Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-05-22

1--WE shall have to challenge him.
said Mr.. Eichnor, suddenly, remember
ing that he didn't want the juror, MT.
Midgley was excused, and everybody
could see where a lot of time had been
wasted In not asking the question on
circumstantal evidence before
OF the special venire Of 40 summoned
for today, SO answered TO the roll can.
Those whose names were placed In the
box, after being examined by Mr., Eich-
nor, were; j. r. Smith, X. Knudson,
Henry Taufer, H. ]. Hayward, Albert
Smith, H. Il. Jacobs, o. NJ Johnson, w.
]. Hall, ID. r. Gill. Jr., j. Il. Caldwell,
James Hemsley, II. S. Schoheld, Thos.
NJ. Gillespie H. Foster, w, ii. johnson,
Thomas McGhe, John n. Eslinger w.
p. Jennings, G. w. Waters, James King,
c. A. Falco, Robert Aveson, Il. n, Fow-
Ter, w. r.. Kinnersley, j. j. Williams,
Jr., Special Venire" j. M. Green and
w. j. Kemp.
Those who were excused upon their
own motion We're: Louis h, lverson D.
w. Stewart, Chas. Gilmore, l.. NJ. lver-
son, and A. Il. Bateman
THE TENTH JUROR,
Charles II. Ingham, Jr,, a sheepman
OF this city, proved to be acceptable 70
both the state and defense and at ll'2b
was sworn In as the tenth juror.
He stated that he had read OF the
case but had formed no definite opin'
ion. He had ideas concerning the case
but could lay them aside without any
trouble and try the case fairly and Inn
partially upon the evidence.
"Do you know Of any reason why
you could not sit upon this case and try
II fairly and impartiallyY'
~ do not think ! am qualified to try
the case. ] think there are others who
are more competent TO try II than
am"
The question of revelation was dis
posed OF by single question.
DO you believe God revealed to
James Sharp that the defendant killed
James X, Hay?"
mo, sir; / do not"
"How is II that you have not formed
any definite opinion as to the guilt or
innocence Of the defendant"
II thought there was two sides TO the
case and there was room for others
to be guilty OF the crime beside DEFEND
ant.
Have you heard that defendant had
made a confesslon9'
Yes, sir"
DO You believe he did?"
"No, sir; l don't think he has con-
fessed."
do you think a guilty man coulu
have gone through what he has without
confessing?"
Eyes, sir, some could"
Are you Republican or Demo-
craft" :,
rs that a qualification or disquali-
II am Republican"
ficatlon In this case?" asked Mr.. Eich-
nor.
TT may be either" was the response
Of Mr.. Stewart
The defense then passed the Juror for
cause.
The usual questions were put TO him
by Mr., Eichnor touching his beilef IN
regard to capital punishment and cir
cumstantial evidence. His answers were
satisfactory TO the state and he was
passed for cause.
"The state may take its sixth per-
emptory challenge" said Judge Morse
'trhe state accepts the juror" was
Mr.. Eichnors quick reply.
"The defense may take its seventh
peremptory challenge"
1.-THE defense accepts the Juror" re-
piled Mr.. Stewart after few minutes
earnest conversation with Mortensen
and his father.
The Juror was accordingly sworn In
by Deputy Clerk MacKnight.
Charles p. Margetts and J. c. Leary
were the next two 10 take seats In the
box. Both had opinions and were ex-
cused The same order applied with
Jurors Edgar Howe and Joseph W.
Kingdom.
F, w. Little and Sam Levy were next
called.
Mr.. Little said while he had some
opinions, he had not formed an opinion.
He had talked with Detective Sheets
and one or two OF the officers and with
Sheriff Naylor, but what they had said
made no impression upon his mind
Mr.. Little said he had been near the
scene Of the tragedy but could not
remember now the location OF IT, On
this account the defense challenged Mr.,
Little, but Judge Morse denied the
challenge, ruling that so far the juror
was qualified
Asked II he knew Mr.. Sharp and II
he had ever done any business with
him, Mr.. Little replied In the affirma-
tive TO both questions.
DO you believe that Mr.. Sharp had
q revelation as to the guilt OF this de-
fendant?"
"No. ] do not. I would call II a
dream. have had dreams, too"
About this case?'
mo, OF course not"
The Juror said he was acquainted
with Mr. Whitaker, and had support
ed him politically.
Ibid he support you in the conven-
tom"
II don't know whether he did or not
There were a number who ] thought
were supporting me, but ] found out
after that they were not"
Now then, II you were accused OF
murder would you like a juror In your
frame Of mind to sit upon and try your
caseg'
"That depends whether or not was
guilty"
"If you were guilty. would your"
well, II were guilty, ! might want
some one who Is easier swayed than
am"
you are not easily swayed by the
lawyers then, are your
mo am not"
Al this point court adjourned until
this afternoon ~ y. m.
Fred w. Little proved 10 be a hard
proposition for the attorneys for the
defense al this afternoons session. but
Atty. Barnard Stewart was equal 20
the occasion and finally got Mr.. Little
ont Of the box
For fully half an hour counsel
wrestled with the Juror 10 find some
reason to excuse him for implied bias.
He finally succeeded.
Il don't understand you when you
say II you were the defendant and
guilty you would not want man In
your frame OF mind n cit on the iuryY"
Because II the evidence warranted
,rnAIA And him r.aalli.. rnn,a rdlaaa Of