The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-10-29
TWELFTH MAN
SORELY NEEDED
Only One Additional Juror Sc
cured at Two Sessions
of Murder Trial.

Just one juror. A. II. Hennefer, was
the net result of two long. tedious ses-
sions OF the criminal court in the CITY
and county building yesterday, JUG
Armstrong presiding. in the endeaVor l.
fill the jury box with twelve men 10 u.
Steve Marovitch. charged with the muir
der of Mike Popich.
Three days have now been consumed in
the trying out Of prospective Jurors, ana
eleven men have beeen accepted TO con-
stitute the jury. Ten men were secured
as the result OF two sessions on both Mon
day and Tuesday and one juror was
found yesterday afternoon. Yesterday
fOrenOOn's sitting was unprodUctive OF re
suits In Fastening the trial.
Uni sual care is being taken by both
sides. especially by counsel for the de-
Tense. who probe into each prospective
Jurors ideas regarding prejudice against
foreigners. religious prejudice OF liked
opinion of tine guilt or innocence OF the
defendant gained through conversation.
newspaper reading or thought on the sub
ject. One after another they were chal-
| lenged until il seemed as If that much-
wanted twelfth man would never be Sc
cured.
Another special panel of ten men has
been summoned to court at 10 o'clock to-
day and the tiresome work of trying
them out viii be continued until juror
competent 10 serve is obtained. The
eleven men chosen were excused by Judge
Armstrong yesterday until next Wednes-
day, Nov. 1. at 10 o'clock. when the actual
trial of the case will be begun The soil
tary juror who, il is hoped, will be found
today viii also be dismissed until then
Jurors Are Warned.
Judge Armstrong issued the customary
instructions to the eleven jurors before
dismissing them. He said:
Il warn you in the most emphatic man
ner not TO discuss talk about or COM
municate about this case with your fam
lily. friends or any acquaintance; Do not
read about II in the papers and do not
talk il over between yourselves"
Conscientious scruples against capital
punishment was the thing that barred
most Of the prospective jurors from serv-
fessed that he was opposed to the death
penalty for murder in the first degree,
and many admitted that it would trouble
them hereafter If they knew that they
were instrumental in blotting out a man 5
life by sending him TO the galloWs.
one aged citizen, John Arnold, created
a ripple of laughter by his answers. At
tOrney Christensen-of counsel for the de-
Tense queried him as to whether he would
start out with the idea that the man was
innocent If he were allowed to serve. DO
you believe that he is innocent now?"
was asked
No" Arnold quickly replied IF he
is innocent why is he here?"
Nine witnesses were also excused by
Judge Armstrong until next Wednesday,
when the testimony begins. County Sur
NtyOr Joseph SWenSOn Will be the 1lrSt
one put on the stand by the state. He
will be asked to identify and explain
photographs and sketches of the scene
of the murder.
The star witness for the prosecution, il
is said. will be Joseph BOgdan of Bing-
ham. who will be expected to tell how
he saw Marovitch, the defendant stand
in the doorway of his home. and with q
revolver in each hand. pump four bullets
into POpich. the murder victim. Popich
| it is asserted. was walking to his work
when shot down and had his dinner pal
! in one hand and his pipe in the other.