The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-05-06

-1eAAAot tlllo uELeuQdul, NOulQ you give
him the benefit of the theory explain
/ ing his innocence?"
/ This is taken to mean that a new
element is 10 enter into the case dur
ing the trial II is the belief of some
who are closely connected with the case
that Mrs. Henry MOrtensen will become
the star witness of the defense. This
subject is strenUOusly avoided by Nor
tensen's counsel, and if there is a card
up the sleeve, it is being zealously
guarded by them
The case got fairly well under way
yesterday, two jurors having been
sworn before the adjournment of court
yesterday afternoon. The opening was
attended by large numbers. although
the court room was not at any hour
crowded. owing to the fact, probably,
mat Judge Morse has established the
rule that persons cannot leave their
seats after entering until the adjourn
ment Of court.
Religion to Cut Figure.
Religion is TO play a part Of some
prominence in the trial. Attorney
Stewart asks each juryman his opin-
ION OF the Sharp revelation testimony.
MS beliefs on divine revelation. spirit
ual manifestation and kindred sub
Jects while District Attorney Eichnor
inquiries into the faith Of each one
beheving that an infidel is not a proper
person 20 sit as a juror in q murder
trial The defense asked two Jurors
Yesterday if the scriptural quotation.
Wh0so sheddeth mans blood. by man
shall his blood be shed" would infiu-
ence them in rendering their verdict.
The two jurors retained yesterday
our Of the twelve examined are Joseph
smith, who keeps a store at Granger.
and Samuel Bringhurst resident of
laylorsville. Both are members Of the
Mormon church.
Each side has been allowed fifteen
peremptory challenges, and having
thus far exercised only one each. il is
not likely that the jury will be com
pleted before the end Of the week.
The various excuses offered by talss-
men to get away and the alacrity with
which they seized upon the privilege Of
departing was the humorous side of the
case. During the examination of the
regular panel for statutory qualifica-
IONS. which Tested about an hour, most
OF these excuses were presented.
Charles H. Denhalter thought he was
n
Ject TO rheumatics
Summers coming on" repffed Mr.
Elchnor. 1T may be better"
Excuses Of Talesmen.
Charles J. Higson was armed with
doctor certificate that he was recov-
erlng from a fracture Of the leg. He
was excused. August Knebelau CON
IfEEnn that hn
in fact, could hardly speak the Eng-
lish language. A. /. HoHaDder cot
away on the strength of being a drug
gist at Bingham. John c. Cutler de-
clared that his stock business vou1d
suffer, but the court held that the ex-
cuse was not sufficient. Sidney K
Hooper. thinking he was being imam
eled in the Mortensen case, instead of
Tor the whole term. arose with the nre-
mature declaration that he had an
opinion. at which the court smiled.
David p Hoover made the excuse that
ne was not a taxpayer, and, in addi-
llon, that he was a druggist.
Attachments were issued for the fol-
lowing veniremen. who had failed tn
appear; James A. Cunningham. Henry /
9Ulngham. F. 5. Murphy. William Rer-
-yman. John r. Cushing. James II
Neatc.
While waiting for the attachments To /
be served, District Attorney Fjcbnor \
moved that the court proceed with the /
calendar. The defense acceding to the
notion, the court asked the clerk TO
'all jury In the case Of the state of \
Utah VS.. Peter Mortensen. Twelve +
names were called and the talesmeD /
.ook their seats. They were: oscar /
Hunter Joseph Smith. Sidney X /
Hooper, Samuel Bringhurst. Miles
tomney. Alonzo Young. r. V. Decker I
william T. Cromer. William c. Bouct- /
arthur Foulger Hiram Goff. Archibald /
Frame