The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-01-09

4 WOulQ Try.
''Are you doubtful about it?"
YES"
And the court ordered him 10 stand
aside. Whether Professor Daynesa be
lieves Mills murderer or not is un-
known but he evidently believed some
thing. having read about the case.
Nathan P. Gray was a bartender. 81
years Of age, fifty Of which had been
spent in Salt Lake. He has been in
the liquor business twenty-three years.
What was the nationality Of your
parents?" asked the attorney for
Mills.
Father was from Massachusetts
and nay mother was from Maine"
They come pretty near being Yam
kees?''
yes" replied Gray, they had the,
blue stripes
Have you formed an opinion?'' asked
/ Judge Powers.
Yes, but I could try the case justly
/ if Sufficient evidence was produced 10
/ do away with my opinion, said the
prospective juror
1T would be difficult for you to be
/ impartial?" asked County Attorney
Putnam.
Yes" replied Gray.
stand aside" ordered Judge Norrell.
Sanctity of Marriage.
Thomas J. Donkin is a tanner, Sc
years old, a native of England. who
| came here when he was 10 or 20, and
he is married
Judge Powers wanted TO know II he
believed in the sacrednes8 Of the mar
/ riage relation. Having been married
many years and being the father Of
three children. the question surprised
/ him somewhat.
Yes. I am" he replied.
He had read an account Of the shoot
! ing but he had never discussed it with
anyone, had never formed an opinion
and did not have one now.
Gould you enter upon this case with
/ the presumption that the defendant is
| an innocent MANI asked Mills law
/ yer.
/ Yes" said NJ Donkin.
/ suppose YOU learned that the whole
/ community wanted this man con-
! victed?"
1T would not influence me?
suppose the dead man left a widow
with five little children, would you still
7 be impartial"
YES sE-''
Would you convict him on the
ground that shooting is too common in
this western country"
No"
I'VE have law which in substance
says if a husband in the heat Of pas
/ sion shoots man who deEiles his wife,
he is justified. Are you against this
law?'
No"
Would you permit politics or religion
to Influence your
There were many more questions by
Judge Powers and by County Attorney
Putnam.
The latter asked most jurors these
/ questions:
Would the fact that the defendant
had fought in and done his duty in the
Spanish war make you deal leniently
with him.
DO you believe a man may kill for
a real or fancied wrOng?"
Would you give any weight to the
fact that the counsel for the defense
has a reputation as an able lawyer"
Would you take the courts con-
struction of the statute concerning the
killing of a man in the heat Of passion
because Of the dehIement of his wifeF'
William Asper Questioned.
When Mr.. Donkin had answered these
questions satisfactorily, William -Asper,
who is In the lumber business, as Asper,
Noall & Co and has been for fifteen
! or eighteen years, was called. He has
been in Salt Lake thirty-six years, is
married has nine children, and believes
in the sacredness Of the married rela-
ton. Mr.. AsDer had read an editorial
in The Herald, entitled Searching For
Motives" in the case, and it had in
huenced him.
Did YOU read il The Herald Oct. 5,
the alleged causes Of the tragedy"
Yes; and I said if they were
] true
Hold on" cried two lawyers, and the
court in unison. There had come very
near being an EXPIRE sSiOn Of opinion, and
that was a severe shock to legal eth
les. for courts don't want opinions from
any except lawyers and experts.
Mr.. Asper wanted evidence to remove
his prejuC Ices. Then he said he Thought
he could enter on the case without any
prejudice But as this was an appar-
ent contradiction with former state
ments. Judge Powers challenged him
for cause. The court took a hand, and
/ as his honor began to speak Mrs O'Mei-
veney leaned forward. 1t " as the hrst
time she had shown any decided inter-
est in the proceedings.
"Homicide may be felOniOus, and
, / therefore murder, or it may not be,
said Judge NOrTen. The fact that the
defendant has been charged with
crime does not, in your mind, prove
! him guilty. addressing the juror
NO. sir" replied Mr.. Asper.
Gould you lay aside all facts and
opinions heretofore learned? %
yes. sir"
Judge Norren thought that satisfac-
tory. but upon further questioning by
Judge Powers. Mr.. Asper said that evil
dence would be necessary to remove MS
y opinions. He was excused.
Hadn't Read a Paper.
Edward F. Guest, a farmer, Sc year.
/. of age, who had spent most of his time
working in smelters, was called. He
was married, and had five children He
seemed an acceptable juror, for ht
] hadn't read a paper, and knew nothing
about the case. He said that he could
r not be Influenced by the fact that the
] widow had children.
could you close your eyes AID stee
? your heart to the widow and orphans?
! asked the defendants counsel
Il could" said Mr.. Guest.
) ". C. CTOne, Ed II. Needham. JOhT
= Riches, Lewis A. Angel William H
Haigh and many others were examined
till there remained but FIVE men in The
p box.
Cc-nty Attorney Putnam refused L
exercise his right of perempJOry chal
lenge. He was satisfied with the five.
when it eaTae the turn of the defense
II excused Angel. John Hagman anC
Guest That left Thomas J. DOnkin ant
William H. Haigh, both of whom ar
Of English birth and they were sworn
More men, Alfred Cl0ugh, Charles N
Freed. J. T. Raleigh, S. II. Conley. H
I s. Spencer Byron II. Blackman, HarT.
Finch. Herbert j. Stunning and Henry
P. Richards were called
+ Clough was examined by Judge Pow
ers, and he was not challenged TO