Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-05-26
pnsonerPale
,And Serious.
3d., courtenance Was Very Gsaoe Today = ZIP
90" .,,,biro Completion of The jury c4ppasentp bringing
49,, 10 Edce With The actual Struggle tos His Life
lanes Shasp in Court tOs a Shoot Time

might be many reasons why she was
NOT present. Nov, then, II the defend
ant did not go upon the stand, would
you require just as much evidence lroih
the state to prove him guilty or TO
convict him as you would II he dld
20 upon the standY'
"Well, | think every defendant should
20 upon the stand" -
"suppose the defendant went upon
the stand would you believe everything
he said Mould
have to hear him first"
oIf you were accused of murder In
tho first degree and you were innocent
and Won were the only person living
who knew YOU were innocent, but you
we're A victim Of circumstances against
YOU would you feel justified in TESTIFY
ing to a falsehood in order TO save your
life?"
The question brought Mr. Eichnor up
with an objection, but the question was
ruled out by Judge Morse as soon as
MIR EIchnor arose. 1T Is not proper 10
ask the Juror II he would commit per-
fury" said the court. Mr.. Stewart then
stated that he did not intend 10 say
ANYTHING that would at all embarrass
the Juror, he merely wanted to get AT
the state of his mind with reference
Ia what he would believe were the de-
PENDANT TO 20 upon the witness stand
MIR. Stewart then withdrew the ques-
tion and Mr. Elchnor withdrew the OBJ.
lection, and peace and harmony relgned
supreme again, ,
dDo you not think there are circum-
stances that would make II better Tor
a defendant not to go upon the stahu
"There might be,
"Would you require as much evidence
from the state II he didn't?'
II would want to hear both SIDES
Mr.. McAlllster said that II he was
accused Of crime and knew he was IN
nocent he would go upon the stand IN
spite Of all his attorneys might say 10
the contrary. If ] were innocent,
would certainly want to go upon the
stand"
could you give the defendant the
benefit Of the presumption OF Innocence
at each and every stage OF the pro-
ceedings2"
"No. Surprising a witness should tes,
tlfy that he saw the defendant XIII
Hay?'
well, then, supposlng a witness
should so testify, would you then thrust
the burden Of proof upon the defendant
and require him to prove his inno-
cence?"
"No, | can't say that, but | would
want something from the defendant be-
cause that testimony would nave some
weight upon my m.nd.
Nov then, let us get back 10 the
first question: VIII you, at each ana
every stage OF the proceedings, II you
are sworn as a juror In this case, give
the defendant the presumption OF IN
nocence2'
II believe a man innocent until
proved guilty"
VIII you give him the benefit of that
doubt"
Certainly l will give him the benefit
OF the doubt"
could you presume him innocent all
the time the prosecution was putting
on its Witnesses
81 could not say as 10 that"
The question was repeated but the
Juror would not say positively. Finally
he said. II can not answer that ques-
ton. | would answer II | could, but l
cannot answer It,"
At this point court adjourned until
this afternoon at o'clock. During the
examination Of Mr.. McAllister, Henry
Mortensen entered the court room and
took seat by the defendant. For some
time then the two went over several
pages Of figures, and the two were
deeply interested in them. Mortensen
Is still working on his accounts in the
effort to prove that he had the $500
involved in the case and the figures
are said to pertain to that account