The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-03-19
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have little difficulty in convincing an
honest Jury beyond a reasonable doubt.
The greatest interest, aside from the
discussion of such details of the case
as have already been made public, Is
being taken in the place for holding
the trials. The defense. as is well
known, will try hard to SECURE a change
of venue to another county not yet Sc
lected. The prosecution insists that the
men can be fairly tried in Canyon coun-
ty. The court may or may not IN his
discretion grant the change of venue.
An argument frequently used against
Canyon county and Caldwell is as to
the difficulty of securing a jury. Some
attorneys think it will be practically
! impossible in Canyon county, filled, as
it is, with life long friends and neigh
bors of the dead former governor, to
find twelve men who have formed or
expressed no opinion as to the guilt
or innocence of the accused or who are
not otherwise disqualified for jury SER
vice.
Think Jury Can Be Secured.
The difficulty is readily recognized by
| the prosecution as well as by the de-
| Tense, but the prosecution claims that
| a Canyon county jury will be tar
enough to decide the case on its NOR
! its, regardless of previous opinions, OK
pressed and uneXpTesSed. In Other
words. that twelve absolutely fair men
| can be found in the county. Judge
Smith has not, of course, Indicated what
/ he will do in the matter
| His rulings heretofore, while almost
uniformly against the defense. have
/ been regarded as absolutely fair and in
| accordance with the strict letter of The
/ law. Had it not been for Judge Smith,
prompt action the defendants might
still be in the state prison at Boise,
| subject to the rigid rules and regu!a-
| tions governing the custody of con-
/ demned convicts. At the request of
counsel for the defense Judge Smith or
| dered the men taken from the peniten-
/ tiary to the Canyon county jail, where
/ they are accorded more privileges than
| they received at Boise.
/ Still the Canyon county jail is far
/ from being a pleasant abiding place.
/ Haywood and Petubone seem to be
bearing their confinement in first-class
/ shape. They get out for an hour or
| two every morning. under guard, and
| grub sagebrush for the jail stove that
is used for cooking. The employment
keeps them in first-class condition
Neither has the jail pallor and both
| have apparently gained in weight since
/ they were first locked Up.
! Mover on the other hand, has been
! i'll practically every moment since he
I was locked uD. He was a picture Of
/ misery as he sat in the courtroom t
/ Caldwell Saturday morning. With his
/ eyes closed, his chin on his breast and
his breath coming in labOred gasps he
was evidently in no condition to under
stand what was going on around him.
| Meyer is troubled with a bad cold and
with asthma.
ST. Johns Departure.
The defense has been getting some
comfort, after all, out of the extradl-
ton of Vincent St John to Colorado,
notwithstanding the fact that the pros
/ ecutfon resorted to a trick to get him
away. IF 1 remember correctly" said
/ Attorney Miller. the chief detective
for the prosecution, one MCFARLAND,
made the boast that none of the men
under arrest would ever leave Idaho
alive. Well, st. John has gotten away
alive. and we are hoping the incident is
an omen of good fortune for the other
defendants"
| Sheriff Rutan, who took st. John
hack to Telluride, was an old friend of
the prisoner. Two years ago Rutan ana
ST Iohn were opposing candidates for
sheriff of San Miguel county. Rutan
won by Just eight votes. AT their only
public meeting in Idaho ON the street
In front of the office of the justice of
each other with the greatest cordiality.
CT John was not manacled when he
VAS taken away and the announcement
r,ae made that he would not be mana
cled.
Grand Jury on Waiting Orders.
The grand Jury was in session all of
last week at Caldwell but it did very
little work 1t may be said that the
body is on waiting orders. although it
is managing to occupy a good part OF its
time with minor matters of interest
only to the people of Canyon county,
such as reports on the condition Of the
various public institutions A commit
tee visited the county infirmaTy, for ex-
annie. and a report will be made on
that and on the condition of the jail.
|, considerable wonder has been ex-
pressed over the continued failure TO
indict sSteve" Adams, upon the
Strength of whose confession st. John
was taken back to Colorado, and who
has confessed to participation In nu-
r,,erous murders 1t is thought that no
connection between Adams and the
Steunenberg murders has been estab-
|, iisbed. and that this is the reason for
r the failure to indict him. He will be
heId however. until the trials Of MOy
or HAYWOOD and PettibOne are over, for
, he will be used as a witness against
: them. regardless of whether or not he
; is prosecuted.
From an authoritative source 1t has
been learned that the grand jury viii
make it's report on Tuesday and ask
thai it be discharged from further SER
vice. Nearly all the members are grow
ms FESTIVE. They are men of property
interests and their per diem of SO does
not Justify them in remaining any long
, or than is absolutely necessary. II
costs most of them more than that to
live in Caldwell. leaving out of the
question the inevitable neglect of their
private business.