The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-01-08
JURY SECURED
IN SHORT ORDER
Bribery Case Against Senator
Dietrich Being Heard.
OPENING STATEMENT MADE
WHAT TIE GOVERNMENT Ex-
PECTs TO PROVE.
OPENING STATEMENT MADE

Omaha, Neb., Jan. When the case
OF United States Senator Dietrich
charged with bribery, was called in
the United States circuit court today
the room was again crowded. Besides
several state officials there were nu-
merous lawyers and judges of minor
courts present IS spectators. There
also were several women in the room.
among them Miss Gertrude Dietrich
daughter Of the senator.
Judge Van Devanter at once called
the case against Senator Dietrich
wherein he is charged with direct viO-
lation Of section 1871 relating to bribery
by a member of congress. The secur-
ing Of a jury was then taken up by
counsel.
Jury Secured.
The examination Of jurors and chal-
lenges for cause was conducted by As
sistant District Attorney Rush. who
closely questioned the veniremen.
Twelve of the FIRST fourteen men ques-
toned by the prosecution were salts
factory to the government and they
were turned over to Senator Dietrichs
counsel for further examination.
The jury was completed a { II o'clock
and, as selected, is composed Of one
real estate dealer. three merchants. one
miller, one printer, two farmers, one
bank clerk. two railroad men and q
haTnessmaker
Opening Statement.
District Attorney Summers in his
opening statement began with q. sum
ming up of the counts in the indictment.
He cited the alleged agreement between
Senator Dietrich and Postmaster Fish
er of Hastings by which the latter is
charged with paying certain moneys,
which the district attorney stated It
would be proven was for the purpose
Of securing Fishers appointment as
postmaster.
'gThis testimony will show" stated
the district attorney. that the defend
ant agreed to receive and did receive
from Jacob Fisher, money, property
and other valuable considerations for
procuring and aiding TO procure for
him. the said Fisher the Office Of Unit
ed States postmaster at Hastings.
Neb."
Money Transactions.
Mr.. Summers said the evidence would
show Senator Dietrich's election az
United States senator. He then re-
cited the details of the alleged transac-
tion by which the appointment OF Fish
er was made. IS would be brought out
in the testimony. The evidence would
show, ne said. that Dietrich requested
William Dutton to notify Fisher that If
the latter would pay $500 for certain
pOstof1ce fixtures and turn them over
TO the government and in addition
thereto pay $500 in cash to him Diet
rtch), that Fisher would be appointed
postmaster; that Dutton so notified
Fisher, that a conference followed be
tween Fisher and Dietrich, arranged by
button, during the course Of which the
terms of the appointment were agreed
upon, and that Fisher had admitted
khst the alleged transaction had been
slosed between himself and Senator
Dietrich.
Conviction Expected,
The evidence, said the district attor-
ney. would also show that Fisher was
then appointed postmaster.
District Attorney Summers said that
after hearing the evidence the govern
ment would expect conviction or ac-
uuittal in accord with the evidence sub
mitted. and only asked fOr justice TO
all. He completed his statement at
noon.
Attorney Beatty. during the after
noon, presented his statement for the
defense.
A New Question.
The trial progressed rapidly today
until a point was reached where the
first witness for the government was
placed on the stand, when General
Gown. chief counsel for Senator Diet
rich. interpOsed a demurrer on the
ground that Mr.. Dietrich had not taken
the oath and was not therefore, d
United states senator when the al
legged bribery occurred
:, This question was acknowledged by
ScounseI for both sides 10 be new one,
and each had prepared argument on
the subject. The court viii hand down
an opinion tomorrow morning.