Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-12-04
LEE ON THE MAJORS CASE.
Deputy Attorney General Opposes a New
Tfal
IIis Reply 20 Mr.. Fitch-iIe Says the
First Trial Has Been Srm-
cicnt ia the Case,

In the application made to the State
Supreme Court, on behalf Of Abe Ma
iors, convicted Of murder, W. A. Lee,
deputy attorney general, replied to Mr..
Fitch yesterday
MT Lee, ln behalf Of the state, began
by stating the grounds upon which a
new trial can be ordered, according
to the statutes, and said:
1T would be a startling innovation,
indeed, upon the criminal practice Of
this State, 1t Sc shall be found that the
verdict In criminal case can never be-
come settled. There IS not verdict
that has ever been rendered, unless II
is fully executed, that cannot DE at
tackled IN the manner this verdict mas
been. and the result viii be. II such
construction Is to prevail that long ar
ter "a Juror has died. left the country or
his whereabouts become unknown, the
solemn adjudication of courts viii be
az the mercy of any convict who can
procure the affidavit OF party that he
heard one Of the jurors who rendered
the verdict express an opinion prior to
the trial of the cause. We have no
fear that such dangerous rule VIII ever
be established in this state.
"The alleged disqualification of Juror
FOsgren was known TO the appellant
and his counsel at the time of taking his
former appeal In the oral argument
and also I'M the brief now on file I'm the
former hearing OF this case, this dis
qualification was urged upon the con-
81 d 0 N..H. N.. ca
considered because IL had not been in
Corporated In the former motion for
new trial. Therefore an error predi-
Gated upon the alleged misconduct Of
this juror cannot avail appellant any
thing upon this hearing As TO the
Juror Harris there Is no such a show
ing as would warrant this court In un-
settling the criminal practice OF this
State and rendering every verdict OF
guilty open to this method OF attack.
In the first place. the affidavit Of Fox
ley at most. only tends 90 show the eX-
preston Of an hypothetical opinion
such as men often express when dis
cusslng rumors regarding the commits
sion OF a crime that has startled the
community. There is no showing or
attempt to show that the juror knew
anything about the facts other than he
might have learned from rumor or
newspaper report, or that his alleged
opinion upon any OF the facts In the
case and II Is perfectly apparent that
the witness, had he been Intercepted In
regard 20 this alleged conversation.
would have been able TO have qualified
under our statute, as a juror In his
counter affidavit fled herein the wit
ness swears positively that he received
no impressions as the defendants guilt
or innocence outside Of the court room.
Hence his expression Of an opinion was
purely hypothetical and based upon
newspaper report and rumor, when
would not have disqualified him.
"The authorities hereafter cited upon
the question Of diligence, required to be
shown by a party seeking a new ui1l
on the ground Of newly discovered evil
dence. would apply with equal force
10 the showing made in regard TO this
juror. No such diligence has been
shown as would justify a new trial
Of this case upon the grounds mem
toned after a period OF more than a
year following the rendition OF the YER
dict and after a former appeal has been
heard ana determined.