The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1908-10-27
TRIAL IS DELAYED
BY LOOSE METHODS
Irregularities in Drawing Jur-
Ors Holds Back Trial Of
Murder 7ase.
DEFENSE MAKES OBJECTION,
BUT 1T rs 0VERRULED
Defendant Is Austrian Charged
With Killing of Fellow
COuntrymaD.

On account Of loose methods IN tie
county clerks and county attorneys or
fices in drawing the special jury and In
rnisplac!ng the oaths OF the Jury commits
sion the beginning OF the trial Of Steve
Maerovlch, an Austrian, for the alleged
murder at Bingham the afternoon or July
il last, Of Mike Popich. a fellow country
man, was delayed two hours In Judge
Armstrong; division of the third district
court Monday morning.
Counsel for the defense objected to the
general panel on the grounds that the
residence of the Jurors, as provided by
law, was not shown on the list drawn,
and 10 the special panel on the same
grounds. and also that the panel was NOT
torney and county treasurer, as provided
by Law, but by their deputies, who are
not legally qualified and acting deputies
their oath of office being faulty. but the
objections were oyerruled. II the con-
teutson OF counsel for the defense Is cor
rect. tho validity of every jury case DIS
posed OF in the last year would be de-
stroyed, due 10 the inefficiency of the
county attorney and county clerk.
Securing Jury,
Seven men were passed for cause by
the defense and five excused for various
reasons. The seven men accepted for
cepted by the prosecution Each side
nae fifteen challenges, making thirty IN
ali 1t Is believed that a jury VIII be OBJ
tanned today and the trial proper pro-
Maerovich appeared IN court accom-
panied By his wife and Nick Nutkeyich.
charged with flrst-degree murder. 1t Is
alleged that while Popich was passing by
Mgerovich's house on ths afternoon OF
July II last. going home from work st
the Highland Boy smelter. having Just
come off shift Maerovch emerged from
his house, armed with TWO revolyers: one
OF which he began 0ischarging at Popich
while the other he tossed 10 his victims
side as he fell. After firing three shots
into Popich's body. Maerovich then ran
10 the smelter and surrendered himself
10 the superintendent, " is claimed
Macrovich's defense Will be that Popich
despoil@d his home and that he was jus
titled under the law In killing him. in
other states the "unwrltteu law" in this
Ihe written law. Under this law the Kill
ing OF a man who has despoiled the slay-
ers wife, sister. daughter mother or other
close female relative Is justillable, and
this Macrovich viii plead.
Sensation Promised,
Popich was member OF the Creek
Catholic faction and Ma erovich belongs to
the Roman Catholic faction. II was said
at the time OF the alleged murder that
between Maerovich and his victim. but
there will be little evidence at the trial
In support of this, II IS said. The defense
quently called at Maerovichs house while
Maerovich was away and !ntimidsted his
wife into furnishing free drinks for. him
and his crowd OF followers, and that he
finally despoiled her.
In addition It will try to show that
Popich had frequently threatened Maero-
vtch's life. and had attempted 70 Kill him
once or twice, That Maerovlch had ap-
pealed to Deputy Sheriff Forbes. In part
nershlp in the saloon business at Bng-
ham with a Greek Catholic Austria. tell
ing him of Popichs threats. and that the
deputy had ignored his appeals, Will be
otner allegations OF the defense. 1t also
will be charged that there was a bitter
business rivalry between Maerovich and
Mike Bogdan. with whom Popich boarded
into which Popich precipitated himself in
favor OF BoGdan.
District Attorney Fred C. Loorbourow
and County Attorney Willard Hanson are
prosecuting the case, while Christensen
~ DAILY are defending Maerovich. The
case Will last four or five days. and Will
be followed by the noted Thomas Vance
wife murder case.