The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-01-11

ceptable Juror. Though he had read
of the case he had no settled opinion
about the defendants guilt OF his in
nocence. He didn't oppose capital
punishment. insanity pleas CT other
kind Of a defense
Fred NJ. Atkins had read the case in
The Herald He is a clerk in the
presiding bishops Office. When he said
This, Captain Mills turned around and
eyed him equarely. Mr.. Atkins had
no strong prejudfces, but he was eX-
cused later on. That finished the eX-
animation for the time and the court
called Tor perempt0ry challenges.
Judge Powers was not present and
there was some delay, so Judge Nor
rel became impatient.
eve are losing time; we have been
here three days choosing this jury,
said the judge.
Powers and Mills Consult
Judge Powers came in and held a
close consultation with hills, then he
talked to Attorney StTaup, who had
come in At the conclusion of this con-
ference the defense excused Mr.. At
lcins. Possibly the fact that Mills had
50 closely scrutiniZed him had some
significance. The state passed and
Mackay and Jenkins were sworn, which
made ten jurors.
thirty-eight years in Salt Lake, who
described himself a g a general laborer,
was born IN England. He has ten
children. He answered many ques-
tiOns satisfactorily, and then Judge
Powers asked him this question, there
by showing that he was anxious to
have old pioneers on the jury:
There was a. law passed forty-five
years ago, seven years before you came
here, saying that a husband might in
the heat Of passion kill the defiier Of
his wife. Are you in favor Of that
law?
"Yes, sir" said Mr.. Cation. very
promptly.
Hyrum J. Smith, who was examined
by Attorney Straup had a decided
opinion, so the judge excused him.
c. II. Banks, a coffin and casket
maker who was employed by Joseph
T.. Taylor, shocked the court and
startled the counsel for the defense.
'Have you read about this case?"
asked Attorney Straup.
yes. sir"
Have you an opinion about to"
Yes, I formed an opinion; 1 thought
he was guilty" said the juror.
The court and attorneys invOluntar-
lily Jumped. Captain Mills WINGED per-
ceptbly. Mrs O'Melveney awolze from
you mustn't" exclaimed Judge Nor
rel.
He was excused very quickly. The
fact that Mr.. Banks makes collins and
favOrs hanging may be a coincidence
Are there any more present who
have been subpoenaed?" called out
Clerk Little in rich baritone.
No one in the court room answered.
He started in to read the names and
Wrnurf q
there arose from the back part of the
court room an immense and massive
form. P6ndeTOusly he came forward
Mr.. Bishop must weight 300 pounds He
fs a gardener, big in every direction
fore and aft and port and starboard.
Assistant County Attorney Van Colt
asked him the preliminary formal
questions.
do you read and write English %
asked Mr.. Van Colt, meekly, for Bishop
was a powerful looking man.
The prospective juror hesitated mo-
ment.
An Eperican Citizen.
Him an american citizen. sir" he
finally said, in a thick voice; I've been
here twenty years.
rs there anything Of a physical ma
ture to excuse you from jury duty2"
7 don't understand"
man who looked strong enough to
lift horse couldn't very well under
stand such a question.
Are you Il years old2" asked the
attorney.
The juror thought he was being
~jOshed." He looked Indignant and
then his face was covered with a sheer.
He gazed straight at the attorney as
II To learn the joke and the attorney
looked silly. Even Mrs O'Melveney.
who has kept her solemn vigil in the
court for three days smiled The sit
uatiOn was SO humorous she couldn't
help it,
III i'm an American citizen, sir, I
said" replied the witness. evidently
intending to stand on his dignity
against such frivolous questions.
AIr. Straup took him ia hand. Judge
Powers evidently having passed Bishop
to his associate as a joke
Have you heard of this Case2" be
gan the attorney for the defense
Never heard of it," said Bishop.
why, Hi don't know the man; Hi
never saw him in my life"
DO You read the papers?"
Hi take a weekly paper. but Hi
don't pay no attention to it,"
Have you children 2'
Had twelve. but we got the girls all
married or except seven. We buried
them up in the cemetery"
We'll, you have children living?"
Yes, ri said so; but we got the girls
married off.
"Do you feel that this man is inno-
cent
"Hof course" said Mr.. Bishop. "Hi
don't know the man. Hi DONE know
no different"
Suppose the court charged you that
killing in the heat of passion was JUS
tifable' began Mr.. Straup.
NO, sir exclaimed the witness with
some warmth.
That was enough; he was excused.
MT Bishop" asked the court. as he
started to go, have you been drink
ing?"
"siri" said Bishop.
= may be doing you an injury, but
have you been drinling?"
Hi" said Bishop. mo. sir"
All right" answered Judge NorreI.
But you must never come into court
when drinking" And he departed
Took Deposition.
At the noon recess the deposition Of
Major NJ. w. Wood, lately surgeon in
charge Of the army hospitals at Homo
lulu, ana at the time Of Captain Mills
typhoid fever sickness. wax taken at
the Kenyon hotel. The major is pass
ing through to Jefferson Barracks, Mo.
me deposition which was taken by
StenOgrapher Pike IN the presence Of
counsel on both sides. goes into Mills
sickness, describes its severity. and
VIII be used to back UP whatever plea
Of insanity or mental responsibility
the defense may use.
AT the adjournment Of court General
Traffic Manager S. w. ECcles of the
Short Line ana State Engines. d. w.
Ross Of Idaho, successor to Mills i'm
his position. came forward and shook
hands with the prisoner very heartily.
Mr.. Eceles showed plainly that he was
still Mills friend. and Mr. Ross talked