Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-07
Motion to Transfer to Federal Court
0verruled by Judge Norrell.
DEFENSE FILES AFFIDAVIT,
In support OF n Motion for n Change
OF Claim People Here
are prcjudiccd.

The efforts OF the attorneys OF John
Y. Smith. the alleged dynamitcr, 10 get
the case transferred from the district
court TO the federal court for trial. have
failed. and shortly before noon today
the work Of impanellng jury was pro-
cccdcd with.
II was not until late hour this af-
tcfnoon that the requisite number Of
taiismcn. 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 Norrcll ovcrfulcd the
motion argued by Attorney u. =. Tru-
man yesterday, for a removal Of tile
case TO the federal court. His honor
took the poaition that the right was
vested In him to determine the Hufil-
cheney OF the petition for removal, both
oH 20 the facts therein contained, and
whether thercfrom. a removal should be
granted. The court decided that the
motion should be denied. "a the quca.
tion relative TO the trial Of n dcfcnd-
mt by jury OF eight Ind already been
determined by the state Supreme Court
against the contention Of dcfendante
counsel ana because Ia his opinion the
fround that female citizens Of this
State should not be called as jurors,
WIS constitutional.
Attorney Truman then asked for n
continuance until he could obtain n
writ OF ccrtiorari from Judge Marahan
OF the federal court. Counsel said he
desired to test the questions raised by
yesterdays motions. but the court
denied the request ana compelled coun-
fcl to proceed.
Determined not 10 be outdonc Attor-
my Truman then presented Smiths af-
ndavit In support o. motion for a
forth that Smith was unable TO obtain
nm impartial trial In this county on
account OF the existing bias and pre-
tudicc created almost entirely by the
''riaring' newspaper accounts OF the
Rffnir. and tn" extensive influence" Of
JupdRe Powers and Warden Dow. II
was also nvcrrcd that these two alleged
victims OF Smith would use both i'm
1uencc" and "mcana" TO obtain n con-
viction OF the defendant. regardless Of
the merits OF the ease.
Attached to tile afiidnvit were clip
pings from the News" Tribune and
Herald. giving accounts Of the nffair
from Its lncipiency TO the present time,
Judge Norrcll denied tho application
for n change u venue. holding that the
. affidavit OF Smith was not sufficient
Of itself. and Furthermore was not VIVA,
the statutes contemplated IN motions
for n change Of venue Mr.. Truman
took an exception TO the rulings Of the
caurt. Judge NOrrcll cnuuifcd " Coun-
sci was ready TO proceed. Attorney
Truman created laugh by stating tho
defense was mot near ready" He ar
forwards explained that the reasons
were those already advanced. Clerk
Little then called out the names Of
eight persons, ana eight men immcdi'
ntcly took their seats in the Jury box
An hour later the eight got excused
for the reason they hnd read the daily
papers and had formed opinions preiu-
dlcial to the defendants side Of the
case. One juror Snld he would be will
inR to undergo o trial for any oifense
by Jury Of men who had formed ths
same opinion 81 him rs he had OF
Smith. Attorney Truman smiled and
later the Juror got excused on per-
cmptory challenge exercised by the de-
Tense.
THE JURORS SWORN.
After the exercise of number o
challenges on both sides the followinl
named persons were accepted and swotl
60 try the case; Alex cohn. u. slddo
way, James Stacy, John u. Reid, Il
Chamberlain. II. 5. Cutler. John II
HRinlin and Albert W. Stevenson,
Clerk Little then rad the Information
60 the Jury, which charges the defend
ant with having attempted 10 take tn
life of Orlando W. pOw.ra, by mean
of explosives. County Attorney Putnnn
had begun hts opening addrcss 10 tn
jury when the "Ncws" report closed.