Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-05-22
Tenth Juzoz
Secured Today.
r,,J in the Person of Charles II. hsham, IT,, Of Sail
lake. Both Sides Working Hard 70 Get The ofRer 1870
small Chance That VIII be Done Without TeSosf-
ina 10 Use Of Open VenHe cteAeod.

s carson Of Charles H. i"e -, a.
The pe Lac are now working hard 10
Both !, s'u rsmaining two without resort
~ w. ~ ,be use Of the open Vehire
~, n,s,sod which will give them a a,i,nsa.
~, ur "a compel the presence Of citizens ii,s
ny ny court whether the latter are VIKING
OF not. o,rv
,,o court adjourned at b:lo
W.. sov John G. Midgley. formerly
'' s,a,oher in this city, was In the jury
!. and the defense had been vainly
, VyI for an excuse to challenge him'
S ,. ,hsy we're forced to suspend hostil-
,Iss until this morning He was cnal,
~, w. three times for implied bias but
we soch instance the court denied the
As.usrge Before Mr.. Midgley was
.snsd 10 the box, Milando Pratt was
...r,,ned at great length by the attor-
.Aa' U sar Inc accused He stated on the
ME- s., ~ nat no had formed no opinion
s ~, Nad some slight impressions IRON
WV mo- an account Of the case. He had
y, ,oed very much for the reason that
i, was out Of town at the time oi Tue
usgedy. u.a,,oa him eaveral
,nss hut could not get him on In that
s.nner Mr.. Pratt said, answering Mi.
s,s~srt that II the court Instructed
NJ, nm polnts Of law and he was sure
49, court had erred he would not fol-
A lw these instructions, =, e...
4 we challenge" said Mr.. stewart
The court then asked the question,
j ,rd the Juror said that inasmuch as ne
Vas NOT yersed In the law, he would OF
q ronrse follow the courts instructions
1But II YOU had doubt as to the
csreotness of the courts instructions,
van would follow your own Judgment
would YOU not?" asked the attorney,
I'm that case" he replied, II would
i've the court the benefit OF the DOUBT
On the question as to his Dellef IN
Mr.. sharp's revelation, Mr.. Pratt hesi-
tated some time before answering, but
finally said he did not believe II. A
moment later he said; IF knew that
Mr.. sharp had that revelation, ! would
not consider II In this case" He was
passed BY the state, and the defense
Used It's sixth peremptory challenge.
Mr. Midgley was little too much
1 for the lawyers. He said he had formed
n half q dozen opinions but could lay
n them aside and try the case strictly on
the law and the evidence On the rev.
elstion question Mr., Mldgley said he
n did not believe Mr.. Sharp received II
81 although he believed Mr., Sharp thought
4 80 He also believed the Lord had re-
4 yesled such things In the past, and
might do so again
We'll, do you believe he doesg'
He might"
What Is your best Judgment"
MY best judgment is that he might"
n Nov, II the defendants wife and
4 children had deserted him, would that
Influence your
Why, yes; II II was brought out dur
Ing the trial OF course It would influence
q ne"
Well II they were not present in
court would that influence your"
\ IT might"
What do you mean by thatT
y mean that II might"
Well what is your best Judgment"
my best Judgment is that II might"
The attorney gave II up in despair.
ineh the court took a hand, and
brought out the statement that If the
ample TACT that the persons mentioned
ven not In court, then he would not be
nnuenced by that fact, but IL Il should
4 .s'elop during the trial that the rela-
yves had deserted him, then he would
naturally be Influenced. The attorneys
nag not concluded their examination
nnen Judge Morse ordered court ad-
"rtned until this morning.
me other jurors excused for implied
SS were, George II. Knowlden, John
uusg L. N, Bailey, George +. Rhodes
'ad G. II. Ingham Jr.
MIDGLEY EXCUSED.
y was the states turn to receive a
A~k this morning. IL was in the
h. VI NJ Juror j. G. Mldgley Last even
AT Elchnor was eager to retain
~ , ana The defense was as eager to
" alEn out Of Che box.
IN, .ns morning conditions were re-
Nu The defense wanted him and
nale aid not After wrestling with
-, IuIor Tor nearly two hours, the de-
NJ suddenly discovered that MIR,
,tey was dead set" against capital
ps1MInent on circumstantlal evidence.
\. '% further examination OF Mr.. Midg-
,f,, ~ss nken up Immediately after the
~ tMa' lIuon OF the special veniremen
Va, Volr dire. The examination
" 'Vhducted by Barnard Stewart.
h q, stewart asked II the Juror would
lnnuenced by the Impressions or
he trial. ''is 'ne progress Oh
~, 'ne evidence should 20 along the
ns,. nnes as my theories, II would
NJ lay influence me. II would sim
sw von,im the theories as being true"
Svvouu II influence you?"
esrS, i" would simply confirm my
On W. you think your mind would
"a v your present theories?"
Why"
~ SsVause l have formed no set theo-
prsap SUM Ut innocence OF this
e. :. you q. believe in a future state OF
TRH
VA ~ You believe II better for a man
I'm as committed murder. in the fu-
ths1 nae haIt OF existence, II his blood is
.rpaon't know nor care"
hnss 'oNs did you work for Wat
.,n,d an hour"
Jr ~. sol mad a reasonable doubt would
- ~ ever surrender no" 'VN'' "Vu''
was W. as long as 1t existed
n.ie va,, y 70. let the other jurors per.
Yea
lrlss, you any conscientious scr,ples
rapa., cspital punishment on circum.
s,sn,,nna, Know whether they are con.
,st ~ or not, l simply would not
tts.r,eoss Conviction on circumstantlal
sneesS' y me light Of recent occult
49, n AT Midgley referred 10 the