Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-02-27

on the side OF the defense who did not
appear 10 be more OF less anxious.
COURT REcoNYENEs.
When court reconvened at 1915, Judge
Hnes said: During the recess 1t has
been brought TO my attention that
counsel for the defense has asked per-
mission to exercise some further chal-
ienses."
This at once developed the fact that
the conference between the attorneys
on either side had been for the purpose
OF reaching an agreement With regard
10 excusing McPhersons and there was
craning Of necks as Judge Powers
arose and said. MAY Il please the
court. we desire 10 withdraw our ac-
ceptance OF Mr.. MCPHERSON.
The court--I think n here Is no OBJ
lection 10 this, such al,icn woGld not
constitute any irregularity.
Mr.. Putnam--We make no objection,
your honor.
MCPHERSON EXCUSED.
Judge Powers-we interpose a chal-
lenge to Mr.. Mcpherson.
The court-You are excused, Mr.. Nc
Pherson.
THE REAL SENSATION.
But the matter was not to end there.
When Judge Powers arose next there
was fire In his eye and note OF defiance
In his voice.
There are several matters that have
been called to the attention OF the
court" he began, that leads our minds
to the inference that Juror McCarTick
could not try the defendant fairly and
impartially. We draw your honor's at
tentIon to these facts,
Senator BrownrDoes counsel on the
other side desire to ask him some ques-
tions? We do not object.
MR.. McCARRICK'S PREJUDICE.
Judge Powers-Mr McCarrick. since
you were sworn as a juror, mas anything
arisen that might prevent you now from
giving the defendant now on trial for
his lie. a fair and impartial trlall
Juror McCarrlck-The cause has been
removed. think can now try the case
fairly.
Judge Powers with much WARMTH
DO you mean to say, sir that the chal-
lenge Of Juror would affect your mind
In case OF life or death?
Juror McCarrick-lt was prejudice,
and II has been removed.
Judge Powers-Can you try him fair
ly now?
Juror McCarrick-Yes, I think can.
Judge POwers-I don't want any
thinks" about IT, ! want to know.
Juror McCarrlck-I can.
Judge pOwers-Are you sure OF Il?
Juror McCarrick--I am.
At this juncture Judge Zane angered
at the incident, Joined Judge Powers.
and conferred with him a moment when
Judge Powers said
your honor, we interpose challenge
to this Juror on the ground Of actual
bias"
A PEREMPToRY CHALLENGE.
Judge Zane here again spoke TO Judge
Powers. who resumed.
1--WE withdraw the challenge on that
ground and challenge this juror per-
emptorily.
Senator Brown-We don't object 10 It,
under the circumstances.
The Court-You are excused, Mr.. Nc
Carrick. from further attendance In
the court II will now be necessary to
issue new yenire
Senator Brown-I suppose that one
juror. Mr.. Rood, win have to be ex-
amincd.
This was accepted and II was decid-
ed to bring on the others Of. the former
venlre,
Edward NJ. lie Prohon. Elmer Hin, C.
l.. Rood.
A NEW VENIRE.
The new venlre was then drawn, made
returnable al 2 p. m. The names drawn
We're: James Kemp Lawrence c. Mar.
niger, Frank w Folett. John F.Acomb.
James W. Campbell, Thomas ~ Giles
pie Richard J. Rogers. John Hardness.
and Orson Howard.
The court then took a recess until
p. m.
The result Of this mornings proceed
lngs Is TO throw the case back to where
Il was several days ago, and 10 com
pleiely upset all the plans that have
been made II was considered. prior 10
this incident. that a verdict would be
reached by week from next Saturday
but now II will depend entirely upon
how long It takes in securing two more
jurors.