Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-09-09


"No, sir"
"Do you believe In the law Of self
defense?"
yes. sir"
IF the court should charge you that
Il is the law of this state that II APP
peofanecs were such as to lead man
10 believe he was In danger and he had
right to act accordingly, would you
act upon that Instruction.
Eyes. sir"
INSANITY MORE CERTAIN.
! The next question gave the first in
flmatlon of the line Of defense 10 be
dlcated that the chief point to be re-
lied upon is insanity.
Have you any prejudice against the
law Of insanity"
NO sir,
Have you any prejudice. whatever,
against defendant who sets up a
plea Of insanityY'
mo. sir"
You believe then that persons some.
times become Of such mental unsound.
ness that they are unable to distin-
guish between right and wrongy'
III IVES, SIT.
The juror was passed for cause.
Rufus II. Hardy. carpenter resid-
ing " this city. said that he had formed
an opinion as TO who did the shooting
but'not as TO who was . blame for the
AFFAIR. His opinion did not go TO the
merits of the case at all He said that
he was not acquainted with defendant
or any Of his relatives or was not &C.
quainted with the deceased.
DO you belong to the Elks or any
other secret society"
mo. sir"
with the opinions you now have
from reading OF the case, could you
try this defendant fairly and impartial
ly?"
eyes, sir"
Would you be willing to trust jurors
in the same frame OF mind as your
self on a jury If you We're on trial fol
your life?'
yes, sir"
Have you any prejudice against a
defense of insanity"
mo. sir.
"Do you believe In the law that de-
PENDANT IL innocent until he Is proven
guilty beyond a reasonable doubt?"
Yes. sir"
you would not require the defend
ant TO prove his innocence, would
youg''
mo- sir
The examination Of the Juror was
Continued until o'clock and the court
took recess to that time.
THIS AFTERNOON.
At the opening Of the session this at
ternoon, y. f. Bauer, one OF the jurors
who was fined at this mornings session.
presented medical certificate to the
effect that he was under the care OF a
physician and hence not able TO serve
on the jury. The court decided to con-
slider the matter further before excus-
ing the juror.
Rufus II. Hardy, who was under ex-
animation when the noon recess was
taken, was not examined further but
was passed for cause by the defense.
Robert VI. Holt, sheep man and
farmer OF South Jordan, stated that he
had read nothing of the case at all as
he was not ut home when the crime was
committed. He did not read the papers
al the time of the preliminary hearing
so knew nothing concerning the AFFAIR
only what he heard from his neighbors
He had formed no opinion as to the
suilt or innocence OF defendant, and
had formed none as to the rightfulnss
or wrongfuness OF the acts OF either
the defendant or deceasd. He was not
acquainted with either defendant or de-
ceased. Juror believed that he could
try the case fairly and impartially so
So
David II. Perkins, the next juror.
was excused by the court upon the dis.
covery that his son was Ill ana would
have TO undergo an operation at the
hospital tomorrow.
John II. Bach, an employe OF the ".
c. NJ. l.. was not acquainted with either
defendant or deceased. lie had read OF
the case but had formed no opinion as
TO the rightfulness or wrongfulness OF
the acts OF either the defendant or the
deceased. Juror said he believed IN the
doctrine that person Is considered In
nocent until proven guilty beyond a
reasonable doubt. He said he had no
preiudices against the defense OF insan-
ity. and believed that persons are
sometimes OF such a frame OF mind
that they can not distinguish between
right and wrong. The Juror was passd
for cause.
Edward White. farmer residing at
Wilford. said that he had read OF the
case but had formed no opinion as TO
the guilt or innocence OF defendant He
believed In the law Of self-defense even
10 the point OF taking a life II neces-
asry and would follow the courts In
structlons ON that point. He was passed