The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-01-10

nice, neat white tie, which gave him a
ministerial look. said that he had no
opposition TO the statute which pro-
vided that a man might in the heat Of
passion kill the defiler Of his wife.
Gould you convict this defendant if
you had a, reasonable and conscientious
doubt as to whether or not he was
mentally resposible?"
NO" said the prospective juror.
Would any appeal to you to convict
the defendant because of the prevail
ence Of crime and the frequency Of
shooting affairs in the west have
weight" was asked.
No" said Mr.. POLAND.
This. with questions Of the same
tenor, unquestionabiy bore upon the
Benbro0k case. There are people who
would convict some one just 70 make
an example. The counsel for the de-
Tense, to be sure that he viii not run
against such a character on the jury. is
quite insistent in settling this point be-
fore he viii accept juror.
In the examination of John z. Busby
who is a real estate man and in re-
ligion Unitarian, the question Of men
tai irresDonSibility as a defense was
gone into at some length.
William M. Rash, who is the man
ageT of the Hanson Produce company,
was more intelligent than most Of the
talesmen. He had read all the news
papers after the shooting and he had
quite a fixed opinion. He was there
fore excused Alex S. Campbell was a
stock broker; once he was a book
keeper.
When did you leave the legitimate
business Of bookkeeping to become a
stock brOker?" asked Judge Powers.
about six months ago. said the ju-
ror. and he, with the remainder of the
court room, smiled.
Mr.. Campbell lives in the same ward
with Judge Powers. He was excused
by Mr.. Putnam.
Albert NJ. Resell was married, had
three children. had lived seven years in
Salt Lake, was a church member and
belonged to a secret organization. He
didn't have many Drejudices.
When Mr.. Putnam'S turn came he
brought out the fact that Eli A. Fol-
land was opposed to capital punish
ment, and he wanted the juror excused.
He said that proof Of guilt in a murder
case must be conclusive. But on fur
Their examination by attorney for the
def a1se he said that he would follow
the Instructions of the court. and the
challenge was Overruled by Judge Nor
rel.
James Whytock. a very old gentle
man and very we'll known, didn't be-
lieve in capital punishment and he, too,
was challenged by the prosecution. But
Judge Powers wanted him.
If you were sworn as a juror you
would take the law Of the caga from
the court?" he asked.
"Yes."
Now, suppose the court instructed
you TO find the defendant guilty. and
hc he
convict?"
7 would if the punishment was i'm
prisOnment''
He was excused.
At the conclusion Of the examination
the prosecution perempt0rily excused
Campbell; the defense excused Rutt
After talk between Captain Mills and
his attorney Busby was examined.
Then the county attorney and Mrs
OMelveney had a talk, whereupon
Resell was excused
Mitchell. POLAND and Harmon were
sworn. At the fourth drawing Clerk
Little brought forth r. S. Sleater. w.
). F'ugate, James Young, William Raw
lirgs, Charles T. Smart and William J.
Frazier.
Frazier, Sieater, Fugate, Young and
Rawlings were examined and none Of
them had any very decided opinions
disqualifying them from sitting as ju-
rors. How many of them will be ac-
cepted IS not known, for the process of
choosing was not finished when
court adjourned.
In the last man Judge Powers caught
a curiosity Mr.. Smart is from Union.
He had read Of the case He was a
church member and was married and
had three children.
Mr.. Smart was quite decided He
had an opinion and he said so with
some vigcr. He had some peculiar
idt rs Of evidence. Finally the defend
ants attorney asked;
If there was a little more evidence
to show the defendant guilty than to
prove his innocence. would you convict
him2"
Yes
What, then. becomes of the theory
Of reasonable doubt a doctrine laid
down by all English speaking nations ."
We'll. If there is a little more evil
dence there wouldn't be any doubt, -
he. replied
Mr. Smart's idea was that a little
more evi6ence proved the defendant
guilty, and he being guilty there was
no room for G0ubt, reasonable or other
wise.
When court opens this morning argu-
ment as to the challenge Of Smart by
the defense VIII proceed. Then the
peremptory challenges of the seven
men on the last drawing viii follow
Il is possible that a jury VIII be Sc
lected today and the trial begin tomOr-
row morning