Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-07
Motion to Transfer to Federal Court
Overued by Judge NOrreII.
DEFENSE FILES AFFIDAVIT,
In support OF Motion for a Change
ofSenue- Claim People Here
are Prejudiced.

The efforts Of the attorneys Of John
y. Smith, the alleged dynamiter, to get
the case transferred from the district
court 10 the federal court for trial. have
failed. and shortly before noon today
the work Of impaneing jury was pro-
ceeded with.
II was not until late hour this az
ternoon that the requisite number Of
tallsmen, satisfactory TO both sides,
was secured. When the News" report
closed County Attorney Putnam was
making the opening statement
Upon the RECOMMENDING of court this
morning Judge Norrell overruled the
motion argued by Attorney D. 5. Tru-
man yesterday, for a removal OF the
case to the federal court. His honor
took the position that the right was
vested In him TO determine the suili-
cheney OF the petition for removal, both
as TO the facts therein contained, and
whether therefrom. a removal should be
granted. The court decided that the
motion should be denied, as the ques-
ton relative to the trial OF a defend
ant by jury of eight had already been
determined by the State Supreme Court
against the contention Of defendants
counsel and because In his opinion the
Ground that female citizens OF this
State should not be called as Jurors
was constitutional.
Attorney Truman then asked {or
continuance until he could obtain n
writ OF certiorari from Judge Marshall
of the federal court. Counsel said he
desired to test the questions raised by
yesterdays motions, but the court
denied the request and compelled coun-
sci TO proceed.
Determined not 10 be outdone Attor-
ney Truman then presented Smiths af-
fldavit In support OF motion for q
change OF venue. The document set
forth that Smith was unable 10 obtain
an impartial trial In this county on
account Of the existing bias and pre-
JUDGE created almost entirely by the
"glaring' newspaper accounts Of the
affair, and the extensive Influence" OF
Iupdge Powers and Warden Dow. IL
was also averred that these two alleged
victims Of Smith would use both "in-
nuence" and means" 10 obtain a con-
victlon of the defendant, regardless Of
the merits OF the case.
Attached 10 the affidavit were clip
pings from the News" Tribune and
Herald. giving accounts Of the affair
from It's lncipiency to the present time.
Judge Norrell denied the application
for a change Of venue, holding that the
affidavit OF Smith was not sufficient
OF Itself, and Furthermore was not what
the statutes contemplated In motions
for change of venue. Mr. Truman
took an exception TO the rulings u the
caurt. Judge Norrell enqulred II coun-
sci was ready 10 proceed. Attorney
Truman created laugh by stating the
defense was mot near ready" He af-
forwards explained that the reasons
were those already advanced. Clerk
Little then called out the names Of
eight persons. and eight men immedi-
ately took their seats IN the jury box.
An hour later the eight got excused.
for the reason they had read the daily
papers and had formed opinions preju-
dicial 10 the defendants side OF the
case. One Juror said he would be will
ing to undergo o trial for any oifeDse
by jury OF men who had formed the
same opinion OF him as he had OF
Smith. Attorney Truman smiled and
later the juror got excused on a per-
emptory challenge exercised by the de-
Tense.
THE JURORS SWORN.
After the exercise OF a number OF
challenges on both sides the following
named persons were accepted and sworn
60 try the case Alex Cohn. h. Sidd0-
way, James Stacy John 3. Reid, r.
Chamberlain. II. s. Cutler, John H.
Hainlin and Albert w, Stevenson.
Clerk Little then read the Information
20 the Jury, which charges the defend
ant with having attempted 10 take the
life OF Orlando W. Powers, 10y means
OF explosives. County Attorney Putnam
had begun his opening address to the