Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-05-20
F|RST CASE
|SON trial.
County Attorney Job P. Lyon Ap-
pears as Prosecutor in
RedIight Case.
DEFENDANT DEMANDS Jury.
w. S. Mccormick, A. ]. sproles
AndA. O. Miller Are Ac-
cepted and Sworn.
At Noon Adjournment All Was Ready
For Talking Testimony at Begin
ming ofs22 O'clock Session.
: y Z 8 .set 4
DEFENDANT DEMANDS Jury.
Margaret

hSllIitll 4. + =.
!. The jury w S. Mccormick,
!. banker. A. j. Sprolcs, real es- :.
!. tate dealer. A o. Miller :
+ ieweler.
thing. else. or even a mistake. came to
tic surface this afternoon in the trial
of the Margaret Smith case. When
tl,c court session oDcned, Tie defense
produced tic wrong. woman to answer
TO tic charge against the defendant
neainst whom today.s proceedings arc
bcin. taken. Il. S. Woodruff. the
prosecutions first witness. stated In
stantly that the woman brought III
was not the woman against whom the
complaint was drawn. The other wit
ncsscs. who had been excluded. tcsti-5
fed to tic same fact
Attorney job y. Lyon, for tile state.
tlicn asked the court 10 order tho bond
OF the Smith woman forfeited. The
motion was resisted by the defense.
upon tile ground that in miSdcmcanor
cases. the defendant may be rcDrc-
scntcd BY counsel. Mr.. Lyon opposes
this argument With the statutory Dro-
vision which directs the production of
persons for Identification. Justice
Hanks eventually ordered the defend
ant to aDpcar III court In 20 minutes
on pain of forfeiture of her bond. a
recess OF 20 minutes was then taken.
| The witnesses for tl,e statc WHO were
II. S. Woodruff. Lon j. Haddocll. T.. y !.
Eartlley. George o. Morris and Guar
dclio Brown. Attic request OF the
defense NIL witnesses except tic one
undo examination were excluded from
the court room
Margaret Smith, otherwise known
as Nellie Roe, charged with vagrancy
in soliciting for immorl purposes
within the district known as the
."stockadet' is today being tried for
her offense by a Jury of three men.
For the first time, perhaps in the
history Of criminal Jurisprudence in
the city. section 1926 Of the COM
piled laws of Utah, 1907. was in
volied to validate the trial by a
jury less than four persons of u
person charged with a criminal Of
Tense. The section quoted reads: "a
trial jury in Justices court. both
+ in civil and criminal cases. shall con-
3sist of3four persons, oil. Of any number
less than four upon which the par
a; E.
Atty. Sam a. King, appearing for the
defense, after the first panel of eight
persons had been exhausted with only
three persons who We're found accept
able to both prosecution and defense in
the case. moved that the trial proceed
under the section quoted above Coun-
fty1 Atty. JOB Lyon, conducting the pros
ecution, agreed to tho proposition and
the proceedings We're adjourned by JUS
tice Stanley NJ. Hanks, before whom
the trial is being held, until p. m.
JURY Is DEMANDED.
The defendant did not appcarin per-
son at the session of court this lnoin-
ing. By her attorneys. King and Rob-
inson, the defendant entered q plea OF
not guilty and demanded jury trial.
sI1dlI an llDlli" > EettSSS Was taken 10 ell
able the officers to serve summons up
on eight jurymen. who We're selected as
follows: p. NJ. Todd. A. u. MCGUIRE,
Elias A. Smith, G. Fl. Rea gan, A. j.
Srroles, A. o Miller, w. S. Mccormick
and David L. Murdoch.
When court resumed session Atty.
King began questioning the talesnlen
as to their qualifications to try the
case at bar, laying particular stress
INT AZ 10, >,J,a 49,
the prospective juror would be inilu-
enced in his verdict by the fact that
tho woman charged with the offense
was arrested in "a red light district,
known as the stockade.'
w. S. Mccormick stated that such a
fact would have no influence upon his
mind in trying the case, and that he
could give the defendant the same con-
sideration as any other person charged
with a crime.
In answer to a duestionsby Mr.. King.
Mr.. Mccormick said that the fact that
he was president of the Utah Young
mems Republican club. whose official
organ the Intermountaii1 Republican
VAS and which organ was engaged in
attacking the county attorney, who was
prosecuting this case, or the alleged
fact that the move against the dis
trict was 4 political one. would also
have no bearing upon his verdict In
the case.
would the faring headlines of the
Republican holding UP Mr.. Lyon to eX-
ecration have any influence on your
mind for or against Mr.. Lyon, and con-
3sequently upon your verdict in this
case ~ asked Mr.. King.
Il should hope not" replied Mr.. Me-
Cornick.
The defense passed the juror for .
cause. and the prosecution accepted
the juror.
Judge Elias A. Smith admitted in
cideti opinions rs to the red light dis
strict'' and as to it's location in a re-
stricted place. The fact that it was
located on the west side, Judge Smith