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

NDonunued from page H.
You know that there has been very
strong public sentiment against the ac-
cused?'
Yes, 7 think public sentiment was
against him.
described the treatment of the defendant
in this case have you not?
Yes sir.
Has what you have read created
very strong impression in your mind?'
Yes, having heard only one side Of
the case.
Would it require evidence to remove
what impression you have now2'
II believe I could enter the case with
an unbiased mind BY throwing aside my
opinion entirely.
of after hearing the testimony you had.
a doubt as to the DEFENDANTS guilt would
you require him to prove himself inno-
cent?
mo. sir: would give him the benefit
Of the doubt"
Would Give Prisoner Benefit.
Suppose that the testimony made
things look dark for the defendant, but
that we should present a reasonable the
DRY explaining and showing his innocence,
would YOU give the defendant the bene-
tit Of the theory explaining his innO-
Cence2''
II think So"
DO YOU belong to any secret society
that might influence you in rendering
your verdict one way or anOther2'
NO. sir.
IF you had read that certain wo-
man. spiritualist. had had a revelation
or vision showing that the defendant was
implicated in the crime and how. would
that influence your verdict?"
Not i'm the least
do YOU believe that God reveals to
man whether person accused of a crime
is guilty or not2'
II don't know. I never heard Of any
such cases.
well what Is your belief"
District Attorney Eichnor objected to
the question. What is the use of such
questioning?" he asked. TN the first
place we couldn't Introduce any such tes-
umony, and in the second place, we don't
The objection to the question in its
form was sustained.
Matter of Revelation.
Mr.. Stewart then continued: You re-
member that James Sharp accused Nor
Jensen Of the crime practically, by say
ing he would hold him responsible for
Hays life. When asked in court how he
knew that Mortensen was guilty. he re-
piled that God had revealed 1t to him.
Would the fact that you had heard that
dence?"
1T would not. certainly"
Of criticism or censure influence your
If you had a doubt as to the defend
ants guilt. would you yield it to the
other eleven jurors?'
You have probably read that the de-
fendant's wife and the Watkins family
have deserted him. Would the fact that
you had heard that have any influence
with YOU contrary to the evidenCeg'
r. a rrtars
had heard it,"
The juror was passed for cause.
The questioning of Juryman Joseph
Smith by District Attorney Eichnor was
Have you any scruples against capital
punishment"
NO. sir.
DO you believe the law providing cap
ital punishment a wise or an unwise
"a wise law"
Believed in Capital Punishment.
IF you had the power would you
change it?"
mo. sir"
In a case Of this kind, where the de-
PENDANT is charged with murder, would
you require direct evidence-eye-Wit-
nesses, in other words?"
No. sir
Have you any bias against that class
deneeq~
I think not: though I would rather be-
heve eye-witnesses than circumstantiaI
evidence"
would you, if convinced in your own
mind, hesitate to vote for a verdict car
Tying the death penalty, on circumstan-
tial evidence2"
mo. sir"
Would you require the state to prove
the defendant guilty beyond a reasonable
doubt or to an absolute certainty"
Well. if it was beyond a reasonable
doubt II would have 70 be, to a certainty,
wouldn't it2''
Mr.. Eichnor put the question in an
other form, but the juryman said he
could not see the distinction.
Would you hesitate TO convict q man
out of sYmnathV for him or his fl rnilr-9 p,