin-
ing the panel of twenty-iour Jurors,
seven only were found to be qualified
| az d acceptable TO both sides.
Just before the calling Of the first
list Of jurors this morning the wifs and
| mother OF the deiepuaut entered the
| court room and took seats beside the
prisoner. They appeared very serious
| and worn. The mother has a refined
| anu Intelligent appearance; the wife
| looks girlish and sweet anu her dark
| eyes possess q sad, pathetic express
| siou that touches the disinterestsd
| bsholder. Soc kissed the prisoner
| when she first entered anu tsara fell
| from her eyes Tor little while. There
are two little children with her,
BOY and girl, one Of which sat upon
| his fathers lap.
The whole morning was consumed
In the examination of Jurors which re-.
suited in the retention OF two out OF
panel OF seventeen. An order was
| again MAZE for ths Issuance OF an.
| other open vsDiTe.
Moroni Dalton was called to plead to
the indictment OF murder. Hls plea
wss not guilty. Toe case was set for
TRIAL in November.
| NJ. NJ. JOHNSON