Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-05-08

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lenge either Of these Jurors Mo,,on
sen ana his counsel held a brisf Son-
eui'auoh. II was o. severe te,t for *
prisoner In the selection OF either ~
we gentlemen, and he was vls'hlv ,yoc
~ lhelr challenge Yves i.ndoubted-
a. uue 70 me irct that the atlorneys
go sle uelense We're not altogether
a o'.,q WIN me views these Gentlemen
entertained upon The subject og revels-
uoh' ana particularly upoR tho ones.
ho1 o, the revelation Mr. Sharp said
WIFE WAS SICK.
Juror A, D. Caddy was eyeused be-
cause he received word that his wife
wes about OF undergo an operauon.
,Aller ne left The July box. Mn. Fichnor
pesah 70 examine Mr. Whitney and
MI HOhs, Answering the attorney
Ior the state, Nh Whitney stated that
he Iad no conscientious scruples aeainst
capital punishment, and no bias against
oiGumstantial evidence.
would jump at no hssty conolu-
slols' he said when human life
ID hanging In the balance The Juror
understood that the law was that
~iIe could not testify against her hus-
nand' During this part Of the ex-
animation, Mortensen eyed MIR. Whit
ney critically
SENSATIONAL QUESTION.
The questioning Of Mr. Gibbs by
barnard Stewart bordered on the SEN
setlonal order, but at times there were
clements OF humor In the answers OF
the talesman, Asked II ne believed IN
capital punishment, he said.
believe that n a man has COM
inltted murder he should Kill himself;
out FALLING or lacking, In that moral
courage | think the state should as
slsl him" The answer provoked a
roar OF laughter in which the defendant
did not join.
FELT M0RTENsEN GUILTY.
Mr. Gibbs asked permission to make
a statement and said 81 wish to state
lhat on the morning II was known that
james T. Hay had been murdered, the
thought came to me that had Ernest
Romney accepted that invitation TO go
and get the money James X. Hay
would be alive today, and still have
that idea Mr. Gibbs went on to
explain other ideas he had on the case,
but was interrupted by the court, who
said it was not proper for the
Juror 10 express ideas he had
IN the presence OF the jurors already
sworn 10 try the case. The juror ad-
mtted in answer to Mr.. Stewart, that
he had been prejudiced against the de-
iendant, hut that It was solely from
IDEAS formed In his own mind.
Have you any explanation TO offer
as TO that particular impresslonY
None whatever
What feeling did you then have?"
81 had feeling that the defendant
Lad murdered James r, Hay, | thought
he defendant never had the money he
claimed TO have had | thought II Inn
probable that a business man would
have SO much coin as he claimed he had
until | read of his explanation that
be was trying to keep II from his
creditors | think I did him an in
justice in SO far as | expressed that
idea
Would you want q man In your
frame OF mind TO sit and Judge you
upon a matter OF so great Importance
as you will have TO IL you sit upon this
caseY'
REVELATION QUERIES.
Il have thought Of that, and can say
| think | would,
Mr.. Stewart again launched out into
he subjec. Of Mr., sharp's alleged reve-
iation, and tried hard to induce Mr.
Gibbs to give an unqualified answer
touching his belief upon that point.
III God did reveal Il, said the juror
Il believe il was for him alone, not
for me and not for YOU and not to be
used in this case
but DO YOU believe he had it?'
81 have no belief or disbelief upon
that polnr'
rs your belief that he did as strong
as your belief that he did not?"
Yes most assuredly."
Can you say that he did have the
revelation"
Il cannot say that believe II at ALL
do you believe that he revealed II
for Mr. Sharps own henefit2'
Il have no belief or disbelief"
Mr.. Stewart repeated the question
and insisted upon an answer Of yes
or no" This brought Mr. Eichnor e
his feet with an objection but he did
not get chance to make II for the
court held that the question had been
sufficiently answered,
Well what is your Judgments" was
asked.
MY judgment is that the Lord had
nothing to do with IT,
Even this did not suit the defense
and when Mr.. Eichnor said he had nc
challenges the defense peremptorily
challenged Mr.. whitney, and with It's
third challenge excused Mr.. Gibbs
This left the state OF affairs where
they were after the fifth Juror had been
accepted
The challenge OF Messrs Whitney
and Gibbs created a great surprise as
II was generally thought the defense
would have decidedly the better Of II
in the selection )f such men.
BOX FILLED.
The fury box was then filed and the
examination OF jurors by the defense
was commenced. Barnard ]. Stewart
conducting the examinations for de-
PENDANT. -,
ward Barlow. W. A. Cardwell, W. T.
Corbln and Alma Cottam were disposed
~ In record breaking time, as they
had each formed an unqualified opin'
Ian which would require evidence &c
rcmoye and. upon the challenge Of MT
stewart were excused by the court
The time taken up In their examina-
tions being only 10 minutes.
". McHenry stated mat ne hao
.ooa ~ the case and formed an opinion
mich would require evidence TO re;
roove He did not think he could lay
Nv, on,nlon aside and enter upon the
Vial impartially lie was chanengeo
hr Inc defense. bat Mr., Eichnor re-
ui,,tI the challenge and, as II was
,',,s FOR the noon recess, the court or
80 an adjournment until 2 O'CLOCK
Afternoon Session
a, tho rate Jurors are being chal'
,.,osd and excused for cause, the spe'
VIZ w., ysnire of 80 jurors made return
~ ,. tor today will be exhausted pS
dUit ~ .hlg afternoon without an