Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-09-26
Attorney e. \. Varian Assists I'm Pros-
eeuiion and Watches Short Line
Interests.

Z Samuel II, Il. Smith. r
''...-.-.'''''.-'','-l-.. !-'''''
The embezzlement trial Of Arthur j.
Van Kuran was commenced before
Judge Stewart in the criminal division
OF the Third district court this morn
ing. The defendants wife occupied a
place near her husband In court. She
Is 3 handsome woman OF about 40 years
of age. She seemed much worried at
the position that she and her husband
were In. The audience was small dur
ing the morning. MI G. Abbott, the
claim agent OF the National Surety
company Of New York was present In
court and sat behind Judge yaran.
Both sides had agreed that FIVE peremp-
tory challenges Of Jurors would be suf-
ficient and a Jury was empaneled an
hour and a quarter after the examlna-
tion of jurors had commenced.
Judge G. $. Varian is associated with
Prosecutor Eichnor as counsel for the
prosecution and II. e. Booth OF Booth,
Lee a. Richie with Powers, Streup &
Lippman for the defense
STATEMENT FOR DEFENSE.
Judge Powers made the opening
statement 10 the jurors TO the effect
that Arthur j. Van Kuran was charged
with having on Feb. Sth, while act
ing In the capacity Of local treasurer,
emhezzled the sum of $1,000 that he was
arrested on Feb l4th and had pre-
liminary trial before Justice Dana
Smith, on April 2ith.
The first Juror 60 be examined was
Henry Rudy Answering Judge Pow
ers he said that he had heard Of the
case, but was In no way connected with
the Oregon Short Line railroad or any
other railway. He said that he had
not formed any opinion as to Van ku-
ran guilt OF innocence. Judge Pow
'ers then commenced the examination
Of Francis Taylor He said that he
believed he could give the defendant
a fair and impartial trial. John Riches,
of Mil Creek. was next put through the
same line Of questioning. He also was
temporarily passed by the defense and
r. +. Rich was the next TO be exam
lned. He also passed muster and coun-
sci passed on TO w. 3. Moreton. Mr.
Moreton said that he did not know Mr.
Craig. travelling auditor. Mr.. Hills,
auditor. OF Mr.. Bancroft, general man
ager Of the Oregon Short Line Railroad
company. He seemed TO be unbiased
and counsel passed TO Morris Levy. The
latter knew Mr.. Van Kuran and Mr.
Hills, but was not acquainted with MI
Bancroft He said he was a shipper
over the oregon Short Line.
Edmund s. Lovesy said that he was
an occasional shipper over the Oregon
Short Line. lie was not aware OF
anything to bias or prejudice him either
towards the innocence or guilt Of the
defendant Edwin l.. Carpenter said
that he had formed an opinion on the
case and was challenged for cause by
the defense,
PENALTY FOR EMBEzzLEMENT,
Mr.. Eichnor then took up the examin-
alton. He asked Mr.. Moreton II the
fact that the penalty for ENLIGHTENMENT
IL from one to ten years In the penltcn-
tiary would have any weight In decid-
ing his verdict Judge Powers object
ed. but the court ruled that the ques-
ton might be answered and the Juror
answered that he did not consider the
penalty too severe, aud the defense
noted an objection The prosecutor
then put the other men In the box
through the SAME line Of questioning
Mr.. Levy created n laugh IN court when
asked II he had any objection 20 cor
porations by replying "No. except that
they generally charge more than they
pay for"
Counsel on both sides then passed the
remaining seven jurors in the box and
the defense perempiorily challenged
Henry Rudy and r. r, Rich and the
State Morris Levy. The remaining
four jurors were then accepted and
sworn They are Francis Taylor John
Riches. W. b. Moreion and Edmund
Lovesy.
The next call brought ont Of the box
the names of D. T. Walker Jr.. who
was excused by the court. Joseph Z.
George T. Odell W. r. |
Barnett. Judge Powers passed Mr..
Gallagher. When IL came 20 Mr.
Odens examination a laugh was raised !,
at the question Of travelling on rail- |
road pass. ~. Oten said he Travelled |
on bought tickets. ana Judge Narian |
volunteered the Information that all |
short line passes had been called in |
The defense nade no challenge for |
cause. and neither fid the State after |
"NNiNtNNNt lNtlfA WI NFtflhHANiN ANhi- Il
lepFcs the state excused Mr. Barnett |
and the defense Nessrs. Gallagher and !
Barneti. Mr. Johnson was then sworn /
making five jurors accepted on the sec
ond can
J. = Cahoon. Henry 4. Tuckett and
Charles s. Monteer We're the next /
names taken out Of the hcx-the name
NJ William =. Cotton was called but
Mr.. Cotton was not IN court, having
been previously excused
LACKED ONE JUROR
Mr. Booth then examined the new
Jurors an for cause. The state ala
Likewise. but peremptorily challenged
Mr.. Mcunteer This LETT but one juror
required 10 nli the panel and Samuel
II. Il. Smith was called. At this time
me defense had exercised four Of its
ive peremptory challenges and the
state three. Mr. BOoth passed Mr..
smith for cause. and 80 did Mr. Eich-
nor. Counsel on both sides then ac-
'epted Mr.. Smith. which completed the
ury. An Jurors not serving In this
PANEL were then excused TIL Monday
morning at 70 o'clock.
INFORMATION READ.
At ii.so O'Clock Frank Hines read tho
10 the jury. Judge Varian
or the State then made the opening
itatenent 10 the jury. He explained 10
he court and Jury that be appeared a, !