Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-06-01
JURY IS SECURED
IN GRAHAM CASE.
Taking Of Testimony was Proceed
ed With This Afternoon,
Court Oycrrules objection, but was
IA Doubt on the Law Religious
Complexion Of Jurors

Robert Dye,
John NJ. Redmond,
Amos Gotham,
Joseph y. = 'munds,
NJ. 4. Phillips,
L.. u. Harr,
John ID. owen,
Henry Trough.
The above NAMED persons constitute
the jury in the Graham unlawful coz
habltaton case now on tral before
Judge Norreu in the criminal court
Six Of the number We're secured yes-
terday and the remaining two this
forenoon. Six are "Mormons' and Two
are nom "Momons" The taking of
testimony was just proceeding this
morning. when Senator Brown, as the
result of question asked Mrs. Mary
A. Graham by MI Putnam, interposed
an objection To the information which
he claimed was faulty Tor the reason
that a alleged the ohtuse TO have uten
committed In salt Lake county, but
the prosecution was trying 90 prove
that part was committed iu this county
and part iu Utah county I'M order To
DO this counsel for defendant contend
ed that the Information would nave 10
allege what county the state expected
10 prove the 0fense WAS committed 10.
After lengthy argument the court
oyerruled the objection.
BELONGS TO No CHURCH.
After the News" report closed yes
terday one more juror was secured,
making the number six. 20 The person OF
L. r. Harra tObacconist ana cigar man
ufacturer. whose place Vt business Is
near the cullen hotel ON west Second
south street Mr. Ham a not meme
her OF any church. bur spd De- would
treat an unlawful c0habitaton cas-.
the same as any other infection OF me
law. Other jurors were examined. but
Mr. Harr was the only one that proved
acceptable. when court adjourned until
today This morning John j. owen
and Henry Brough were called into the
box
NOT BROTHER-No RELATION.
Juror owen said he was employed
as clerk IN u. e. NJ. /.
Are you acquainted with Charles
Mostyn OWen| erlilred Senator
Brown
No relation. sif replied tie juror
amid considerable laughter
Are you acquainted with him.
40. Sin. never saw the gentleman
that ] know Of"
"He is the complaining witness for
the state. / suppose you have heard
Of him"
yes. sir. believe have"
But you don't know him.
mo. sir. ] don't think ! should know
the gentleman were ] 90 meet him.
Continuing Mr. owen said he had read
OF the case foo the papers but DO made
no impression on his mind. Had never
heard the case discussed and know
nothing of lbs merits or dement's Had
mo- opinion one way or the other Was
"a member OF the Church Of Jesus Christ
OF Latter-day Saints.
Had you prior TO 1890 belief in the
doctrine of plural marrlage as re-
liglous belicf?' asked Mr.. Putnam.
Yes sir answered Mr.. owen.
Have you 10 now?'
yes, sir
DO You believe IL right for man to
cohabit with more than one woman
when the same is prohibited by law
No: not under the present laws
DO vOu now believe in the doctrine
of plural marriage as religious be-
lief?'
AS far as ! understand the Bible
believe it 90 bee right. but as FAR as the
law h concerned ] think Il is wrong"
I'm case Of a conflict which would you
follow. the law OF the land or the law Of
your church,
"The law Of the land.
Would YOU hesitate TO return o yer-
dict OF guilty IL the evidence warranted
t?"
"No sir. I would not"
Whose instructions would you foi-
low. the instructions OF the court or
your own Impressions
"The instructions Of the court
'Iiaye you any prejudice against
this class OF cases!'
no SIR
would your belief or prejudice pre-
vent you doing your duty and render
ing a verdict IN accordance with the
law and the evidence In this case, az a
juror. the same as you would do IN
any other kind Of caseT
mo sir
"Iave YOU any political opinion or
feeling that would prevent or interfere
with your finding a verdict OF guilty II
the eyirence warranted III"
"No SIR
Would you hesitate or be reluctant
10 find a verdict Of guilty In this case
through apprehension OF criticism, CEN
sure. social ostraclsm or loss IN bust
ness from your friends, acquaintance
or religious associatesT'
81 VIII do what ! believe 10 be my
duty. regardless OF the consequences.
You feel that you can be- as fair In
this case as in any other. do your
According 90 the evidence: yes sir"
Would IL require a greater amount
OF evidence for you 10 return a verdict
Of guilty2'
"I think not
you say you think not Have you
any douht?'
u have not"
HAD NOT STUDIED QUESTION.
Mr.. Brough said he was a teacher Of
applied mechanics az the University
At one time had been a member Of the
Mormon" Church. lie did not know
very much about plural marriage for
the reason that he had not studied the
question sufficiently II he was chosen
a Juror be would he governed by the
law and the evidence He would take
the law from the court. II the court
should instruct the jury that under
the law % WIS not necessary 90 prove
sexual intercourse he would BE- goy-
erned accordingly
Have YOU ever been charged with, !
prosecuted FOR. or convicted OF unlaw-
ful cohabltatiou bigamy or polygamy?"
enquIred Mr. Putnam.
no sir I never have" replied the
witness.
THE PANEL COMPLETE.
Messrs. owen and Broagh proved &C.