Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-09-09
Task Gives Signs Of Being Pro-
tracted and Troublesome.
ATTRACTS MUCH INTEREST.
Judge Powers Wants More Time In
Jury selection Than Prosecutor
Eichnor Desires 60 give.

The trial OF w. L. Hubbard, formerly
q prominent real estate agent in salt
Lake City, charged with having com
mitted rape on Helen Knox an IL
year-old child. was commenced before
Judge Stewart this morning. Mr. Hub
bard and his brother were In court
Helen Knox, the prosecuting Witness
and her mother, remained In the sher-
iff's office. but when they were inform
ed that there was little likelihood Of a
jury being chosen today, and indeed,
possibly for the next two days, they
went home.
The district attorney examined the
venire of forty Jurors as to their stat
utory qualifications. Thlrty-five Of
these were accepted for duty
during the term. The five ex-
cused were Peter Anderson. who
admitted that he could not write
and could hardly read English;
George IL. Simms. contractor, who
said that his business would suffer II
he were forced TO be absent on Jury
duty; William +. Appleby, an attorney
at law; Darmon c. Richardson, from
whom a communication was received
by the court that important business
interests required his presence in the
East, and Alfales Young, telegraph edi-
tor of the News" who Is exempt from
jury duty for the double reason that
he Is both a newspaper man and attor-
ney.
Judge Powers In his opening state
ment to the Jurors said that w. h.
Hubbard was charged with the crime
OF rape, committed on the person Of
Helen Knox. an eleven year-old girl,
on April 9Th. He then proceeded to ex-
anime the jurors Ia the jury
box. The first 10 be examined
was Joseph e. Gallagher. He said that
he had both formed and expressed an
opinion Of the case, but believed he
could try the case impartially upon the
evidence adduced. He was passed for
cause.
The next juror examined on his volr
dire was c. q. Johnson. He said that
he had read an account Of Hubbard's
alleged crime, but came TO no conciu-
sion as to the guilt OF innocence Of the
defendant. Attorney Straup challenged
the juror on the ground Of bias, and
stated that he was also county en-
ploye. Mr.. Johnson is one of the as
sistant county jenitors. He was ex-
cused from sitting In the panel.
John Kicks OF Mil Creek was exam
ined by Attorney Straup most exhaust
lively and accepted by the defense.
w. Il. Moreton was examined for al
most three-quarters OF an hour. Prose-
cutor Eichnor complained about SO
much time being wasted ON the ex-
animation OF jurors. Judge Powers in
terposed In his most impressive man
ner and said that IN his consideration
too much time and care could not be
devoted TO the choosing OF an impartial
jury. The juror was finally passed.
Next came Il. Il. Rich, formerly a
councilman OF Salt Lake City, who
proved a very positive Juror. He SAID
that he would stand by his convictions
even II all OF the rest OF the jury was
against him. He was passed.
The examination Of John W. Andrew
had only commenced when the court
took a recess for noon.
shortly after the opening OF court
this afternoon the remaining several
jurors who We're setting In the box were
excused four on peremptory challenge
and three for cause. OF the peremp-
tory challenges the state excused Il. Il.
Rich and w. r. ID. Barnett. and the de-
Tense John Riches and w. y. Moreton.
The defense also excused John w. An
drew and Francis Taylor for cause and
the State Joseph Il. Gallagher.
The clerk then called n new panel
Of Charles W Montcer,
Henry 7, McEwan. Edward L. Carpen-
ter. A. II. Atkinson, Henry Rudy. ].
p. Cahoon. s. H. B. Smith and William
H. Copper. Jr. Examination OF the new
panel was proceeding on the part Of the
defense when this report closed.