The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-09-19

Judge Marshall took up the matter OF
protection OF Jurors, and differed from
Judge Whitecotton as 10 the matter OF
distance being an element. He said that
If the act complained of occurred at
place, which in The ordinary course OF
human events and the act resulted in
an Interference with the administration
of Justice, then II became an obstruc-
ton. Pertinent 10 this view, Judge Mar
shall said that If n juror could not be
protected on the street he would be
friends seeking to influence him for a
verdict one way or the other. In that
event, said Judge Marshall jurors would
have TO be locked up and kept prisoners
as price for their service,
Discussing the matter OF liberty OF the
press. Judge Marshall said it was the
right, OF newspapers to publish the. facts,
but II was not proper 60 comment upon
them in way that might produce an
influence on jurors, After n case had
been decided, Ia said. it was the right
OF the decision. Just as II would be
the right of an individual. The pub
licatiop of the testimony offered at
trial. he said, was proper for the
mony. but TO say that this Wit
ness should be believed and that one
was not proper. Read
ing published opinion, a juror might
easily he influenced he said. The juror
might esteem highly the Judgment Of the
man who wrote the opinions. and con-
Scqucntly he SWayed by them.
The motion was denied, and Judge
Whitccotton then entered pleas Of not
guilty for his clients.
Transcript Introduced.
a transcript OF the evidence In the
case OF Sefrit against the Telegram Pub
fishing company was introduced, and
copies OF the Herald Republican OF May
and May ., containing the articles as
serted 10 he In contempt, were also Of
3 IDS,I tod hnxt fttf
the copies of the paper were admitted
only for the purpose OF proving the dis
play and prominent headlines which had
beer given the articles
Mr.. McCrea, for the prosecution, called
Frank ]. Westcot as a witness. Mr..
Westcott is secretary OF the Telegram
Publishing company and ". vas present at
Mr. Westcott was asked II he had heard
jurors in that case say they We're readers
of the Herald Republican. He said he
jurors who had testified upon their ex-
animation that they were readers OF the
Herald -Rspublican.
In answer to question by Judge
Whltecotton on cross examination. Mr..
Westcott denied that he was anxious
to see the defendants. convicted" He
wanted only 10 see justice done. he said.
At the afternoon session Judge Thomas
was introduced as witness
for tho government. Judge Marioneaux
was the attorney who examined the
Jurors In the SeIrlt Telegram case. Judge
said that at least two OF the
jurors had testified that they were read |
ers Of tho Herald Republican
j w. Christy. official stenographcr who |
reported the case. read from his notes to |
the effect that three OF the jurors had |
testified that they were readers of the !
Herald Republican.
George Jewett. who runs n news stand !
near the northeast corner OF the federal |
within forty feet OF the en-
trance. to the sourt. testified that he had
Herald Republicans for sale daily and |
that ne had them for sale on the days
when the paper contained the articles al |
legged to constitute contempt.