The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-08

down ere it can hope TO clear the de-
Iendant.
II was close upon 3 -oclock yesterday
afternoon before the trial of Smith
was under way. The major portion of
two days was consumed by the attor-
neys for the defense in submitting and
arguing motions for removal to the
circuit court, continuance, change of
venue, twelve jurors. the introduction
of female jurors and kindred motions.
When the last motion had been over
ruled and denied by Judge Norrell yes
terday and exceptions taken by .Attor-
ney Truman, the court inquired whether
the defense was ready 10 proceed.
Thereupon Mr.. Truman caused a rip
pie of merriment by stating that the de-
Tense was mot near ready. He eN
planned the answer by stating the tar
diness was on account of the reasons
already submitted to the court.
Defendants Last Resource.
Prior to the impaneling Of jury the
defendant. as i last resource. present
ed an affidavit in support of a motion
for change of venue. The statement set
forth that Smith was unable to obtain
an impartial trial in this county ION
account of the existing bias and preiu-
dice created almost entirely by the
glaring newspaper accounts OF the af-
feir and TO the extensive influence of
Judge Powers and Warden Dow
Attached to this affidavit was every
article which had appeared in the
three daily papers of Salt Lake bearing
upon the arrest and subsequent pre-
limindry hearing of the accused man.
Judge NorreIl denied the application
for a change of venue. Ee held that
the affidavit of Smith was not sufficient
in itself. and further. was not what the
statutes contemplated in motions of the
above character.
The last obstacle in the way of the
hearing Of the case being surmounted
the court ordered the impaneling OF the
jury To proceed. After several chal-
lenges had been issued by both sides
rhe following jurors We're selected and
sworn in: Alex Cohn, r. Siddoway.
John b. Reed. james Stacey. r. Cham
berlin, John II. Hamlin, Heber 5. Cut
Ter ard Albert w Stevenson.
Clerk Little read the Information
charging John Y. Smith with having
atte..iI-ted TO take the life of o. w.
Powers by means Of explosives.
County Attorney Putnam commenced
his opening statement of the case at
2:i5, He went into Smiths past history.
despite the objections OF the defense.
and told the jury all that has come to
light about the alleged dynamiter's ca
rear.
When Mr.. Putnam finished the usual
request governing the exclusion of wit
nesses was granted by the court. and
Judge Powers. the first witness for the
state. was called.
Judge Powers Testifes.
Judge Powsrs proved to be a model
witness. and apparently anticipated the
questions of counsel. SO much so that
Attorney Truman had occasion to call
a halt in several Instances, apologizing
for the same with the remark You
know you have been in the same place
as l." to which appeal he received the
prompt reply: Yes, and l have SYM
patty for you.
In answer 10 the queries of the state
witness stated that in. 1885 he was act
ing in the capacity Of Judge of the
First district at Ogden, when Smith
was brought up before him in the latter !
part of February of that year. Judge |
Powers could not fix the date but TO !
the best of his recollection ii was sub !
sequent 10 the cath.
AT this stage of the proceedings a I
lively tilt occurred between the attor- !
neys of both sides regarding the an
swering of the question as TO the ma
ture of the crime Smith was charged /
with on that occasion. As Judge Nor
rell deemed ii unnecessary to designate |
il. Judge Powers went on to state that
Judge Rolapp. who Mas then counsel /
for Smith, Mr.. Belnap, DIR. Pike and /
others were present in the court room
when he imposed a sentence of nine I
years upon Smith. AS Soon as Smith
heard the sentence. said Judge Powers
The advanced towards me. exclaiming.
I viii kill YOU Then 1 ordered Sher-