The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-01-11
Of MILLS
WILL BE- BEGUN TODAY
County Surveyor Wilkes Is to be First Witness for
the State.
Eleven Jurors Have Now Been Secured and the Last One
is Expected to be Sworn This Morning

! States Of English parentage. and every
one Of them, including Frazier and eX-
ceDting jenkins, Is married. Some OF
them have, or had as high as ten chill
dren... Not one had less than two. Some
OF them, in fact most of them, for most
of them are old men. have daughters
poisoning from their teens into the
bloom of wOmanhOOd.
Everything Is Considered.
The counsel for the defense have
taken these things into consideration.
They have on the jury men who have
reason to believe in the preservation OF
virtue, men who have daughters to care
for, others who have young wives 10
protect.
Again. these jurors are pioneers. or
the sons of pioneers. Frazier alone 10
a newcomer, but new only in eOmparl-
son. for he has been here many years
They came here or were born here be
fore steel rails connected salt LaSs
with the outside world, when old no.
TORS were dominant. when the spirit
which led the pioneers on their great
pilgrimage across the plains was SUI
preme.
These men grew 10 in a community
which believed in the purity Of women
with more fervOr, which was ready TO
revenge assault upon it with more en-
ergy than any in the country, except
among the people of the south. Those
old pioneers were rigid, If uncouth, and
honest, and they had a mighty hatred
of untamed LOthariOs.
Judge Powers viii attempt 10 show
that O'AIelveney was intimate with the
defendant wife and that she con-
feSsed. He discovered it. Enraged, in
the heat of passion" which the statute
calls for, he killed O'Melveney. Fur
Their these old jurors who have young
daughters to protect, the young ones
who cherish young wives, VIII have
natural antipaIhy for hanging man
who revenged such a crime as it Is said
O'NIeIveney- committed. Further, these
jurors reared in the spirit of the plO-
neers have a natural hatred of the
adulterer. Whether or not this line of
reasoning Of the defense viii be up
held by the result is another matter
OF course, in addition there is likely
to be an attempt to show that Cap
tain Mills was somewhat unbalanced
when he shot O'Melveney.
Theory Of Prosecution
But the prosecution, after showing
its prinaa facie evidence of murder,
will deny that Captain Mills killed
] o Aelveney lin the heat of passion
1t viii claim first that even If his wife
QlQ make Il GOlLtSSADAA dL ~ MA n
hospital enough time elapsed before
the shooting for Mills to cool off; that
he showed no indication Of passion or
rage when he went to the Short Line
offices. Consequently he killed OMel-
veney in cold blood, Wilfully and de-
Iiberately. Second, it viii attack Mrs.
Mills character, endeaVoring TO snow
that she had relations with other men,
that she is unreliable, and that Mills
e-rrcr,aafad those things
That, therefore, he had no right TO
assume she was telling the truth, and
no reason TO become enraged if he be
lIieved she was
The prosecution viii, of course, scout
and scorn the theory or the pfetense,
whatever it may be, Of insanity
When court convened yesterday
morning at 10 o'clock County Attorney
Putnam examined Walter j. Frazier.
the mailing clerk at the pOstoffice; r.
6. SIeater. James Young and c. F.
Smart and William Rawlings, who gave
much the same answers that they had
given to defendants counsel on the day
| before. When Mr.. Putnam was exam
| lining Rawlings he asked this question:
seYou understand that the purpose OF
jury trial is to arrive at an unani-
nous verdict2
I object" said Attorney Powers. "a
Jury trial is for the purpose Of arriV-
/ ing at the truth Of the evidence intro
/ duced."
Mr.. Putnam changed the form Of his
/ question.
Challenges Are Exercised.
The state challenged SIeater peremp-
/ torily Then the defense excused c.
/ T. Smart.
Thank you" said Mr.. Smart.
After the prosecution passed, the
/ defense excused William Rawlings.
/ That left the defense six peremptOry
! challenges and the prosecution eight.
/ James Young and Walter ]. Frazier
were accepted by both sides and were
sworn.
Fred ]. Bassett and David o. Mackay