The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-09-24

District Attorney Penny then read
the indictment again in a louder voice,
and to the demand for reply the
prisoner who was standing at the time,
said in very low voice, Guilty"
This plea was, however not per-
mitted to stand, under the law, and a
plea of Not guilty was at once or
dered by the court.
Mr.. Titus, counsel for the defense,
then arose and stated TO the court the
facts already known as to his connec-
ton with the case.
The execution and swearing in of the
jurors was then begun, the prisoner
standing as each was sworn.
The first juror was summoned at
1926 His name is Frederick V. Lauer,
plumber. lie was examined briefly
by the district attorney and counsel for
the defense. No objection was made
and Lauer was accepted.
Richard ]. Garwood, a street railway
foreman, was next summoned One of
the questions put to him by District
Attorney Penny was:
DO you believe in the present form
of government" to which Garwood re-
piled, Yes"
Judge Lewis asked him if he would
acquit a man if it was clearly proven
that he was insane at the time the
murder was committed Mr. Garwood
replied that he would. After a few
more questions from Judge Lewis Gar
wood was accepted.
The third of the panel called to the
bar was Joshua Winner a farmer of
North Collins. He was objected to by
the defense and exeused.
Henry w. Wendt, a local manufac-
turer, when called, announced that he
had formed no definite opinion on the
case; his opinion would be governed
by the evidence alone. He was sworn
in.
Horatio NJ. Winspear. a farmer, was
called.
do you believe in capital punish
ment?" was asked. After some hesita-
ton the talesman replied: We'll. yes
The questions asked by Mr.. Lewis
for the defense of nearly all of the
jurors were particularly as to whether
or not they were present in the Temple
of Music at the time eof the crime
Winspear said he was not there, but
while the defense was not opposed to
his acceptance on the panel he was
challenged by the people.
George Kuhn. a baker Of Buffalo,
born in Germany, but a citizen of this
&C ntry for twenty-five years, was
next called. His opinion of the guilt of
the prisoner. he said, was so firmly
established that no evidence could
change it. and he was excused.
Opposed to Death Penalty.
John Elliott. a farmer of Grand
Island. was opposed to capital punish
ment and he was excused.
at Clarence, had already made up his
mind as TO the guilt of the defendant;
be could give him a fair trial. however,
on the evidence. He was accepted by
both sides and sworn in as the fourth
juror at 11:04 a. m, less than an hour
after the court opened.
Herman b. Tauber. a railroad clerk,
and Dennis I. O'Reilly, a life insurance
agent. were excused by the court as
they had formed and expressed opin-
ions.
During the examination of jurors the
prisoner sat erect in his chair and
gazed straight ahead at the back of his
senior counsel. Beyond the rapid
concerned. He made no effort at com
munication with his counsel nor they
with him.
Frederick Langbine. a railroad sec
ton foreman. said he was a believer in
capital punishment. He had not formed
or expressed an opinion as to the guilt
or innocence of the defendant He
was excused by the prosecution, how
ever.
George RuehI. a barber, next called,
was a believer in capital punishment.
Mr.. Ruesll is a member Of the general
assembly from the Buffalo district.
He said in reply to question from
Mr.. Lewis as to whether he had talked
much about the case:
People have talked more TO me
about it than 1 have to them.
He had formed no definite opinion.
but nevertheless ne was excused by
the defense.
Wallace A. Butler. farmer of Sar-
DINA. had formed definite opinion
as to the guilt of the prisoner and
said that the evidence would have to
be convincing to raise a reasonable
doubt in his mind. Judge Lewis ac-
cepted Butler as competent, but he
was excused by the court
James s. Stygall, a plumber, after a
brief examination. was accepted. max
ing the fifth juror secured, at 11:S5.
Four Women in Court.
John G. Milbun. the host of Presi-
dent Mckinley. and at whose home
the death of the president occurred.
came into the court room at II 80.
There We're only four women in the
court room, three inside the railing as