Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-08-02
Plea OF Defense Will be JustIflable
Homicide Under the
Statutes.
SHORT ORDER JURY SECURED.
state VIII Try 10 Prove Prcmehitated
Murder ON Circumstanuai
Evidence.
lspecIal correspondeneel

Especial correspondents
PROVO. Aug 2.-The case OF the
state W Claude II Give is now on
trial in the Fourth district court. Tine
case was commenced yesterday morn
ing and rapid progress was made IN
securing a jury nine being accepted
yesterday and the remaining three thiS
forenoon, The jury which viii try the
case are: J. H. Ginger. Lake View .
u. Johnson, springville; Joseph "
smith. George Ekins, Pleasant View
Marion Holloway. George a. Startup.
H. j. w Goddard. George j. Duke anu
r. W. Giles, Provo. John II. Stratton'
Provo Bench, and ]. q. stone, Nine-
yard The remaining jurors VIII be Sc.
lected this afternoon, when the triai
proper viii begin.
The defendant Is charged with MUIR
der i'm the first degree for the killing OF
VIM. o. Wilcox at Mil Fork IN Spanish
Fork canyon on the evening OF May
T. of this year. He admits the killing
but socks Justification under subdi-
vision 4, section 426s. Compiled Laws
OF Utah. 1907, which makes homicide
justihablo
when committed in sudden heat
Of passion. caused by an attempt OF
the deceased TO commit a rape upon or
To defle the wife, daughter, sister,
mother or other female relative or de-
pendant Of the accused. or when such
dehlement has actually been COM
mitted."
Defendant is represented by Judge ].
W ~ Whitecotton, who In examining
Jurors. asked " they would follow the
instructions OF the court If instructed
that homicide Is justifable when com
mitted under the circumstances named
in the law. He also asked each Juror
II he was "A member OF the Masonic
fraternity. the order Of Woodmen and
Woodmen Of the World Of which or
ders Wilcox was member
The state Is represented by Dist.
Atty. Harvey Cluff and County Atty.
Jacob Evans Dist Atty. Cluff, i'm ex-
aiming Jurors. asked each juror II he
had studied psychology and II he had
had any experience with the effects OF
jealousy on the mind of n person. and
the extent IL would lead a person un-
der its influence.
Wilcox at the time Of the killing had
charge OF a bridge crew for the ID g.
r. G.. which was stationed az Mill
Fork IN spanish Fork canyon. Give
was one OF the crew and Mrs. Give
was cooking for the men. Wilcox had
his bedroom in one end OF car. the
center of the car was used by him for
an office and tho other end for a sleep
ing apartment Tor Mr.. and Mrs. GIVE.
Three DAYS before the killing Give had
LEFT on account of circumstances which
he considered showed too friendly
feeling on the part of Wilcox for Mrs.
Give. He went TO Salt Lake and from
there To Bingham. where he secured
another Job. Then he started back 10
spanish Fork canyon for the purpose
of taking Mrs. Give with him to Bling
ham lie arrived at Mil Fork on the
evening OF the 9Th about 10 o'clock and
went to he car whore Mrs. GIVE ana
Mr. M-f ok were He SAYS that when
he arrived AZ the door of Mrs. GIVE $
room he heard her demonstrating with
wilcox and asking him to leave. Al
that Give entered and saw wilcox
come out of Mrs. Gives room IN ms
night clothes. Give followed Wilcox
into the middle room Of the car and
Aired a shot at Wilcox and followed
him into Wilcox's bed room where
scufne eusued and other snots were
fred and Wilcox was Killed. When II
was seen Wilcox was dead Give re-
mained at the car and sent for officers
and WAS brought to Provo. Atter an
examination before Judge Booth, de-
PENDANT having waived preliminary eN-
animation. he was released penang
trial on S. 600 bail.
The pistol with which wilcox was
killed was one Give had bought for
Wilcox I'm Salt Lake and was taking
back To him.
Tho state claims that the murder was
wilful and premeditated and viii in
troduce circumstantial evidence TO con-
tradict olives story Of the killing. The
attorneys for the state claim that
Give did not enter the car by way
of Mrs. Gives bedroom; hut through
Wilcox's bedroom where he found VIII
cox I'm bed or about 10 go TO bed, ana
that the location Of tho bullet holes
and other physical evidence show TINS
10 have been the case. The car III
which the shooting was done Is AT the
depot here. and will no doubt be IN
spected by the jury.
CUve IS from Salt Lake and was
police officer for a time under Mayor
sara Thompson's administration.
N,ll-ox's home was in Provo ana ms
widow and six children still I'VE mere
In the progress OF getting jury sew
craI jurors were excused for being OPP
posed to the death penalty.