The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-15

opinions and their prejudices.
After such examination as afore-
said, II appearing to the court that
the voniremen already drawn ana
summoned would be exhausted pc
fore q jury OF twelve men could
qualify TO try the case. and the
court by reason thereof ordered a
venire Of fifty men TO be sum-
m0ned for the purposes OF com
pleting a Jury. While those men
were being summoned and before
they had appeared in court 70 re-
ceive any instructions pertaining
TO reading articles in public jour
nails or with listening TO converse
tions about the case. or discussing
~ with other people. an article
appeared IN this morning Herald-
Republican. OF date Of June H.
1910. a copy Of which paper Is here
to attached, marked exhibit "A"
made a part OF this affidavit. and
to which special reference Is made
to the article in said newspaper,
headed Hays Murder Case Called
for Trial. etc in which article IL
appears that a history OF the case
was recOunted and all OF the state
ments and evidence that would be
used upon the part OF the prosecu-
ton was published. so that anyone
reading said article In said news
paper could not but be preJudiced
against the defendant and no one
could help but be drawn towards
lines thereof. and especially the
fifty new veniremen which had
been summoned TO appear IN court
on June "a. 1910, at ? O'Clock p
m And affiant further charges
that the article aforesaid IS so
written as to practically charge
this defendant with the oftense Tor
which he Is now being tried IN
court. and written In such ian
rriage that ~ IS practically i'm
possible for any person TO read the
same without forming an unquali-
fled opinion as TO defendant
guilt as directly charged in SAID
article: affiant further says That
he has reason TO believe and does
believe that the said Herald-ke-
publican has a large circulation
and Is extensively read tnrouE n
out salt Lake county, and that ne
article herein referred to and made
part hereof has and will so mouio
public opinion as to render a falr
and impartial trial impossible IN
Salt Lake county. affiant Iurther
believes that by reason OF the sen
ffnent heretofore created and re-
rived and extended by the article
hereto attached, justice cannot o
had in salt Lake county. and al
fiant believes that his interest," anu
rights and the demands OF justice
rcqufre that this trial be heard N
a county where the prejudice anu
sentiment created by the oIIenSe
charged and by the claims or tne
public officers in their ettores -
fenSe and the sentiment created
bv the public press. are not SO
prominent as they are In Salt Lax
county. and that. therefore, Justlce
5crnand a change OF venue TO
some remote county In this state
District Attorney Opposes
- n
replied to the motion, saying that q
,ppifcatfou for a continuance Of q
-ase had come too late, fnasmuch as u
Attendant and his counsel had appear
ne previous day and said they we
ready for trial and the work OF selec
ing n Jury had already begun.
Judge Lewis decided that the app
cation for a change OF venue would
denied. but he expressly gave the
,orney for Riley permission 10 rene
hts motion for continuance OF u
case AT a later time in case IL deVe
,ped that through the publication OF
review OF the case in The Herald-k
publican IL was Impossible 70 prOcu
4 Jury Judge Lewis said the best W.
to find out the effect OF publicity give
the case was to continue the work
filling the jury
"The article In this mornings Heral
IS "A plain example OF CO
tempt and the court will instruct q
district attorney TO bring proper pr
reedfngs IN the matter" said judi
evils The statement made by Thor
is not competent In this trial. and q
Of those matters tends
make the selection OF a jury impossibl
The officers OF the law who give SUI
20 the papers are to be ce
zured in many instances, and I have n
doubts n they are not in contempt
court in allowing their publication
the attorney for the defense should
ANYTHING like that he would be laugh
out Of the profession.
THE publication OF such confession
aid more to aid Driskell in his rece
trial than any other influence, al
made necessary a delay OF five mont
in that case"
Contempt OF Court
Later. Judge Lewis said. during r
cess OF the court. that he regarded 9
Of the confession OF Thor
as in contempt OF court because
spread before the Jurors and the SD
cial venire matter that was not ADM
sible as evidence. inasmuch as the III
men summoned the night before nj
not been instructed 20 refrain tro
reading about the case or discussing
The confession OF Harry ThOrne r
ferred 20 by Judge Lewis yesterday al
which he said was in contempt OF cou
because 20 spread before the jury ma
ter which was not admissible at q
trial was made to the chief Of poll
and other witnesses al the city Jail ar
after ThOrne had signed the documel
Rflov was brought in the room. Aft