Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-02-26

Judge Powers exercised his eleventh
peremptory and excused Mr. IRE.
In examining Herbert a. White a
salesman at Auerbach q Bros, who
had formed a pretty strong opinion, Mr..
Putnam asked Could you put that
opinion asidef OF course the defense Ia
entitled to fair and impartial jury and
the state wants nothing else"
We object 20 that on the ground that
the question includes an argument for
the defense" said Judge Powers The
court ruled that the question Itself was
proper although Il included something
argumentatiVe IN H. Counsel should re-
frain from anything Of that nature.
Mr White finally announced that his
opinion would require considerable evil
dence to remove and was excused.
Paul c. Howell, the colored man who
formerly served on the city police force.
had heard Of the case and read OF IL,
but had not formed any fixed opinion
with regard TO II that would affect his
judgment, although he had some opln-
ion He could put aside the opinion
and II would have no effect at all on
his mind as a Juror. He had scruples
against the death penalty. and would
not find a verdict Of guilty where the
punishment was death.
To Judge Powers, the juror said that
Notwithstanding his scruples. ne would
follow the law and evidence and return
verdict OF guilty II convinced beyond
reasonable doubt
Where was Benbrooks gambling
house In 1922"
We object TO that question as as
serung something not proven, and
throwing an insinuation into the case
In advance that counsel ought to be
ashamed Of"
THE insinuauon," said Senator
Brown, is one advanced by the de-
fense. You have announced all along
that the defendant Is a gambler"
The question, however, was with
drawn.
When did you learn the Benbrooks
owned the sheep Ranoh?"
~ didn't know they owned II. I al
ways thought a man named Stowell
owned IT,"
Didn't you ever hear OF the Ben
brooks? %
NO can't say that ever did be-
fore this affair They never were in
any trouble while was a police Of
flcer"
Senator Brown objected TO the Juror
on the ground that his name appeared
on the original jury list as Howells,
with an s This was dlsallowed.
THE STATES THIRTEENTH PER-
EMPTORY.
The State thereupon exercised its
thirteenth peremptory challenge and
excused Mr. Howell.
VIM c. Boyd, a fireman on the Ore
gon Short Line. and residing ut $40
West, Second South had not formed
any opinion as 10 the merits Of the
case and believed he could give the
defendant a fair and impartial trial
Ed. Milford. a laborer unmarried,
and residing az 2SS III Street. did not
know any Of the parties 10 the case
and had no opinion as TO the guilt or
Innocence OF the accused He was OPP
posed 20 gambling IN any form what
ever, but would not let that prejudice
him against the defendant so that be
could not give him a fair and impartial
trial
Mr.. Putnam brought out the fact that
Mr., Boyd was q client OF Judge Powers,
but was not permitted to ask why the
juror did not claim his exemption, az
permitted railway fireman.
ITS FOURTEENTH CHALLENGE.
Messrs. Milton and Boyd were finally
passed for cause. and the defense ac-
cepted both Mr. Putnam, FOR the
state, challenged Mr Boyd, and he was
excused
Mr.. Milton was sworn 10 try the case,
leaving but one more Juror to be OBJ
tanned.
HIS OPINION SETTLED.
Henry A. Baker. Of leo Grape street.
was examined by Mr.. Rogers In the ar.
ternoon. and stated that he had fixed
and settled opinion as TO defendants
guilt or innocence. and was excused,
ADJOURNED UNTIL THIS EVENING
This exhausted the Jurors on the We
nlre and Judge Powers called attention
10 the fact that W. ]. Strlckley OF
bingham. who had been served, would
he here this evening. He did not care
70 go ahead with a new venlre until
he had had q chance 10 examine Mr..
Strlchey.
senator Brown concurred IN the right
OF the defense 20 this rule, and Judge
Hlles announced that a recess would be
taken until 1880, when the jurors In
the second venire would be examined as
10 their statutory qualifications.