The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-06-27
TRIAL OF POSTMASTER BATE
WHOLE DAY CONSUMED IN GET
TING a JURY.
Case In Which a Riverton Man Is
Charged With Arson-Two Wit
nesses Testify.

There is a hard fight on in Judge
NorTell's court over the tr:a! Of Post
master Ernest T. Bate, charged with
arson at Riverton last April. IL Bate
is finally convicted it will only be after
a very vigorous contest.
Attorneys Richards and Varian were
so careful and scrutiniZing in their
choice of the jurors that nearly the
whole time was required in the selec-
ton OF eight men to hear the evidence.
Only two witnesses, Mr.. Evans, who
drew a map of the positions of the
buildings at Riverton. and Insurance
AdjuSter J. K. UrmStron, were exam
| ined.
There were in the court room Bates
young wife and his father, W. Z. Bate.
who leaned anXiOusly forward to catch
every word that was said Back in the
court room were several more women.
residents of Riverton, who will testify
in the case.
Bate is charged with having set fire
to his fathers building. in which there
was a store on the night of April 1.
The goods were valued at about s., 900.
and it is the theory of the prosecution
that he endeavored to burn the store
to get the insurance
Seventeen men were examined before,
a jury was chosen.
w. R. Foster had formed an opinion
of the case. which he thought could be
removed with a large amount of evil
dence, so Attorney Varian challenged
him and ne was dismissed.
Stephen L. Moyle created some
amusement. He did not read the news
papers thoroughly, but usually glanced
over headlines, from which he formed
his opinion.
You are of that greatly increasing
class who do not read everything in the
newspapers" asked Attorney Varian.
well. 1 don't know about others, but
I haven't time to read the papers, re-
piled he.
The state didn't like Mr. Moyle, so
he was excused.
Charles L. Sherwood was another
who did not pay much attention to tie
papers. He had read the accounts OF
the case. but he didn't believe the
stories as printed. He was very certain
in his belief that a man was to be con-
sidered innocent until proved guilty.
Mr.. Sherwood was permitted to take his
seat in the box.
County Attorney Putnam. who, with
Assistant County Attorney Ray Van
Colt. is conducting the prosecution. did
not like Marshal Helms opinions, so
he was peremptorily challenged Mr.
Helm didn't think much of insurance.
He considered that he was just as safe
with DIS WllHOul II. ne Hdb nCNCl
ried any insurance on his property.
Later in the afternoon the eight seats
were filed with these men: w. W.
Rivers, George H. HarwoOd. Fred
Eberhart. Charles W. Sherwood, B. F.
Earls. Robert B. T. Taylor, John Neff
and Charles NJ. Fisher. jr.
County Attorney Putnam made y
short opening address TO the jury. He
said that he would show by witnesses
that Bate was in the store between
and 10 o'clock on the night of the fire,
and at that time there were copies of a
bill announcing a millinery opening on
the counter. Later on, after the fire,
these were found upon the floor satu-
rated with oil. 1t would also be shown,
he said, that Bate had been seen to go
into the store a second time
The defense postponed its statement
to the jury until after the testimony of
the prosecution was in.
Mr.. Evans. who had drawn the plans
of the buildings. as used in the court
room. testified to their accuracy. Mr..
Urmston testified 10 the insurance and
the condition of the building when in
vestigated, but before he had finished
court adjourned.