Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-03-14


Two incidents in this mornings ses-
sion of the sullivan murder trial
tended to enilven the proceedings
somewhat. breaking the desultory
manner in which the case Is proceed
Ing.
The first interesting thing that hap
Dened was the attempt made by the
defense TO Dust from the Jury box
Thomas Aston, the first juror secured
and who had been sitting since Tues
day last. When court convened, at
10 o'clock. Atty. Bailey, of counsel
for Sullivan, arose and, addressing the
court, asked Permission 10 submit a
number of interrogations to Mr. AL
ston. and the request was granted.
The juror was then questioned as to
his acquaintanceship with certain Off
clals and guards at the state prison.
and the answers given were satisfac-
tory. Then the attorney submitted
queries as to whether or not since he
was sworn, witness had not talked
about the Sullivan case with Deputy
sherin and Bailiff Claude Russell
Tho answers of Mr.. Aston were em-
phatically no, and Attorney Bailey was
compelled to admit that he was salts
fled In the premises.
II is claimed that there are a number
OF spoilers" who keep as close as
possible TO the iurymen IN their ram
bles around the grounds and about the
city. and who report their findings and
II is said, some things not found, to
the defense.
FOURTH LIST ORDERED.
Another incident of note in today's
proceedings was the action of Judge
Armstrong In ordering that the fourth
list of veniremen, called for shortly be-
Tore u o'clock, should be made up of
men from the city. or so close to the
city that their presence i'm the court
room could be secured by 2 o'clock
Attorney Bailey began to say that
the defense would object To any such
procedure, when he was reminded by
Judge Armstrong that such action was
In the discretion of the court, anu
while he was willing to hear sugges-
tons from counsel he would take such
measures to obviate any further de-
lays as were purely within the law.
The court attaches We're then in
structed TO draw from the box 81
names, and when numbers We're read
indicating residence well out from the
city. instructions were given TO lag
such names aside. Exceptions were
made OF Murray. because of it's close
ness to the car line. When 1t became
apparent that the number of men in
accessible would cut the list down
materially, II was determined that 20
notitiOlidi HdiiitS tHtulu DC drawn and
this was accordingly done. The list
was made returnable at 2 O'Clock.
TWELVE EXCUSED.
Twelve men were examined this
morning. and not n juror was secured
j. II. Preece. ex-city councilman. and
Samuel r. Hamer were pre- emptorily
excused by the defense which has now
used 10 of It's IS challenges, c. II.
Reagan, a cigar merchant. John b.
Daley j, ]. Nelson, a furniture store
clerk, Walter j. Lewis, book store
manager; George d. Alder. insurance
man; William Coates, a blacksmith; A
III, Parsons, mining man; William
Fairbourne, a famcr; aud George r.
Odell, implement manager were ex-
cused By the defense for cause. all eN-
pressing fixed opinions.
The state excused but one man. FOR
cause, Jabe2 w. West Jr., a medical
student AT the University Of Utah, who
was not In favor Of capital punishment
The prosecution has vet TO use its third
peremptory challenge
Ton jurymen have been secured two
having been selected after the News
went to press yesterday. They are II
II. UrrN, car inspector OF Mil Greek
and William A. Borgess., Sr., a farmer
OF Union.