Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-09-26
Attorney g. \. varian Assists in Pros.
eeution and Watches Short Line
Interests,


y y
Observation-Disclosures.
The enlightenment trial Of Arthur j..
Van Kuran was commenced l,efore
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 a 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, Mr.. G. Abbott, the
claim agent Of the National Surety
company Of New York was present In
court and sat behind Judge Varian.
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 examina-
ton Of jurors had commenced.
Judge G. ). Varian is associated with
Prosecutor Eichnor as counsel for the
prosecution and H. +. Booth Of Booth,
Lee q Richie, with Powers, Straup &
Lippman for the defense.
STATEMENT FOR DEFENSE.
Judge Powers made the opening
statement TO the jurors 10 the effect
that Arthur j. Van Kuran was charged
with having on Feb sth while act
Ing In the capacity OF local treasurer,
embezzled the sum OF $1,000, that he was
arrested on Feb, 18th, and had a pre-
liminary trial before Justice Dana
Smith, on April cath
The first juror to be examined was
III Dst.lt 49, L.
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 70 Van ku-
ran y guilt or 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 Mill Creek was next put through the
same line Of questioning He also was
temporarily passed by the defense and
+. r. Rich was the next 10 be exam
ined. He also passed muster and coun-
sci passed on to w, h. 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 Mr..
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. He was not aware OF
anything 20 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 ENTERTAINMENT.
Mr.. Elchnor then took up the examin-
alton. He asked Mr. Moreton II the
fact that the penalty for embezzlement
Is from one to ten years In the penlten-
tiary would have any weight In decld- !
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, and the defense /
noted an objection The prosecutor 1
then put the other men in the box 1
Mr.. Levy created laugh IN court when I
asked Il he had any objection TO cor
porations by replying mo. except that
they generally charge more than they
pay for
Counsel on both sides then passed the
seven Jurors In the box and /
the defense peremptorily challenged
Henry Rudy and T.. Il. Rich, and the
4 Ill ]
four jurors were then accepted and
sworn. They are Francis Taylor, John
Riches, W. B. MoretOn and Edmund
Loyesy.
The next call brought out Of the box
he names of n. 7. Walker. Jr who
vas excused by the court: Joseph r.
Gallagher, George T. Odell W. r.
Barnett. Judge Powers passed Mr.
Gallagher When II came 10 Mr.
)delrs examination a laugh was raised
It the question Of travelling on a rail
cad pass " o1ell said he Travelled
N bought i,ekets. ana Judge Varian
'oluntcefed the information that all
Mort line passes had been called in.
me defcnso made no challenge for
quac. and neither did the State after
yaminlnr them. on peremptory chal-
eugcs The state excused Mr. Barnett.
nd the defense Nessrs Gallagher and !
lafnett. Mr.. johnson was then sworn
nlkinv Eve jurors accepted on the sec.
nd call
J. p. Cahoon. Henry 4. Tuckett and
'harlcs 4. Monteer were the next
amns taken out Of the hox-the name
Z wnliam F. Cotton was called but
r. Cotton was not IN court. having
zen previously excused.
LACKED ONE JUROR.
Mr.. Booth then examined the new
lrors an for cause The State dld
keBisc. but peremptorily challenged
n. Moanteer. This left but one Juror
equlred 20 iill the panel, and Samuel
T. y. Smith was called At this time
he defense had exercised four Of It's
We percmptory challenges and the
tate three. Mr. ROoth passed Mr..
NTH for cause. and 30 did Mr. Eich-
or. Counsel on both sides then ac-
opted Mr.. Smith. which completed the
ny. All Jurors not serving In this
1nel were then excused till Monday
corning al 10 O'Clock
INFORMATION READ.
At ii.3o O'Clock Frank Hines read the
Iformatlon 20 the jury. Judge varlan | I
" the State then made the opening | I
atemeni 20 the jury. He explained 10 | I
ie court and jury that be appeared at J