The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-20

2
for the state. Attorney Rogers wore in
his shirt front a diamond which was
SO brilliant that it hur. the jurors
evee. smithy Renbrook sported one in
his tie. and even 5taid Attorney Brown
wore a sparkler i'm his shirt front.
Before the work Of selecting Jurors had
begun Judge Powers made objection 70
ths trial on the ground OF the jurisdiction
of the court He held lhat the defendanl
should have been indicted bF grand
lury instead OF proceeded against by the
filing Of an information 10y the county at
Then he OBJECTED 10 the method ID ar
ranging the venire or jurors he cuai-
leused the VeRire on me 4rouHu tHal
twenty-five names Of The jurors 10 serve
for 1870 were drawn and used in n former
case. That when the jury box was de-
pleted 10 that amount additional names
were drawn without proper fOrmalIty,
But Judge HiIes Overruled this point also
First Talesman Examined.
The first man examined was 4. T.
Nash, former postmaster He said his
hearing was defective and he was e.
lused for cause. Jared B. Graham. editor
81 the Bingham uietin, was exempt by
the statute. DR.. G. T. Ellerbeck was TOO
busy and he was excused. Robert Eli
wood. William Green and Thomas BIln-
ton were excused because of physical dis
William L. Turner, a farmer Of Murray,
had read iH am afternoon paper v mar pur-
ported 10 have been correct reports oL
the preliminary hearing and mad tnefebE
formed an opinion, so lnaJ on "a chdteilge
for cause he was excused ". It. O Brlen
had an opinion. TOO. and he was excused
y. y. Jacklin of Murray was examined at
sons length by Judge Powers and he
showed no mental or physical disabilities.
Charles NJ Hammond had read of the
case, but he had 10 opinion nor pleJu-
dicoE 80 nc WAS passed ror time. Otner
men VINO were examined and showed no
apparent 1alhngs were Charles b. burst,
Thoma0 Mccoy, who was later chal-
lenged for cause b. the stale and excused.
and j. &. Lambert.
Attorney Rogers examined William
Hart. jr., 40 some !eGSth.
Did you read about The case WIS
'1-Cs. sir in the SUNDAY. papers
Have you an opinion
Gould it be removed by evidences"
Would YOU WELD your opinion to-a ma
jority Of the jurors against you:
Would the fact mat the defendant was
a gambler if such is shown by the evil
dence bias you against MIN and so inter-
fere with your judgment that you could
NOT give mig a fair trial.
Would service i'm this jury for three or
four weeks interfere greatly with do
nestle affairs or your business engage
ments?'
No
Hart Is Passed.
Hart seemed satisfactory and the at
torney passed on TO others. \. L. HuiSe,
who is a fireman for the American laund-
~ was examined, John 7. Ihorup, VINO
is interested in a general merchandise
store al = South Main street, was chal-
Ienged for cause and excused. Attorney
Rogers maintained that no should 10 OK
cused on the ground Of implied bias. Al
torney Putnam made some objection but
il did not carry weight with the court
William Gerard. WOOlgTOWer OF IaN-
louisville, was IN Wyoming with MS sheep
when tha tragedy occurred SO ne knew
nothing about the case. He said tnaJ ne
had never sat on jury and had never
been a litigaut in court.
What A sheepman and never ndd any
litigation" exclaimed Attorney HugeFs-
Yes sir" said the juror.
William NJ Risley was manufacturer
{ OF food specialties, lie dlon oeiih9 MS
business in more detail
He had read of the case ana had 4
qualified opinion which could De removed
fv evidence. He had not taken every
Vhiug as the truth which he read IN the
, papers ,s 81
know that papers 90 not Always print 'iio
'sYou were in the business until You
knew better2i asked Attorney Rogers
Yes when I was young he replied
"yVere YOU on the POdunk Eagle or the
Tombstone Inscription?
Neither" said the journalist, very
He had also been a juror on the Harry
Kinds case and had helped TO clear
gambler in this homicide case.
County Attorney Putnam went over the
remaining jurors of the panel. RlSley told
him thar ne had no scruples against cap
itda punishment, hut he knew some OF lhe
attorneys for the defense; A; J.. HUlse
told the county attorney that ne had met
Attorney Lippman three years ago on a
fishing trip. He had no particular friend
snip for the attorney. except that ne was
sorry for "a man VINO Cldn Know now 10
each a trout without a scoop net.
Charles Nj. Hammond told the county at
torney that he had read and he7-u so
much about the case tn2t ne dldn nave
any opinion about the DEFENDANT guilt
or innocence,
The county attorney examined Hart.
Lambert burst and Gerard. which con-
Guided the work On the peremptory
challenge. each side having fifteen, the
state excused Risley. the journalist Then
the defense excused TAN Inc sac eN-
cuSed burst. The defense excused Lam
bert and the sJS-e Hammond. The de-
Tense passed and the state HulSe.
Jdckiin and Gerard were sworn.
More Talesmen Drawn.
Ten more were drawn, as follows:
ter Evans, Walter Cation. Rudolph
KnudSe1, Winthrop Buck, Ralph X,
Sharkey. Calvin Z. Stokes Ernest IL.
Rich, Julius Cook and Thomas MulhOl-
land.
clerk Little drew out these names from
the box without shaking il, which palned
JudEt Powers.
II insist that the clerk shake the box
as he draws edCn name, said the artJT-
nev and the clerk proceeded to shake
the box
There was bur one man Of these ten
examined. Proctor. who said he had no
opinion. and then admitted that he be-
heVed that Morris was dead and thar
Benbr0Ok had killed him. So he finally
admitted thar he held an opinion. When
court Was about 10 adjourn. there arose
the question OF locking up the two jurors
chosen instead of permitting them 90 90
20 their homes. as was done ia the Mills
case. Both sides wanted the jurors locked
mp. but did not care TO suggest il and
possibly alienate the two men.
Its a matter FOR the state to decide
said Judge Powers, and he JOyed with
his Spectacles.
Senator Brown wanted the jurors locked
Up and as the court had said this would
not he done unless one side or the other
asked for it, moved that they be kept
under lock and key, and Judge Niles so
ordered
A peculiar proceeding occurred at the
adjournment of court which may be
raised later on. BaiIifts to care for the
jurors were not sworn I'm open court. so
clerk Little sWore in Deputy Sherins
nvy Rogers does not believe the pro-
ceedlng was legal.
BRUBACK GIVES BOND.
Released After Giving Bail for
$500