The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-12-05
Trying FOR JURY
IN WALKER CASE
Proceedings in Court Are Enliv-
ened by Tits Between Attor-
neyS Who Become Angry.

Without anything important to break
! the mOnOtOny the attorneys in the Beers
murder case labOred all of yesterday in
an effort to secure twelve men who would
make acceptable jurors to try the case.
! AT the close of the DAVIS session eight
men had proved themselves acceptable TO
\ both sides, two more had been passed for
/ cause by the defense and two others re
Hlalned TO be examined by both sides.
30 Tar the state has used six peremptOry
! challenges and the defense five.
Inc dlfflculty in securing a jury is some
what of a surprise in view of the pro-
sFeSs that had been made the first day
| OF the trial. In all thrty-four jurors have
Deen examined and il is the general Opin-
ION that ii will be a difficult thing to
/ complete the list with the present venire.
great majority of those examined du-
ing the afternoon session yesterday were
excused because they had formed Opin-
IONS which, they claimed, We're unquali-
led, from reading the newspaper ac-
counts and from the general notoriety
given what is purpOrted to be the facts
IN the case. Farmers and business men
alike dislike the idea of being tied up
on the jury at this season of the year
quite a number expressed themselves in
TINS connection when examined.
During the day several tits occurred be
tween Judge A G. Horn of the defense
and District Attorney George HaIverson
In one instance the lie was passed. This
was in the afternoon, when Judge Horn
asked the talesman. john G. Carr. if he
OF any OF Ills fG1enQS mad called upon
DR.. Beers. who was commonly known as
DIR. Lopez, for either advice or treatment
Although the question had been asked
of almost every Juror examined. the dis
trict attorney objected to the use of the
name Of DR.. Lopez in connection with
that of DR.. Beers in the way it was be
ing used by Judge Horn. He said that
ii was not true that DR. Beers was known
as Dr. Lopez. When Judge Horn stated
that it was in the record of the lower
court Mr.. HalVersOn said most emphati-
cally that this was absolutely untrue. At
tOrney Horn was rather severe in his re-
tort and said he resented the insinuatiOns
of the district attorney and charged that
the attorney for the state was not de-
sirOIs of giving the defendant d fair trial.
In response Mr. HalveTsOn said he was
trying to conduct -he case SC that both
the defendant and the state should have
a fair trial but he was unwilling that
the defendant should have more than
fair trial The court closed the incident
at this point by overruling the objection
and directing the examination to pro-
ceed
During the forenoon after counsel for
the defense had excused Isaac Be1tman.
d cigar manufacturer, because he had
formed an opinion as to the merits of
the case, the district attorney called the
courts attention to the fact that Henry
Wessler. another juror. had made virtu-
ally the same reply to the questions asked
as did Mr.. Beitman, and had not been
challenged by the defense. He said that
advertence. Attorney Horn was his
feet I'm an instant and said that he did
not want TO hear any charges from the
district attorney about his being unfair
in the trial of the case
II am trying this case" he said. lin
the way I think it will benefit my client.
whether 1t suits the district attorney or
not If I fail to excuse juror, the dis
trict attorney may exercise his right when
his turn comes.
Mr. Halverson promptly challenged Mr..
Wessler for cause, on the examination for
the defense, and the court excused him.
There were a few more spectators in at
tendance at yesterdays session than on
the opening day. In the audience were
a few women. but it is evident that in
tereSt in the case IS not nearly so acute
as during the preliminary trial. The pFis-
Oner was surrounded Yesterday by his
sister, brother and his little daughter. He
paid keen attention to every point OF
the proceedings and frequently consulted
with his attorneys. Frank Beers. father
Of the deceased doctor, was in his CUSTOM
airy place. Mrs. Beers, the widow, was
not in court
On the bench with Judge Howell du-
ring the afternoon session were DR.. VIII
liam Driver of Ogden and State Senator
Townsend A. Ely of Alma, Mich. who is
visiting in this city.
As far as the case has gone Il is clearly
evident that the defense will avail them
selves of every line of defense possible
under the law and warranted by the tes-
JlIhDilN- II - expected however That
their strongest plea Will be for justifi-
able homicide under the statutes of Utah
which provide that the killing of a man
who has defiled anOther's wife. or other
female relative or friend. is justifiable. if
committed in the heat of passion upon
learning of the actual or attempted de-
Element.
When court adjourned last evening the
following made IN the jury: 8. H.
Browne. Joseph E. Storey, l. ]. Taylor
Samuel Siler, c. G. Grissman. William
Wheeler. J. J. Hutchins Daniel Farnlund
James r. Purdy. Thomas G. Lund, n. p
FrOnberg and W. G. Smith.
The first eight have been accepted by
both sides FrOnberg and Smith have
been passed by the Defense while Lund
and Purdy have not yet been examined
bV either the state or the defense