Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-11
DrsEREr EVENING NEWS. TUESDAY. APRIL II. 1900.

alons today and after many months
Of vcxntioua delay the trial % the two
defendants was begun. There was an
entire absence OF any crowd either out
side or In the court room.
special cards of admission permit
ting only those directly intcrrestcd In
the case. witnesses. Jurors and news
paper men had been issued by the dis.
trlct attorney and counsel for the de-
Tense. Even members Of the bar who
were not In the case were withheld
admission. As n result " these ar
rangcment the court room was but
little more than half filed and the
greater portion OF those present were
Witnesses
Judge BIddle. one Of the oldest and
most respected members on the bench.
was the trial judge. District Attorney
Rothermel after two hours had been
spent In selecting jury, elected TO try
ex-senator quay first on that one OF
the 1--WE indictments lin which he and
hts son are variously nnmodD. which
charges Mr.. quay and the late ex-Statc
Treasurer benjamin J, Harwood with
conspiracy In using the state funds
for their personal benefit ana profit.
and In a manner unauthorized by law.
This action practically leaves the ca
senator alone on trial.
Beyond the selection of a Jury and
the examination Of one witness, Thorn
rs n. Barlow. receiver ~ the Peoples
bank, nothing was done today, The
jury was secured after thlrty-nve tales
men had been examined. fourteen Of
whom were stood aside by the district
attorney. one excused and one chal-
lenged for cause. Tho latter was Tai
colt Williams. one OF the editors OF
the press Of the city. which waa OPP
posed politically TO QUAY. Mr. Shields
for the defense cross-cNnmincd Mr.
Williams. who admitted that he had
written editorials severely dcnpunring
the defendant and had participated In
editorial councils at which the anti.
quay policy Of the paper was outlined
and discussed. The questioning led To
q discussion o. the responsibility ~ an
editor for the opinions expressed by a
newspaper employing him. and the Pc
liticnl policy OF the paper which he had
no voice In.
Judge Hlddic cited recent decision
by the superior court In the pittsburE
Leader case, which he thought changed
the law ON the subject " an editorial
writer's responsibility.
Mr.. shields finally determined 10
challenge Mr.. Williams TOR cause" and
the Judge Sustained the challenge.
The defense then exhausted its privi.
lcge of four pcrcmptory challenges and
the commonwealth took advantage OF
but three Of the challenges
The only witness examined today.
Mr.. Barlow. led to the frrt clash he
tween counsel and APPARENTLY Indicated
that n determined legal battle. rcplctc
with knotty points ~ law, will be
fought In the trial of the case. The
district attorney called Mr.. Harlow 10
Identify books ana papers found by
him whom he resumed the rccclvcrahip.
Mr.. Shaplcigh of counsel FOR the de-
Tense undertook TO crosH.rxamlno the
witness with respect a. his knowledge
~ whether certain books, which the
defense. II Il Understood. claims arr
missing. are Included IN those testified
10 by the witness. This was objected
Ia ana after repeated consultations
among the counsel for the defense and
several other efforts 20 obtain an an.
awcr Ia the question In another form
II was abandoned and Mr. shaplclgh
said he would begin his cross -cxnml-
nation In the morning.