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

be excused on the ground that his com
mercial stock business would sufter II
he were to attend upon the court Tor
any length Of time,
II hardly think that excuse Is sum
Client" said Judge Morse. and Mr.
Cutler took his seat. All passed the ex-
animation and the first twelve TO pc
examined by the defense were selected
from the box. The court asked II the
state was ready, and Mr., Eichnor re-
piled In the affirmative, as also ala MT
G. b. Stewart when the same question
was put TO the defense.
Those whose names were seiecteu
from the box follows: .,
Oscar Il, Hunter, Joseph Smith, sid
ney r. Hooper, Samuel Bringhurst,
Miles w. Romney, Alon2o Young, K, Y,
Decker w. T. Cromer William Z.
Bouck, Arthur l.. Foulger, Hyrum Con
and Archibald Frame
COMPLAINT READ.
After the jurors were sworn Attorney
c. b. Stewart arose and read the gist
OF the complaint against Mortensen. He
first examined Mr.. Hunter. who stated
that he was not acquainted with the
with Mrs. Hay, but said he had known
Mr. James Sharp for many years, but
had never had any business dealings
with him.
Mr.. Hunter admitted that he had read
about the case, and from what he had
read In the papers, he had formed a
decided opinion and had expressed the
same. He said II would require EVIL
dence TO remove that opinion, In an
swer 10 Mr., Elchnor Mr. Hunter said
he could lay that opinion aside and try
the case fairly and according to the
evidence.
DO you mean to say" asked Mr.
Stewart. that you could lay aside that
opinion as though II never existed, that
you could throw Il wholly aside and
try the case as though that opinion
never existed2'
mo"
CHALLENGE RESISTED.
The Juror was challenged. but II was
resisted by the state. Answering Judge
Morse, the Juror said he had decided
opinion, thereupon the challenge was
sustained, and Mr.. Hunter was ex-
cused
Joseph Smith said he had also formed
an opinion. that the same was based
upon newspaper articles he had read
about the case.
'Is It a decided opinion?" asked Mr..
Stewart.
1T would take evidence TO remove IT,"
replied Mr. Smith,
"Could you lay aside that opinion and
try the case strictly on the evidence
10 ha aNiAanpa
though II never existedT'
yes, and ] could give the defendant
a fair trial" was the answer. Mr..
Smith was then challenged by the de-
Tense and was resisted by the state.
Answering Mr. Eichnor, Smith said he
could try the case according to the evil
dence regardless OF the opinion he had
based upon newspaper articles
NEWSPAPER OPINION.
Judge Morse then asked: did you
base your opinion entirely upon news
paper report
Eyes; entirely So"
The Juror again repeated 10 Mr.. Stew
art that II would take evidence to re-
move his opinion. The court asked; do
YOU feel in condition OF mind to hear
the evidence and try the case and try
II fairly regardless OF impressions and
opinions"
yes" The challenge was denied, and
the defense noted an exception.
DREAMS AND VISIONS.
Mr. Stewart then asked Mr.. Smith ~
he had heard of woman who claimed
to have had a dream or vision thar
Mortensen was the murderer OF Hay
and II hearing that report would in any
way effect his verdict. He replied that
Il would not. He said he had read OF
woman who claimed 10 have had some
manifestation. He said IT would not
influence him and he would not consider
n. He said that the fact that a wit
ness at the preliminary examination
had testified that he had manifestations
I'm relation to the case, would not In
fluence him in the least.
PUBLIC SENTIMENT
"Would the fact that public sentl-
ment was against the defendant, in
fluence you in rendering your yerdict|
mo sir."
Would the fear of public criticism
influence your verdictY
"No sir"
go you understand that the rule In
criminal cases Is that the defendant
must be proven guilty beyond a rea-
sonabe 1oubt?'
Yes sir"
Would you follow that rule, and
would you require that defendant be
proven guilty beyond reasonable
doubt I'm your mind before you would
render verdict OF guilty.
Eyes sir. | would require him to be
proven guilty beyond reasonable
doubt"
Suppose that you had q reasonable
doubt as 10 defendants guilt and the
other eleven Jurors believed him guilty,
would you allow your doubt TO be In
nuenced by the mere fact that the
other jurors we're against you"
mo sir"
Suppose there was a doubt In your
mind as 10 whether or not the prosecu-
ton had proven defendant guilty, would
you then require defendant 20 prove
himself innocent before you would re-
turn a verdict Of acqulttal2'
mo sir not II had doubt in my
mind that he was proven guilty"
lfD NNN kliAh VI NH. A"NF''A NtA'
you could not sit In this case II chosen
es a Juror and render a fair and Inn
partial verdct?"
mo sir,
CONSCIENTIOUS sCRUPLEs.
Have you any conscientious scru-
ples against finding a man guilty where
the death penalty mlght be inflicted
II have never considered that ques-
ton al all.
do you understand that every man
is presumed to have good character
until proven otherwlser
Yes sir"
Mr., Smith was then passed by the
defense for the present.
sid X. Hooper was then examined
by the attorneys for the defense but
was challenged for cause by Mr.. Stew
AIT ana was excused.