Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-02-23
Jury Not Yet Secured to Hear
Evidence in Action of Brad
ley Children.
MANY HAVE FIXED OPINIONS.
Court Warns Talcsmcn Not to Seek TO
Evadc Duty by Reason of
Mere Hearing.

Judging from the progress mado
court in which the Will of the late
Senator Arthur L. Brown, dLsowning
and disinheriting the two children OF
Mrs. Bradley Is sought to be set aside,
the case will be an extremely protract-
ed one. OF the eleven talesmen al
ready called to the jury box. three
have been excused for cause. while
eight have been interrogated by ono
side only, and not single juror has
been accepted up to date.
The net result of this mornings ses-
sion was the excusing OF Hampden d.
Beattie as juror on a challenge made
by Judge King. MI Beattie said in
answer to questions by Judge Marion
eaux that he had formed an opinion
as to the paternity of the Bradley
children which 1t would require con-
siderable evidence to remove, and the
presumption is that this question viii
form one of the most important points
In the contesting of the VIII. the chal-
lenge was sustained and Mr.. Beattle
was excused
Justus Jungk, of the firm of Jungk
&c Fabian, of Salt Lake City, was tho
next talesman examined, Mr.. Jungk
said he was born in Germany and had
been In this country over 80 years. He
admitted that he had formed an
opinion as to the competency of the
late senator at the time he made the
will which is the chief element of the
controversy in this case. also that he
had decided prejudices as between the
rights of legitimate children and illc-
climate children, In response to
questions by counsel he said his in
clinations were in favor of children
born in wedlock and against those not
born In that relation.
Would you be prejudiced against
children born illegitimately even
though their father acknowledged that
they were his children?" asked Judge
MarIoneauX.
yes. sir, would" replied Mr.
Junek
Judge MarioueauX challenged the
juror for direct bias against the minor
parties to the action. Judge King for
the Brown heirs resisted the challenge,
on the ground that the attitude of
the Juror as to the sacredness of the
marriage relation was that of all re-
specting people.
WARNING FROM BENCH
Judge Ritchie at this point took oc-
casion to utter a note of warning to
those called into the jury box against
eXaggerating any opinions they might
have formed as to the Issues in this
case. He said that mere hcarsay opin-
lon was not sufficient to warrant any
attempt to evade jury duty, and that
unless such opinion were grounded
upon convincing evidence obtained by
other than by reading newspaper
stories or ordinary conversation the
opinions SO formed should not be used
n fnr hn 1r,txv oP
every citizen in respect to jury duty.
Considerable difficulty was expert
enced by counsel on both sides in get
ting at the exact state of mind of
the prospective juryman. as Il became
evident that the intricncies OF techni-
cal English were not entirely grasped
by him. He maintained that his pre-
1udice against the right of illegitimate
children to inherit even though they
had been acknowledged by their ia
ther but said that he would abide by
the instructions of the court as to the
law in the matter
Several tits between counsel oc-
CURED during the examination which
developed into brief discussion of
the proper attitude of mankind In re-
gard to the marriage relation, and the
respect in which that institution is
generally held Judge Ritchie indicat-
ed to counsel that such a discussion
was hardly essential to the issues
in the case pending. and the examina-
ton was continued.
After a further line OF questions upon
the same strain. Judge Marioneaux re-
newed his challenge Judge King again
resisting The noon hour having ar
rived, Judge Richie at this point an
nounced recess until o'clock. with
the Jungk challenge stIll undecided
Up to date the talismen examined
are Hampden D. Bcattie. salesman;
Christian Berger. farmer: William r.
Ashby, dry goods dealer: David Arch
bald. farmer. Joseph e. Davis, Ice
cream dealer Louis Bateman, plumb
er: Henry Johnson, real estate dealer,
Oliver Hodgson. contractor: Josiah
Burrows, clothing merchant: Justus
Jungk. brick merchant and Edward L.
Gray. clothier.
or the above. William R Ashby and
Henry Johnson were challenged for
cause and excused Monday afternoon,
and Hampden d. Beattie was challeng-
ed and excused this morning. The re-
naming eight have yet to be taken
through the PAGES by counsel for tho
defense, with the outlook that the
process Will be one long drawn out. and
not promising for the case any early
to- l,,Nf