The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-15
HERALD-REPUDLICAN
SAID TO Be IN
CONTEMPT OF COURT
Continued From PAGE OnsJ

read all about the case and had formed
an opinion. asked 10 be excused. Judge
Lewis told Robinson TO be seated and
tried TO continue his remarks. but
Robinson wanted 90 talk at the same
time SO that while he was talking he
could not hear the Instructions that
were being given by the court
Judge Lewis then told Robinson to
come forward and. approaching the
bench. Robinson began an grafton as
20 bis qualifications or lack Of quail
fication as a Juror. Judge Lewis re-
peatcdly told Robinson TO be seated.
Deputy Sheriff Andrew smith. Jr.
grabbed him and pumped him down in
o. seat after the manner OF a school
master handling an unruly bad boy.
Excused From Service.
Hes drunk. your honor was the
remark made by the deputy sheriff
after he bad deposited Robinson in a
seat Robinson was called to the bench
qEain and questioned 0s 10 whether he
that De had not touched a drop that
day and. when he showed further in
clination 20 talk while the court was
addressing him. ne was forcibiy escort
Cd 90 a seat again by ttc deputy
sheriff and finally excused from service
a. Juror.
court. Judge Lewis asked the counsel
FOR Riley m he had read the article
lu yesterdays Hcrald-R Republican. anC
he suggested that Mr.. Pardee should
with the examination Of jurors. A re-
cess was declared until Mr.. Pardee
could read the article again and he inn
mcdi1tely moved for a continuance OF
the case and a change Of venue. Judge
lewis granted the continuance until
afternoon Or order to allow time 20
motion.
ImmcdiateIy after the preliminary
examination of the special venire
which bad been summoned for
O'Clock. Mr.. Pardce made hts notion
asking that the case be continued and
~ trial De postponed indefinitely and
t.Iat the Jury be discharged and that
the court change the venue Of the trial
20 some other county. the motion being
based on the ground that the defendant
could not have fair aud impartial
The affidavit Of Thomas Riley the
prisoner. I'm support Of the motion was
SUBSTANTIALLY as follows.
Thomas Riley. being first duly
sworn. on oath says. that he IS
the defendant in the above entitled
case, that he moves 20 have this
venue granted for the reason that
Do believes that he cannot have a
fair and impartial trial in the
county Of salt Lake. state OF Utah:
that at the time that the offense
occurred IN which ne is alleged TO
have participated. 70 wit. on OF
about March 20. 1910. and several
days thereafter. the public Jour
mails OF salt Lake published fun
cdy alleged. and OF the parties
concerned therein alleged 90 have
been the parties who perpetrated
the alleged crime: said journals
published such n fun and detailed
account and made such strong
statements OF the evidence, and an
matters and persons charged with
being connected thcrwith. that
public opinion formed very strong
Is against this defendant. and con-
size 1rahle excitement was created
e. the public minds at that time
on account q the transaction as
ALLEGED IN the newspapers. and
which excitement and public opin-
son ranged so high that the county
officials having this defendant in
custody were compelled TO remove
him from the county jail 70 the
him from being victim OF mob
violence.
Hecn I'm PcnItentIsry.
And the defendant has remained
fn the penitcntiary till Monday.
June ~. 1910. when his case was
called FOR trial. on Monday. June
10. during the examination OF the
jury for the qualification OF Jury
mon to SIT In HIS case. ~ appeared
from che examination OF twelve
iurymcn. that all Of them had
read the articles published about
the case en- Salt Lake newspapers.
and that. as appears from the rec
Ords In this case. all or nearly all
Of raid vcuircmcn had formed opin-
ion. concerning the guilt or inno-
Ccuce of this defendant. and all
were more or less impressed with
the facts so stated. 30 that after
an entire day Of such examination
only one venircman was finally
sworn and accepted as a juryman
inc examination OF the said venlre-
men that "a large proportion OF
them had read the article D. blish-
Cd I'm the salt lake Herald -kepub-
lican. and upon which they had
formed a conclusion and their