Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-02-23
BuT ONE JUROR WAS SECURED.
G. ". Stocking, a Farmer Residing at
South Jordan, First Talesman
To be Chosen.
COURT ORDERS A NEW vENlRE'
Fifty Additional Jurors Drawn-De'
feudaut Maintains Same Old callous
Attitude as to Final Outcome.

The trial OF Frank Rose, who on Dec
b. 1903, murdered his wife. Maude h.
Rose in their room on west Third South
street, then confessed the crime two
DAYS later, was commenced In the GRIM
lnal division of the district court this
morning before Judge Morse, About 81
speotators were present to listen to the
nroceedings in the case this morning,
which were very uneyentful. There
we're several women present In the
crowd. Twenty-three jurors were ex-
amined and only one was acceptable
10 both the state and defense and was
chosen TO try the case. The name
n the Juror secured Is q. w. Stocking,
a farmer residing at South Jordan.
The names in the jury box were about
exhausted when the court adjourned
for the noon recess and n special venire
NJ 10 names was issued returnable this
afternoon at 2 o'clock. From the prog
ress made In securing jury this morn
ing It is very probable that additional
yenIres will have to be drawn before
the Jury is obtained.
ROSE IN COURT.
Rose, securely handcuffed, was
brought into court by Deputy Sheriff
Butler The prisoner was dressed in a
dark suit OF clothes, black shirt and a
light necktIe. He appeared as cclm and
as Indifferent as ever, and said that he
enjoyed the walk from the jail and
the fresh air very much. Upon his
arrival IN the court room he took u
chair beside his attorneys. Soren y.
Christensen and c. S. Kinney. Atty.
D. n Straup, who was appointed by the
court TO assist in the defense of Rose,
Is In California at the present time
and will not he able to appear In the
case at all. When the case was called
by Judge Morse, Dist. Atty. Eichnor
asked that Asst. County Atty Dana 7.
GlllllIl NC tultltu do hsSONAhNt NNHh'Na
for the state, which request was grant
ed
JURORS CALLED.
Deputy Clerk Buckwalter then called
the following Jurors to the box Henry
Wilson, Il. l.. Butterfied. w, c. Bow
ring Gilbert Lloyd, II. G. MAYOR, g, W.
Stocking, l.. ID. SImper, w, c. Hus-
bands II. 4, Pascoe, +, II. Ford, 7. r.
Parry and William Redeker. The con-
text Of the information was read TO
them by Attorney Christensen, after
which he examined them for cause In
behalf Of the defense,
INSANITY DEFENSE.
The questions put to them indicated
that the only defense to be lnterposed
IN behalf OF Rose is that OF insanity
Jurors Butterfeld, Lloyd, Naylor Sim
per, Husbands, Pascoe, Ford and Parry
all stated that they had formed UNI
qualified opinions as to the guilt OF de-
PENDANT and that they could not enter
upon the trial Of the case In an UNI
biased frame OF mind. They were ac-
cordlngly challenged for cause by the
defense and were excused by the court.
The other FIVE Jurors were examined for
cause by Dist. Atty Elchnor on behalf
OF the state and were passed,
TALEsMEN CHALLENGED.
Juror Lloyd was then excused upon
we nrst peremptory challenge by the
s.ote' hedeker was excused upon the
HIsl peTemptory challenge by the de-
Iehsei wilson was excused upon the
,n,ale second peremptory challenge and
boWrlN was excused upon the
second peremptory challenge Of the de-
Tense The remaining Juror G.. w.
stocking, farmer residing at South
Jofdan, was acceptable 10 both the
STATE and defense and was the first ia.
Ior sworn and accented to try the case.
M' :. Woolley. s. w. Anderson. Gran
VIE Gillette, j, It. Clasby. r., c. Howell
r. > Brooke, II. Dumbcck. Thomas
Hasford, Lars +. ograln. c, l.. Hanna.
man and ], H. Ball were Their called 10
Ine jury box for examination, Jurors
IMoolley, Anderson, Gillette, CLASSIFY,
n.oWHell, Brooke and Dumbeck were
enaneneed for cause by the defense
una were excused IN quick succession,
PASSED FOR CAUSE.
Thomas Hasford, a sheep man resId.
ug az Union, stated that he was In
Aush valley at the time the crime was
.vllmItted and heard but very little
aeou' H. lie had formed no opinion
HH.uleFer az 10 the guilt or innocence Of
u.it.iani and was satisfied that he
,uMd give defendant fair and i'm
arual trial He was passed for cause
ny me defense. c. l.. Hannaman said
wat ne had an opinion as to the guilt
VI innocence OF defendant. but he
thought he could lay that opinion aside
ana give defendant n fair trial. lie was
91so passed for cause by the defense.
d, H. Ban was challenged OH the ground
OF Dias by the defense as having an un.
qualliied opinion In regard to the case.
DIST Atty, Elchnor resisted the chal.
,,enge' but the court sustained the chal-
tnge and excused the iu-
,or Attorney Christensen then chal-
'vhEed Mr. Hannaman for cause, which
,'mslIenge was resisted by the state.
Suuse Morse sustained the challenge
anu excused the juror Mr.. Hasford
was 'hen examined for cause BY the
uslrict attorney and passed. The Juror
mas excused, however, upon the third
peremptory challenge OF the defense.
ADDITIONAL vENIRE.
Judge Morse then Instructed the clerk
w. issue venire for 30 additional ju-
soIs feturnable this afternoon al 2
1clock. Baillif Jensen was then sworn
~ 70 lake charge OF Juror Stocking, az
O'clock. ~ 1"N'