Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-05-23
OPEN yENIRE ORDER.
First Case of the Kind Since the
Year 1884.

What was predicted by the News"
came to pass this morning at 1890
O'Clock when Judge Morse directed
Clerk Macknight to issue an open We
nine, directing the sheriff Of Salt Lake
county TO summons fifty legal Jurors,
returnable Immediately.
At exactly 1927 o'clock the last name
was drawn from the jury box and It
required but two or three questions TO
get rid Of him, The name was that of
Ephraim Foster.
Have you formed an opinion as to
the guilt or innocence of this defend
anti"
II have"
DO you think you could try this case
fairly without being influenced by the
opinion which you have formed and
now haye?"
Il hardly think so"
He was Immediately excused, and the
court thereupon issued the open venire
order. The language of the court was;
MIR. Clerk, you will issue an open
venre directing the sheriff OF Salt
Lake county to summon fifty legal
Jurors Of this county, returnable to this
court forthwith"
District Attorney Eichnor suggested
to the court that an order be made
that the sheriff and his deputies be in
structed when serving the summons TO
leave the summons with the jurors so
that they could report to the clerk,
when parties are summoned" said
Judge Morse, have them report to the
clerk and bring their summons with
them so that we know who they are"
The court also instructed the sheriffs
that II they met any person who re-
fused TO give their names. they were
TO arrest that person Immediately and
bring them before the court to show
cause why they should not be punish
ed for contempt of court. IL will there
fore be decidedly unhealthy for any
citizen who tried to evade jury duty
by refusing 60 give his name TO any
officer who may inquire. After issuing
the above orders Judge Morse order
ed that court be adjourned until 2 this
afternoon.
EARNEST CONFERENCE.
Immediately after court adjourned,
Peter Mortensen his attorneys his
father and brothers formed a circle
and went into executive session and
converscd earnestly in low tone for
several minutes.
THE COURT SUMMONS.
Following is a complete copy OF the
county clerks summons as per the or
der of Judge Morse
In the District Court of the Third
| judicial District In and for Salt Lake
County, State Of Utah. The state OF
Utah TO the sheriff Of Salt Lake Coun-
~. Utah, sends greeting:
Whereas pursuant TO law and an or
der heretofore made and entered by
said court, in ard for Salt Lake coun-
~, State OF Utah. for the Issuance OF
an open yenire for fifty 500 legal iu
rors OF this county. to sit and serve as
petit jurors for the April term, A. d..
1902. in the criminal division OF said
court.
Now. therefore, you, the said sheriff
OF Salt Lake county. State OF Utah,
are hereby commanded TO summon
fifty (5O) qualified persons to be and
appear before this court at the court
room OF the criminal division, there
Of. before Hon. c. w. Morse, judge).
forthwith, TO serve as such petit jurors
In pursuance 20 the order OF this court
so made.
Witness the honorable judges OF the
| District court In and for Salt Lake
county. State OF Utah, and my hand
and the seal Of said court, this 2Srd
day Of May, A. d. 1902
(seal) JOHN JAMES.
Clerk Third Judicial District Court,
Salt Lake County, State Of Utah.
FIRST OPEN vENIRE SINCE 1884.
As an indication OF the extent Of
| public feeling In this case, and the
great desire on the part OF jurors 10
escape an unpleasant duty In serving
as Jurors IN this most remarkable case,
| II may be stated that this is the first
| time an open venire order has been Is
sued by any court In the State OF Utah
since oct l6 1884. The order then APP
| piled TO the case OF the United States
| OF America VS. Rudger Clawson.
charged with polygamy. In that case
| there were 200 names on the jury list.
and they were exhausted before the
| jury was completed. The court, Charles
| s. Zane, then issued an order for an
| open venire OF six persons. who were
secured In the following; o. Won Trott.
| O. A. Palmer, Ellsworth Daggett. j. c.
Conklin. Edward Wilkes and j. 4.
| CLASSIFY. Daggett and Wilkes were the
jurors finally selected 10 complete the
| jury and were sworn. Thereupon the
defense challenged the Jurors on the
| ground that their names were not on
the Jury list FOR the year. and hence
were disqualified TO act as jurors. Judge
Zane overruled the challenge and the
| trial was proceeded with.
| In this case the defense did not Of
fer any objection 70 the onan Yanira or.